heir

▪ I. heir, n.
    (ɛə(r))
    Forms: α. 3–4 eir(e, 3–5 eyr, ayr, 3–7 air, 4 eier, ere, eeyre, 4–5 eyre, 4–6 ayre, aire, are, 5 ayer, 5–6 eyer. β. 4–7 heire, 4– heir (also 4 hair, 4–5 heyr, hayre, 4–6 haire, here, 4–7 heyre, 5 hoir, heyer, 5–7 heier, 6 heyire, hayer, Sc. hear).
    [ME. eir, eyr, etc., a. OF. eir, heir (central Fr. oir, later hoir) later AFr. heyr (Britton) = Pr. her:— late L. hērem (found beside hērēdem) from nom. hēres heir.]
    1. a. The person who is entitled by law to succeed another in the enjoyment of property or rank, upon the death of the latter; one who so succeeds; in general use, one who receives or is entitled to receive property of any kind as the legal representative of a former owner.
    The word is correctly applied to either a male or a female, although, in the latter sense, heiress has been in general use since 17th c. In Law a person is not called an heir to any property until, through the death of its possessor, he becomes entitled to it (nemo est heres viventis). As to the limitations of the word in Common Law and in the Civil Law and systems founded thereon, see quots. 1651, 1861, 1876.

c 1275 Lay. 23115 Þat þe king of Cisille his dead and eyr naueþ he nanne. 1297 R. Glouc. (1724) 469 Henri is eldoste sone, & is eir al so. a 1300 Cursor M. 2565 He þin ere [v.rr. ayr(e] sal noght be. c 1300 Beket 24 For the Princes heir heo was. 13.. E.E. Allit. P. B. 52 To marie his here dere. Ibid. 666 Sende to Sare a soun & an hayre. c 1330 R. Brunne Chron. (1810) 56 Com Edward, Eilred sonne..Right heyre of þe lond. c 1380 Sir Ferumb. 3483 He ys myn ayr after my ded To broke myn heritage. 1382 Wyclif Matt. xxi. 38 This is the eire; cume ȝe, slea we hym. c 1386 Chaucer Man of Law's T. 668 Crist whan him lust may sende me an hair [v.rr. heir(e, haire, eyr]. 1417 Surtees Misc. (1888) 12 Thomas Duffeld sonne and ayre unto Richard Duffeld Esquier. c 1475 Partenay 5554 Disherite shall be your hoires manyfold. 1475 Bk. Noblesse 2 Dame Maude, Emperes, soule doughter and heire to..Henry the first. c 1510 More Picus Wks. 9/1 The heyre of his landes he made the poore people of the hospitall of Florence. 1556 Lauder Tractate 520 The better is ȝouris, Ȝour Hearis, and als ȝour Successouris. 1582–8 Hist. Jas. VI (1804) 200 The aires of the Lord Fleeming..and utheris that were slaine. 1590 Spenser F.Q. i. ii. 23 The onely haire Of a most mighty king. 1634 Sir T. Herbert Trav. 133 Fatima, daughter and heire of their greatest Prophet Mahomet. 1651 G. W. tr. Cowel's Inst. 128 The Civillians and wee have a different acceptation of the word Heire; for they call him an Heir whom the Testator nominates in his Will: And we him, who is next of Kin to the party deceased, to whom a Fee doth of right belong, after the death of the Ancestor. a 1693 Ld. Delamere Wks. (1694) 95 For this word Heir to the Crown was not heard of till Arbitrary Power began to put forth. 1712 Lond. Gaz. No. 5009/4 Sarah Lewis..Heir to the said Rebecca Warren. 1756–7 tr. Keysler's Trav. (1760) III. 53 The heirs of the founder being, by his will, obliged to have it twice a year carefully cleaned. 1767 Blackstone Comm. ii. xiv. 201 An heir..is he upon whom the law casts the estate immediately on the death of the ancestor. Ibid. 208 By law no inheritance can vest, nor can any person be the actual complete heir of another, till the ancestor is previously dead..Before that time the person who is next in the line of succession is called an heir apparent, or heir presumptive. 1828 J. Jekyll Corr. (1894) 177 The prospect..of Lady Ellenborough presenting him with a heir or a heiress. 1841 Elphinstone Hist. Ind. I. 29 On failure of heirs, the property of others escheats to the King. 1861 W. Bell Dict. Law Scotl. s.v., The term heir does not mean merely the heir-at-law; it means also the heir by destination; nor does it mean the heir in heritage only; it is likewise applied to the person who succeeds to the moveable estate. 1876 Digby Real Prop. x. 385 note, The word ‘heir’ in English law has a sense far more limited than the word ‘haeres’ in Roman law. The ‘heir’ is the person on whom the real estate of a deceased intestate devolves. He is opposed to the devisee who is the person to whom real property is left by will, and to the executor or administrator who succeed to the personal estate.

