HEIR. He who is born or begotten in law ful wedlock, and upon whom the law casts the estate in lands, tenements, or heredita ments immediately' upon the death of his an cestor. Thus, the word does not strictly' ap ply to personal estate. ' Wms. Per. Pr.
Ordinarily used to designate those persons who answer this description at the death of the testator. In its strict and technical im port applies to the person or persons appoint ed by law to succeed to the estate in case of intestacy. 2 Bla. Com. 201; Rawson v. Rawson; 52 III. 62; Kellett v. Shepard, 139 Ill. 433, 28 N. E. 751, 34 N. E. 254; Dukes v. Faulk, 37 S. C. 255, 16 S. E. 122, 34 Am. St. Rep. 745.
The term hein has a very different signification at common law from what it has in those states and countries which have adopted the civil law. In the latter, the term applies to all persons who are called to the succession, whether by the act of the party or by operation of law. The person who is created universal successor by a will is called the testamen tary heir; and the next of kin by blood is, in cases of intestacy, called the heir-at-law, or heir by intes tacy. The executor of the common law is in many respects not unlike the testamentary heir of the civil law. 'Again, the administrator in many re spects corresponds with the heir by intestacy. By the common law, executors-unless expressly author ized by the will-and administrators have no right to the personal estate of the deceased ; whereas the heir by the civil law is authorized to administer both the 'personal and real estate. 1 Brown, Civ. Law 344. See IDeuRs.
No person is heir of a living person. A person occupying a relation which may be that of heirship is, however, called heir ap parent or heir presumptive; 2 Bla. Com. 208 ; and the word heir may be used in a contract to designate the representative of a living person; Lockwood v. Jesup, 9 Conn. 272. A monster cannot be heir ; Co. Litt. 7 b; nor at common law could a bastard; 2 Kent 208. See BASTARD; DESCENT AND DISTRIBUTION.
In the word heirs is comprehended heirs of heirs in infinitum; Co. Litt. 7 b, 9 a; Wood, Inst. 69. The words "heir" and "heirs" are interchangeable, and embrace all legally entitled to partake of the inherit ance; Stokes v. Van Wyck, 83 Va. 724, 3 S. E. 387.
According to many authorities, heir may be nomen eolleetivum, as well in a deed as in a will, and operate in both in the same manner as the word heirs ; 1 Rolle, Abr. 253; Ambl. 453; Cro. Eliz. 313; 1 Burr. 38. But see 2 Prest. Est. 9, 10. In wills, in order to effectuate the intention of the testator, the word heirs is sometimes construed to mean the next of kin; 1 Jac. & W. 388; Reen v. Wagner, 51 N. J. Eq. 1, 26 Atl. 467; and statutory next of kin ; 41 L. T. Rep. N. S.
209; Tyson v. Tyson, 9 N. C. 472 ; the word "heir" can be construed as "distributees" or "representatives"; Eby's Appeal, 84 Pa. 245; and children; Ambl. 273; Lott v. Thompson, 36 S. C. 38, 15 S. E. 278 ; Baxter v. Winn, 87 Ga. 239, 13 S. E. 634; Franklin v. Franklin, 91 Tenn. 119, 18 S. W. 61; Barton v. Tuttle, 62 N. H. 558 ; Underwood v. Robbins, 117 Ind. 308, 20 N. E. 230 ; it can be construed to mean "heirs of his body"; Benson v. Lin thicum, 75 Md. 144, 23 Atl. 133 ; and grand children; Woodruff v. Pleasants, 81 Va. 40.
When heir is used in a policy of life in surance or a benefit certificate, or in the constitution or by-laws of a benefit society, it is 'usually construed to mean all persons designated as distrihutees under intestate statutes ; Estate of Comly, 136 Pa. 153, 20 Atl. 397; Kendall v. Gleason, 152 Mass. 457, 25 N. E. 838, 9 L. R. A. 509; Tompkins v. Levy & Bro., 87 Ala. 263, 6 South. 346, 13 Am. St. Rep. 31; Lee v. Baird, 132 N. C. 755, 44 S. E. 605 ; Thomas v. Covert, 126 Wis. 593, 105 N. W. 922, 3 L. R. A. (N. S.) 904, 5 Ann. Cas. 456. The widow is usually held to be included; Thomas v. Covert, 126 Wis. 593, 105 N. W. 922, 3 L. R. A. (N. S.) 904, 5 Ann. Cas. 456 ; Knights Templars & Ma sonic Mut. Aid Ass'n v. Greene, 79 Fed. 461; Hanson 'v. Relief Ass'n, 59 Minn. 123, 60 N. W. 1091; Northwestern Masonic Aid Ass'n of Chicago v. Jones, 154 Pa. 99, 26 Atl. 253, 35 Am. St. Rep., 810; Lyons v. Yerex, 100 Mich: 214, 58 N. W. 1112, 43 Am. St. Rep. 452 ; Alexander v. Aid Ass'n, 126 III. 558, 18 N. E. 556, 2 L. R. A. 161; Mullen v. Reed, 64 Conn. 240, 29 An 478, 24 L. R. A. 664, 42 Am. St. 174.
She is an heir of her deceased husband only, in 'a special and limited sense and not in the general sense in which that term is usually understood; Reynolds v. Stockton, 140 U. S. 270, 11 Stip. Ct. 773, 35 L. Ed. 464. Her right to share in a policy payable to "le gal heirs" was denied where the insured left a child; Phillips v. Carpenter, 79 Ia. 600, 44 N. W. 898; and where a statute gave her half of her husband's personal estate as statutory dower'; Johnson v. Knights of Hon or, 53 Ark. 255, 13 S. W. 794, 8 L. R. A. 732.
On the death of "a wife during the life of her husband, where insurance was to be paid to her, her heirs and assigns, he was held one of her heirs ; U. B. Mut. Aid Society v. Miller, 107 Pa. 162. A divorced wife was held not one of the heirs of a member' of a beneficiary society; Schonfield v. Turner, 75 Tex. 324, 12 S. W. 626, 7 L. R. A. 189.
See EXPECTANCY; SHELLEY'S CASE, RULE IN.
In Civil Law. He who succeeds to the rights and occupies the place of a deceased person. See the following titles, and H/ERES.