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Bistate, 2 Fed. Cas

Categories: Contracts

Definition (1910 Edition)

Origin: Civil Law

42; McKinney v. Stewart, 5 Kan. 304.—Heir beneficiary. In the civil law. One who has accepted the succession under the benefit of an inventory regularly made. Heirs are divided into two classes, according to the manner in which they accept the successions left to them, to-wit, unconditional and beneficiary heirs. Unconditional heirs are those who inherit without any reservation, or without making an inventory, whether their acceptance be asprewe or tacit. Beneficiary heirs are those who have accepted the succession under the benefit of an inventory regularly made. Civ. Code La. art. 881.—Heir by adoption. An adopted child, “who is in a limited sense made an heir, not by the law, but by the contract evidenced by the deed of adoption.” In re Sessions’ Estate, 70 Mich. 207, 38 N. W. 249, 14 Am. St. Rep. 500.—Heir by custom. In English law. One whose right of inheritance depends upon a partcaler and local custom, such as gavelkind, or borough English.
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain. UK commentary and modern updates are original additions. This entry is for educational reference only and does not constitute legal advice.