SUCCESSION. This is a legal teen derived from the Roman Succeario," which signifies a coming into the place of another, and Successor is he who comes into such place. e The Roman term signifies a coming into the place of another so as to have the same rights and obligations with respect to property which that other had. There might be successio either by coming into the place of a person living, or by becoming the successor of one who was dead. Gnius 77, &c.) gives instances of strecesaio in the case of persons living, one instance of which is the Bone-tun Cessio according to the Lex Julia. Succession was again either Universal or Singular. The instance, of universal succession (per universitatem) which tiaius (ii. 97) enumerates, are the being made a person's here,, getting tho posesesio of the bona of another, buying all a man's property, adopting a person by adrogatio, and admitting a woman into the mantis as a wife ; in all of which cases all tho property of the several persons enumerated panned at once to the person who was made ham, or got the bononnn posseatio, or bought the whole property, or adopted another by odrogation, or married the woman. An instance of Angular succession is the taking of a legacy under a man's will.
The term Sue-cession is used in our language. We speak of the succession to the crown or the regal dignity, and the term implies that the successor in all things represents the predecessor. Indeed, the klug, as a political person, never dies, and upon the natural death of a king the heir immediately succeeds. The English heir-atdaw takes
the dessendible lands of his ancestor as universal successor ; and the executor takes ;the chattels, real and other personal property of his testator as universal successor. The general assignee or assignees of a bankrupt or insolvent take by universal succession.
• Blackstone says that " corporations aggregate consist of many persons united together into one society, end are kept up by a perpetual succession of members, so as to continue for ever." It is true that when members of a corporate body die, others are appointed to fill up their places, but they do not succeed to the others in the Roman sense of succession—they simply become members of the corporation. But it has been established in some cases that the use of the word " sue ces.sore " implies that the legislature meant to establish a corporation ; and yet it is certain that a feoffinent of land to a corporation aggregate without the word "successors" is a valid grant. In a feoffment to a corporation sole the word "successors" is necessary. The succession in the case of a corporation sole follows the nature of the Roman succession. In the case of a corporation aggregate there is uo sue cession, and the rule that a corporation may be established by the use of the word " successors" in a statute is founded on an erroneous understanding of the term "successors."