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NeCede's

Maxim 5.6.13

Heir is a collective name.

Haeres est nomen collectivum.

Source: 1 Vent. 215; Jackson Difficulty 3/5 — Intermediate

Explanation

The word "heir" comprehends not only the immediate successor but the entire line of successors — it is a word of limitation denoting all who may inherit in succession.

Where this applies

  • The will says 'to my heirs' — does that mean just my children or all future descendants?
  • Does the word 'heir' in a deed refer only to the next generation or to all successors?

Legal domains

inheritanceinterpretation

Cite this maxim

NeCede Max. 5.6.13 — Heir is a collective name. — 1 Vent. 215; Jackson (Haeres est nomen collectivum.)

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