    b. With qualifications:
    heir-at-law: the person who succeeds another by right of blood in the enjoyment of his property; in English law confined to one who has such a right in real property, and distinguished from executors or administrators. heir of blood: see quot. 1658. heir of the body: an heir who is a direct descendant: see body n. 12 b. heir in capite: the heir to land held directly of the sovereign. heir of conquest (Sc. Law): the heir of an ancestor who acquired the estate in question by purchase and not by succession (see conquest n. 6). heir by custom: one who succeeds by virtue of a particular or local custom, e.g. Borough English, under which the youngest son succeeds his father. heir-designate, one who has been designated as a person's heir. heir by destination (Sc. Law): ‘the person who is entitled to succeed, failing the person to whom an estate is disponed’ (Bell Dict. Law Scotl.). heir by devise: ‘he who is made, by will, the testator's heir or devisee, and has no other right or interest than the will gives him’ (Wharton Law Lex.). heir of entail = heir in tail. heir female: an heiress; also an heir (male or female) whose rights are derived through a female or females. heir general = heir-at-law: used to include heirs female as well as heirs male. heir of inheritance: see quot. 1658 s.v. heir of blood. heir of inventory (Sc. Law) = beneficiary heir (see below). heir of line (Sc. Law) = heir-at-law. heir male: an heir who is a male, and who traces his descent from the ancestor in question wholly through males. heir portioner (Sc. Law): see quots. heir of provision = heir by destination. heir presumptive: he who, if the ancestor should die immediately, would be his heir, but whose right of inheritance may be defeated by the contingency of some nearer heir being born. heir special: (a) = heir by custom; (b) one to whom an estate passes by virtue of letters patent or a deed of entail. heir in tail (Sc. heir of entail, heir of tailȝie): the person who succeeds or is entitled to succeed to an entailed estate by virtue of the deed of entail; tenant in tail in remainder. See also heir-apparent.
    beneficiary heir (Sc. Law): an apparent heir in heritage who enters upon his predecessor's estate subject to a formal inventory being made, in order to avoid liability for debts beyond the amount stated in such inventory. collateral heir: see collateral a. 4. conventional heir: one who is entitled by virtue of a contract. forced heir (Civ. Law): a person who cannot be disinherited. last heir: see quot. 1607. right heir = heir-at-law.

1729 Jacob Law Dict. s.v. Discent, If he devise Lands to one who is *Heir at Law, the Devise is void, and he shall take by Discent. 1858 Bright Sp. Reform 27 Oct., If a man received landed property..as heir-at-law it paid no legacy duty.

1853 Bouvier's Law Dict. s.v., *Beneficiary heirs are those who have accepted the succession, under the benefit of an inventory regularly made.

1658 Phillips, *Heire of Blood in Common Law, is he who succeedeth by right of blood in any mans Lands or Tenements in fee, but heir of Inheritance is he that cannot be defeated of his inheritance upon any displeasure.

1439 E.E. Wills (1882) 125 And if he die withouten *heire of his body, then to Rauf his brother, and his issue. a 1626–1788 [see body n. 12 b]. 1883 Wharton's Law Lex. (ed. 7) s.v. Tail, An estate granted to a man and the heirs of his body should descend to the issue.

1839 Keightley Hist. Eng. I. 131 The *heir ‘in capite’, on coming of age was bound to take Knighthood or pay a fine to the King.

1909 Daily Chron. 6 Sept. 3/3 Her relatives, *heirs-designate of Charles Dorrien in the scrap of paper lying in his widow's writing-desk. 1961 B. Fergusson Watery Maze xii. 311 The meeting in Carthage on Christmas Day, with Churchill presiding, and Eisenhower and Wilson as his heir-designate.

1861 W. Bell Dict. Law Scotl. 806/2 An *heir of entail in possession was empowered to disentail the estate.

c 1575 Balfour's Practicks (1754) 227 Ane *air mail or female may enter to his blanch landis at ony time. 1611 Cotgr., Hoir de quenouille, an inheritrix, heire female, daughter and heire. a 1674 Clarendon Hist. Reb. xiv. §113 Having lately fallen to Heirs Females.

1491 Act 7 Hen. VII, c. 15 She was *heire generall to John Mountagu late Erle of Salesbury. c 1575 Balfour's Practicks (1754) 232 The ȝounger brother⁓german..sould be servit and retourit air general or universal to him, and not the elder. a 1715 Burnet Own Time I. 458 In England, Spain and Sweeden, the heir general did succeed: whereas it was only the heir male in France and Germany. 1791 Boswell Johnson Jan. an. 1776, My father had declared a predilection for heirs-general, that is, males and females indiscriminately. 1873 Dixon Two Queens IV. xix. v. 31 All parties in the suit..should know which lands were settled on the heirs male, which on the heirs general.

1607 Cowell Interpr. (1672), *Last heyre..Is he to whom Land comes by Escheat, for want of lawful Heirs, that is, the Lord of whom they held in some cases, but in others the King.

c 1575 Balfour's Practicks (1754) 325 The *airis of line..sould be first warnit and discussit..befoir the airis of tailȝie. 1888 Miss Lee Imperf. Gentl. I. 59 John Scudamore, heir of line of that Sir Alan Scudamore..who married Joan.

