Legal Subject: Heir |
Heirs render themselves personally liable for the whole of their ancestor's debts, if they take the inheritance without reservation. For the purpose of inquiring whether the estate is more in value than the debts, they are allowed a year, called the annus deliberandi, after which the superior may compel them either to enter, or a creditor make them liable, or they must renounce the inheritance. (See Title to Land, 4.) An heir may enter cum beneficio inventarii, i.e., he may file an inventory of the estate, and declare that he is to be no further liable for the ancestor's debts than to the value of the estate.
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Durham v. Durham | 24 Nov 1802 | Heir, Succession, Prescription | Thomas Durham, brother of Sarah and Janet Durham, died without issuing any settlement of disposition over the lands of Foulshiells. The lands of Foulshiells belonged formerly to Thomas Hamilton of Boghead, who was the great-grandfather of Thomas, Sarah and Janet Durham. Sarah claimed that she was the only one entitled to inherit the lands before mentioned without division, as heir-female and older sister, in virtue of the language of the old title-deeds. Also, she pointed out that Mr. Hamilton's intention was to transfer the land to anyone called to succeed (heirs in line) without division. He expressly mentioned it in the deed and it had been transferred like that. On the other hand, Janet argued that she had a joint right to the lands before mentioned with her sisters, as heir-portioner. Finally, the Court found that Sarah had the sole right of the lands as the older sister of Thomas. |
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
