Definition of INHERITANCE


INHERITANCE

estates. A perpetuity in lands to a man and his
heirs; or it is the right to succeed to the estate of a person who
died intestate. Dig. 50, 16, 24. The term is applied to lands.

2. The property which is inherited is called an inheritance.

3. The term inheritance includes not only lands and tenements
which have been acquired by descent, but also every fee simple or
fee tail, which a person has acquired by purchase, may be said to
be an inheritance, because the purchaser s heirs may inherit it.
Litt. s. 9.

4. Estates of inheritance are divided into inheritance absolute,
or fee simple; and inheritance limited, one species of which is
called fee tail. They are also divided into corporeal, as houses
and lands and incorporeal, commonly called incorporeal
hereditaments. (q. v.) 1 Cruise, Dig. 68; Sw. 163; Poth. des
Retraits, n. 2 8.

5. Among the civilians, by inheritance is understood the
succession to all the rights of the deceased. It is of two kinds,
1 . That which arises by testament, when the testator gives his
succession to a particular person; and, 2. That which arises by
operation of law, which is called succession ab intestat. Hein.
Lec. El. 484, 485.

Source: Bouviers Law Dictionary 1856 Edition

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