lawful heirs


lawful heirs
Those persons upon whom the descent of real property is cast upon the death of the owner intestate. 23 Am J2d Desc & D § 43. As the term appears in a will, those persons on whom the law passes the descent of real estate or admits to partici- pate in the distribution of personally, except as a contrary intention appears in the context of the will in which the clause appears. White v Inman, 212 Miss 237, 54 So 2d 375, 30 ALR2d 380. Ordinarily a term of art, constituting words of limitation. 28 Am J2d Est § 118. But sometimes constituting words of purchase. Conger v Lowe, 124 Ind 368, 24 NE 889; 28 Am J2d Est § 118 (construed as meaning "children"). According to some although not all, authority, inclusive of half bloods as well as whole bloods. Anno: 49 ALR2d 1369-1372.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • lawful — law·ful adj 1 a: being in harmony with the law a lawful judgment a lawful purpose b: constituted, authorized, or established by law a lawful duty 2: law abiding …   Law dictionary

  • heirs — /erz/ At common law, the person appointed by law to succeed to the estate in case of intestacy. One who inherits property, whether real or personal. A person who succeeds, by the rules of law, to an estate in lands, tenements, or hereditaments,… …   Black's law dictionary

  • heirs — /erz/ At common law, the person appointed by law to succeed to the estate in case of intestacy. One who inherits property, whether real or personal. A person who succeeds, by the rules of law, to an estate in lands, tenements, or hereditaments,… …   Black's law dictionary

  • heirs — The plural of heir; persons taking by descent. Designation of grantees in a deed: the persons who are entitled under the law of intestate succession. 23 Am J2d Deeds § 215. Sometimes construed as meaning children, as where otherwise the deed will …   Ballentine's law dictionary

  • Heirs of the body — is the term for the English legal principle that certain types of property pass to a descendant of the grantee according to a fixed order of kinship. Upon the death of the grantee, a designated inheritance such as a parcel of land, a peerage, or… …   Wikipedia

  • lawful issue — As used in will the words primarily and generally mean descendants, In re Marsh s Will, 143 Misc. 609, 257 N.Y.S. 514, 521; including descendants more remote than children. In re Woodcock s Will, Sur., 55 N.Y.S.2d 656, 658. At common law, the… …   Black's law dictionary

  • lawful issue — As used in will the words primarily and generally mean descendants, In re Marsh s Will, 143 Misc. 609, 257 N.Y.S. 514, 521; including descendants more remote than children. In re Woodcock s Will, Sur., 55 N.Y.S.2d 656, 658. At common law, the… …   Black's law dictionary

  • lawful representatives — Where real property is involved as subject matter, term lawful representatives includes or means legal heirs. Where personal property is involved the term, when not qualified by context, is limited to executors and administrators …   Black's law dictionary

  • lawful representatives — Where real property is involved as subject matter, term lawful representatives includes or means legal heirs. Where personal property is involved the term, when not qualified by context, is limited to executors and administrators …   Black's law dictionary

  • lawful issue — In the broader sense, all the descendants of a person; the technical equivalent of heirs of the body. 57 Am J1st Wills § 1379. Primarily words of limitation, but words of purchase where it appears on the face of a will that the clause should be… …   Ballentine's law dictionary


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