legal heirs

legal heirs
Essentially the same as heirs, but sometimes subject to construction, as where the term appears in a will. Those persons on whom the law passes the descent of real estate or admits to participate in the distribution of personalty, except as a contrary intention appears in the context of the will in which the clause appears. 57 Am J1st Wills § 1371. Ordinarily a term of art, constituting words of limitation. 28 Am J2d Est § 15. Sometimes construed as words of purchase, 28 Am J2d Est § 118, as where deemed synonymous with "children." 28 Am J2d Est § 118. In one sense, legal representatives. Where a testator directed a sum of money to be "equally divided among all my children, or their legal heirs," the words "or their legal heirs" were held to be used, not to individuate grandchildren, but to supply a legal succession in the event of the death of anyone, and to mean simply legal representatives; that is, in case of the death of one of the children, his share would not go to the survivors, but would be considered as vested in the deceased child. Reed's Appeal, 118 Pa 215, 11 A 787.

Ballentine's law dictionary. . 1998.

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