← Back to "C" terms

Confl. Laws, § 507; 3 Bl. Comm

Categories: Property

Definition (1910 Edition)

Origin: Civil Law

224. Otherwise called “heres eA testamento.” and ‘hares institutus.” Inst. 2, 9, 7; Id. 2. 14.—Heeres fideicommissarius. In the civil law. The person for whose benefit an estate was _ given to another (termed “heres fiductarius,” (q. vw.) by will. Inst. 2, 23, 6, 7, 9. Answering nearly to the cestué que trust of the English law.—Heres fiduc us. A fiduciary heir, or heir in trust; a person constituted heir by will, in trast for the benefit of another, called the “fidcicommissarius.”—Hger~ es institutus. A testamentary heir; one appe by the will of the decedent.—jHeercs egitimus. <A lawful heir; one pointed out as such by the marriage of his parents.—Heer= es natus. In the civil law. An heir born; one born heir, as distinguished from one made heir, (hares factus, g. v.;) an heir at law, or by intestacy, (ab tntestato;) the next of kin by blood, in cases of intestacy. Story. Confl. Laws, ; 507; 3 Bl. Comm. 224.—Heeres necessarius. n the civil law. A necessary or compulsory heir. This name was given to the heir when, being a slave, he was named “heir” in the testament, because on the death of the testator, whether he would or not, he at once became free, and was compelled to assume the heirship.
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.