Hereditary succession. Succession to the ownership of an estate by inheritance,or by any act of law, as distinguished from “purchase.” Title by descent is thetitle by which one person, upon the death of another, acquires the real estate of thelatter as his heir at law. 2 Bl. Comm. 201; Com. Dig. “Descent” A; Adams v. Akerlund,168 111. 632, 48 N. E. 454; Starr v. Hamilton, 22 Fed. Cas. 1,107; In re Donahue’sEstate, 36 Cal. 332; Shippen v. Izard, 1 Serg. & R. (Pa.) 224; Brower v. Hunt, 18 OhioSt. 338; Allen v. Bland, 134 Ind. 78, 33 N. E. 774.Classification. Descents are of two sorts, lineal and collateral. Lineal descent isdescent in a direct or right line, as from father or grandfather to son or grandson.Collateral descent is descent in a collateral or oblique line, that is, up to the commonancestor and then down from him, as from brother to brother, or between cousins.Levy v. McCartee, 6 Pet. 112, 8 L. Ed. 334. They are also distinguished into mediateand immediate descents. But these terms are used in different senses. A descent maybe said to be a mediate or immediate descent of the estate or right; or it may be said tobe mediate or immediate, in regard to the mediateness or immediateness of thepedigree or consanguinity. Thus, a descent from the grandfather, who dies inpossession, to the grandchild, the father being then dead, or from the uncle to thenephew, the brother being dead, is, in the for mer sense, in law, immediate descent,although the one is collateral and the other lineal; for the heir is in the per, and not inthe per and cui. On the other hand, with reference to the line of pedigree orconsanguinity, a descent is often said to be immediate, when the ancestor from whomthe party derives his blood is immediate, and without any intervening link or degrees;and mediate, when the kindred is derived from him mcdiante altero, another ancestorintervening between them. Thus a descent in lineals from father to son is in this senseimmediate ; but a descent from grandfather to grandson, the father being dead, orfrom uncle to nephew, the brother being dead, is deemed mediate; the father and thebrother being, in these latter cases, the medium dcfei-cns. as it is called, of the descentor consanguinity. Levy v. McCartee, 6 Pet. 112, 8 L. Ed. 334; Furenes v. Mickelson, 86Iowa. 508, 53 N. W. 416; Garner v. Wood, 71 Md. 37, 17 Atl. 1031.Descent was denoted, in the Roman law, by the term “successio,” which is also usedby Bracton, and from which has been derived the succession of the Scotch and Frenchjurisprudence.
What is DESCENT?
Featuring Black’s Law Dictionary
Nothing implied or stated on this page should be construed to be legal, tax, or professional advice. The Law Dictionary is not a law firm and this page should not be interpreted as creating an attorney-client or legal adviser relationship. For questions regarding your specific situation, please consult a qualified attorney.
- Is Giuliani Facing Being Disbarred?
- Biden’s Newly-Threatened Impeachment… Wait, What?
- Trump Refusing To Pay Lawyer Rudy Giuliani
- Trump Is – Officially – The First President To Be Impeached Twice
- Trump Plans To Run 2024, But Can He Pardon Himself?
- Will Trump Get Indicted Or Impeached (Round 2)
- What Happened At Capitol Hill: A Blow-By-Blow
- Why People Marched On Capitol Hill: A Blow-By-Blow
- Suing Your Landlord: How, When, Why, & Should You Bother?
- Drug Decriminalization Laws Setup For Rehaul Throughout US
- Best Way to Find Someone in Jail for Free
- What Is A Police Welfare Check?
- How Do You Look up License Plate Numbers?
- Best Way To Run A Free Arrest Warrant Check
- Signing a Letter on Someone Else’s Behalf
- Best Way to Write a Professional Letter to a Judge
- How To Find A Name & Address Using A License Plate Number
- How To Find An Inmate’s Release Date
- How to Transfer a Car Title When The Owner Is Deceased
- What Rights Do Convicted Felons Lose?