Maxim 5.6.16
Inheritance is not to be understood as comprehending only the lands and tenements which a man has by descent; but also every fee simple or fee tail which he has by purchase is also called inheritance, because his heirs can inherit it from him.
Haereditas n'est pas tant solement entendue lou home ad terres ou tenements per discent d'enheritage, mes auxi chescun fee simple ou tail que home ad per son purchase puit estre dit enheritance, pur ceo que ses heirs luy purront enheriter.
Source: Co. Litt. 26; Wharton
Difficulty 3/5 — Intermediate
Explanation
The term "inheritance" extends beyond lands received by descent to include any estate of freehold acquired by purchase — if heirs can succeed to it, it is an inheritance regardless of how the ancestor obtained it.
Where this applies
- I bought a property — is it still considered 'inheritance' even though I purchased it rather than receiving it by descent?
- Does the term 'inheritance' apply only to land passed down from ancestors?
Legal domains
Cite this maxim
NeCede Max. 5.6.16 — Inheritance is not to be understood as comprehending only the lands and tenements which a man has by descent; but also every fee simple or fee tail which he has by purchase is also called inheritance, because his heirs can inherit it from him. — Co. Litt. 26; Wharton (Haereditas n'est pas tant solement entendue lou home ad terres ou tenements per discent d'enheritage, mes auxi chescun fee simple ou tail que home ad per son purchase puit estre dit enheritance, pur ceo que ses heirs luy purront enheriter.)
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