Maxim 5.6.26
An heir is a part of his ancestor.
Source: Co. Litt. 22; Branch, Princ.; Schoonmaker v. Sheely, 3 Hill. (N.Y.) 165, 167; C.L.M; Co. Litt. 8a; Broom, Max. 519; Weisman, 58ee
Difficulty 4/5 — Advanced
Explanation
(English-origin maxim.) The heir is treated as a continuation of the ancestor's legal person — the rights, obligations, and seisin of the ancestor flow through to the heir without interruption.
Where this applies
- A son steps into his father's shoes upon the father's death, inheriting not just the property but also the father's legal obligations and claims.
- When a woman dies, her daughter as heir is treated as a continuation of the mother's legal person, able to enforce the mother's contracts and defend her claims.
- An heir sues to collect a debt owed to his deceased grandfather, and the court allows it because the heir is considered part of the ancestor in the eyes of the law.
Cite this maxim
NeCede Max. 5.6.26 — An heir is a part of his ancestor. — Co. Litt. 22; Branch, Princ.; Schoonmaker v. Sheely, 3 Hill. (N.Y.) 165, 167; C.L.M; Co. Litt. 8a; Broom, Max. 519; Weisman, 58ee
Found an error? Suggest a correction →