heirs and assigns

Words which are used in the habendum clause of a deed and which have a well defined and settled meaning in the law as words apt and appropriate to pass a fee simple absolute, if not followed or accompanied by other modifying words. Jamaica Pond Aqueduct Corp. v Chandler, 91 Mass (9 Allen) 159, 168. Words of inheritance or limitation in the grant of an easement. Riley v Pearson, 120 Minn 210, 139 NW 361. The words of the statute, "the patentee, his heirs and assigns," whether construed according to the rules of grammar or to the intent of Congress mean "the patentee, or his heirs or assigns." They comprehend the legal representatives, assignees in law, and assignees in fact, and the phraseology raises no limitation in the sense of the strict common law rule applied to realty. De La Vergne Refrigerating Machine Co. v Featherstone, 147 US 209, 37 L Ed 138, 13 S Ct 283.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • heirs and assigns — n. A phrase used in conveying an estate in fee simple, used to define and limit the class of people who can inherit the estate. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008 …   Law dictionary

  • assigns — n. People who receive property from an assignor. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008. assigns n. The plural of assignee …   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

  • assigns — /ə saɪnz/ plural noun people to whom property has been assigned ♦ his heirs and assigns the people who have inherited his property and had it transferred to them …   Dictionary of banking and finance

  • assigns — Assignees; those to whom property is, will, or may be assigned. Used e.g. in the phrase, in deeds, heirs, administrators, and assigns to denote the assignable nature of the interest or right created. It generally comprehends all those who take… …   Black's law dictionary

  • Hobart and William Smith Colleges — Seals of the two colleges Established 1822/1908 …   Wikipedia

  • to have and to hold — The words in a conveyance which show the estate intended to be conveyed. Thus, in a conveyance of land in fee simple, the grant is to A. and his heirs, to have and to hold the said [land] unto and to the use of the said A., his heirs and assigns… …   Black's law dictionary

  • his heirs — See heirs; heirs and assigns …   Ballentine's law dictionary

  • The Devil and Daniel Webster — This article is about the short story. For other uses, see The Devil and Daniel Webster (disambiguation). The Devil and Daniel Webster   Author(s) …   Wikipedia

  • per and post — /par and powst/ In old English law, 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 in the post is to claim by a paramount and prior title; as the lord by… …   Black's law dictionary

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