heirs

heirs
The plural of heir; persons taking by descent. Designation of grantees in a deed:-the persons who are entitled under the law of intestate succession. 23 Am J2d Deeds § 215. Sometimes construed as meaning children, as where otherwise the deed will be void for uncertainty. 23 Am J2d Deeds § 215. Designation of beneficiaries under a wrongful death statute:–kin of the decedent who would inherit from him under the governing statute of descent and distribution. 22 Am J2d Dth § 47. Designation of beneficiaries of a life insurance policy:-those persons entitled under the statutes of descent to the personal estate of the insured in the event of his intestacy. 29A Am J Rev ed Ins § 1659. Designation of beneficiaries of a certificate or policy issued by a mutual benefit society: those persons entitled under the statutes of descent to the personal estate of the member or insured in the event of his intestacy. 36 Am J2d Frat O § 154. A word of art in a grant or devise, constituting a word of limitation rather than of purchase. 33 Am J1st Life Est § 147; 28 Am J2d Est § 119. Essential at common law to the passing of a fee by deed, such requirement having been eliminated by statute in many jurisdictions. 28 Am J2d Est §§ 14-16. Used as a designation of beneficiaries in a will, the primary significance of the word "heirs" is, in the absence of context to the contrary, the persons who would take the property of the person designated as ancestor in case of his death intestate. Generally speaking, the term, as used in a will, will apply to a gift of personal property notwithstanding the applicable statute of the jurisdiction designates different persons for taking an intestate's personalty from those indicated to take his real property. 57 Am J1st Wills § 1369. The term may be interpreted as the equivalent of "children" or "next of kin," where the context so requires. 33 Am J1st Life Est § 140; 57 Am J1st Wills § 1369. Sufficient as a designation of the beneficiaries of a trust. 54 Am J1st Trusts § 140. See behavior as heir; bodily heirs; co-heir; defect of heirs; fellow-heir; forced heir; heir; illegitimate child; irregular heirs; joint heir; last heir; lawful heirs; lineal heirs; natural heirs; nearest heir; nearest male heir; present heirs; presumptive heir; pretermitted heir; right heirs; unconditional heirs.

Ballentine's law dictionary. . 1998.

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  • heirs and assigns — Words which are used in the habendum clause of a deed and which have a well defined and settled meaning in the law as words apt and appropriate to pass a fee simple absolute, if not followed or accompanied by other modifying words. Jamaica Pond… …   Ballentine's law dictionary

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