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SUCCESSION Definition & Legal Meaning

Definition & Citations:

In the civil law and in Louisiana. I. The fact of the transmission of the rights, estate, obligations, and charges of a deceased person to his heir or heirs. 2. The right by which the heir can take possession of the decedent’s estate. The right of the heir to step into the place of the deceased, with respect to the possession, control, enjoyment, administration, and settlement of all the latter’s property, rights, obligations, charges, etc. 3. The estate of a deceased person, comprising all kinds of property owned or claimed by him, as well as his debts and obligations, and considered as a legal entity (according to the notion of the Roman law) for certain purposes, such as collecting assets and paying debts. See Davenport v. Adler, 52 La. Ann. 203, 20 South. 830; Adams v. Akerlund, 108 111. 032, 48 N. E. 454; Quarles v. Clayton, 87 Tenn. 308, 10 S. W. 505. 3 L. R. A. 170; State v. Fayne, 129 Mo. 408, 31 S. W. 797, 33 L. R. A. 570; Blake v. McCartney, 3 Fed. Cas. 590; In re Headen’s Estate, 52 Cal. 298. Succession is the transmission of the rights and obligations of the deceased to the heirs. Succession signifies also the estates, rights, and charges which a person leaves after his death, whether the property exceeds the charges or the charges exceed the property, or whether he has only left charges without any property. The succession not only includes the rights and obligations of the deceased as they exist at the time of his death, but all that has accrued thereto since the opening of the succession, as also the new charges to which it becomes subject. Finally, succession signifies also that right by which the heir can take possession of the estate of the deceased, such as it may be. Civ. Code I.a. arts. 871-874. Succession is the coming in of another to take the property of one who dies without disposing of it by will. Civ. Code Cal.


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