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NeCede's

Maxim 5.6.4

The heir is part of his ancestor.

Haeres est pars antecessoris.

Source: Co. Litt. 22; Schoonmaker v. Sheely, 3 Hill (N.Y.) 165, 167 Difficulty 2/5 — Approachable

Explanation

In law, the heir is treated as a continuation of the ancestor's legal identity — the ancestor lives on through the heir for purposes of right and obligation.

Where this applies

  • My grandmother's debts are being passed to me as her heir — is that fair?
  • As the heir, am I treated as a continuation of my deceased parent in the eyes of the law?

Topics

Inheritance & Descent

Legal domains

inheritance

See also

Cite this maxim

NeCede Max. 5.6.4 — The heir is part of his ancestor. — Co. Litt. 22; Schoonmaker v. Sheely, 3 Hill (N.Y.) 165, 167 (Haeres est pars antecessoris.)

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