Last Heir - Law Dictionary Search Results
Home Dictionary Name: last heirLast heir
Last heir, he to whom lands came by escheat for want of lawful heirs-that is, in some cases the lord of whom the lands were held, but in others the sovereign, Bract. 1. 7, c. xvii. see ESCHEAT....
Inheritance
Inheritance, or hereditary succession, is the title whereby a man, on the death of his ancestor, acquires his estate by right of representation as his heir t law.The 'canons of inheritance' are the rules directing the descent of real property throughout the lineal and collateral consanguinity of the owner dying intestate.These rules have been abolished in the case of deaths after January 1st, 1926, with a few exceptions (see HEIR), by the (English) Administration of Estates Act, 1925, s. 51, but they still affect the devolution before 1926 of all titles to estates of inheritance.Inheritance Act.--The Inheritance Act, 1833 (3 & 4 Wm. 4, c. 106), materially altered the old canons of real property descent, but because the Act does not extend to any descent which took place on the death of any person who died before the 1st of January, 1834, it is deemed expedient to give both old and new:-Old Canons.--The old Canons, which obtain in cases of ancestors dying before the 1st of January, 1834...
Institutions
Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...
Possessio fratris
Possessio fratris, a seisin to turn the descent away from the brother of the half-blood to the sister of the whole-blood; thus, if a father had two sons, A. and B., by different wives, these two brethren were not brethren of the whole-blood, and therefore could never inherit to each other, but the estate rather escheated to the lord. Nay, even if the father died, and his lands descended to his eldest son, A., who entered thereon, and died seised without issue, still B. could not be heir to this estate, because he was only of the half-blood to A., the person last seised; but it descended to a sister (if any) of the whole-blood to A.; for in such cases the maxim was that the seisin, or possessio fratris, made the sister the heiress. Yet, had A. died without entry, B. might have inherited, not as heir to A., his half-brother, but as heir to their common father, who was the person last actually seised, 2 Bl. Com. 227. Abolished by 3 & 4 Wm. 4, c. 106....
Seisina facit stipitem
Seisina facit stipitem. Before the Inheritance Act 1833, the old rule of intestate succession to real estate was that descent must be traced from the person last seised, i.e., in possession. (Seisin makes the heir.) But see now the Inheritance Act, 1833 (3 & 4 Wm. 4, c. 106), which enacted that descent should be traced from the last purchaser, i.e., the last person entitled who did not inherit (see PURCHASE), and the rule is still applicable in 'ascertaining the heir' under equitable limitations provided for by ss. 130, 131 and 132 of the Law of Property Act, and s. 51 of the Administration of Estates Act, 1925, and Williams on Seisin, pp. 51 et seq.(Wright, Ten. 185), the seisin makes the stock (viz., of descent)....
Ultimus h'res
Ultimus h'res, the last or remote heir, that is, the sovereign who succeeds failing all relations, Scots Law....
Per and post
Per and post. To come in in the per is to claim by or through the person last entitled to an estate, as the heirs or assigns of the grantee: to come in the post is to claim by a paramount and prior title, as the lord by escheat. See Co. Litt. 271 b, Harg., n. (1), II....
Possession is nine points of the law
Possession is nine points of the law. This adage is not to be taken to be true to the full extent, so as to mean that the person in possession can only be ousted by one whose title is nine times better than his; but it places in a stronger light the legal truth that every claimant must succeed by the strength of his own title and not by the weakness of his antagonists. For instance, if the claimant be able to show a descent from the grantor of the estate, perfect except in one link of the chain, and the man in possession be a perfect stranger, the latter shall keep the estate; and so, also, if the claimant be a natural son of the last owner and adopted by him, and declared by him to be designed as his heir, yet if he dies without making a will in his favour, a stranger in possession has a better title. In Beddall v. Maitland, (1881) 17 Ch D p. 183, Sir Edward Fry, speaking of the statute 5 Rich. 2, stat. 1, c. 8, which makes a forcible entry an indictable offence, says: 'This statute c...
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
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