1375 Barbour Bruce xx. 130 Ȝif it fell that his sone davy Deit but [= without] *air male of his body Gottyn. 1463 Bury Wills (Camden) 24 To him and to his eyris male. 1697 Luttrell Brief Rel. (1857) IV. 172 He cutting of the entail from the heirs males. 1814 Scott Wav. lxiv, From a romantic idea of not prejudicing this young man's right as heir-male.

1655 in Z. Boyd Zion's Flowers (1855) App. 29/2 The *Airs portioners of umquhile Mr. Zacharie Boyd. 1838 Erskine's Inst. Law Scotl. 834 Each heir-portioner has an equal interest in the succession, in so far as it is divisable.

1628 Sir R. Le Grys tr. Barclay's Argenis 334 The souldier..with a new oath bound himselfe to the *presumptiue heir. 1683 Brit. Spec. 272 Apparent (or according to the new-coyned Distinction, Presumptive) Heir of the Crown is His Royal Highness James [etc.] 1875 Stubbs Const. Hist. III. xviii. 202 The duke of Clarence, the heir-presumptive to the throne. [c 1180 Glanvill ix. i, Recipere homagium recti heredis.]

c 1330 R. Brunne Chron. (1810) 56 Hardeknoute's broþer on his moder side, *Right heyre of þe lond. 1411 in E.E. Wills (1882) 20 And for defawte of issue of þe forseyd William, y wille þat þe remaynder be to my ryte heirs. 1628 Coke On Litt. 8 b, For the benefit and safety of right heires.

1872 Spectator 21 Sept. 1203 Laissez-faire management, supineness because of the interest of the *heir-in-tail.

c 1575 Balfour's Practicks (1754) 325 The *airis of tailȝie may be callit and persewit in supplement. 1685 Sc. Acts Jas. II, c. 26 It shall not be Lawfull to the Airs of Tailȝie to sell annalȝie or Dispone the said Lands.

    2. transf. One who possesses, or is entitled at some future time to possess, any gift, endowment, or quality in succession to another. The idea of succession is very often lost, so that the word frequently means little more than one to whom something (e.g. joy, punishment, etc.) is morally due.

a 1300 Cursor Mundi 23555 For þai ar airs al wit[h] crist. 1426 Audelay Poems 12 Ayres of heven blys. 1548–9 (Mar.) Bk. Com. Prayer, Priv. Bapt., By the lauer of regeneracion in Baptisme, made the childe of God, and heire of euer⁓lastyng life. 1602 Shakes. Ham. iii. i. 63 The Heart-ake, and the thousand Naturall shockes That Flesh is heyre too. 1703 Pope Thebais 31 Thou, great Heir of all thy father's fame. 1820 Byron Mar. Fal. iv. ii. 314 Such examples will find heirs. 1836 J. Gilbert Chr. Atonem. i. (1852) 19 Before the first born of the human race became the heir of failure and of its bitter fruits. 1842 Tennyson Locksley Hall 178, I the heir of all the ages, in the foremost files of time. 1873 Hamerton Intell. Life vii. v. (1876) 250 Heirs of a nobility of spirit.

    † 3. fig. That which is begotten; offspring; product. Obs.

1413 Pilgr. Sowle (Caxton) i. xv. (1859) 12, I am adredde lest charyte be dede, withouten heyer, or yssue of hir seed. 1593 Shakes. Ven. & Ad. Ded., Dedicating my unpolishd lines to your Lordship..But if the first heire of my inuention proue deformed, I shall be sorry it had so noble a God-Father.

▪ II. heir, v.
    [f. prec. n.]
    a. trans. To inherit; to be heir to (a thing or person); to acquire by inheritance or succession.

c 1330 R. Brunne Chron. Wace (Rolls) 13483 Þey wonne þe londes þat we now heyre. c 1611 Chapman Iliad v. 161 Not one son more To heir his goods. 1639 G. Daniel Ecclus. xl. 49 His Children shall but heir him; vnto them Shall be noe Sons. 1703 Pope Thebais 544 Two fair daughters heir'd his state and throne. 1813 Scott Trierm. ii. xvii, She is the loveliest maid, beside, That ever heir'd a crown. 1867 J. B. Rose æneid 13 Pygmalion, her brother, heired the throne.

fig. c 1611 Chapman Iliad To Rdr. 149 No tongue hath the Muse's utterance heir'd. 1715–20 Pope Iliad xvi. 223 The son confess'd his father's heavenly race, And heir'd his mother's swiftness in the chase.

    b. intr. To inherit. rare.

1900 J. Hastings Dict. of Bible III. 270 The younger brother, instead of himself heiring, raises up heirs to the deceased.

▪ III. heir, -e
    obs. ff. hair, haire, her n., here n., here adv., higher.

Oxford English Dictionary