What is HEIR

At common law . A person who succeeds, by the rules of law, to an estate inlands, tenements, or hereditaments , upon the death of his ancestor, by descent andright of relationship . Hoover v. Smith, 96 Md. 393, 54 Atl. 102; Fletcher v. Holmes, 32Ind. 510; Sewall v. Roberts, 115 Mass. 268; Dodge’s Appeal, 100 Pa. 216. 51 Am. Rep.519; Howell v. Gifford, 64 N. J. Eq. 180. 53 Atl. 1074.The term “heir” has a very different signification at common law from what it has inthose states and countries which have adopted the civil law. In the latter, the term isindiscriminately applied to all persons who are called to the succession, whether by theact of the party or by operation of law . The person who is created universal successorby a will is called the ” testamentary heir;” and the next of kin by bloood is, in cases ofintestacy, called the ” heir at law ,” or “heir by intestacy.” The executor of the commonlaw in many respects corresponds to the testamentary heir of the civil law. Again, theadministrator in many respects corresponds with the heir by intestacy. Ry the commonlaw, executors and administrators have no right except to the personal estate of thedeceased; whereas the heir bv the civil law is authorized to administer both thepersonal and real estate . Story. Confl. Laws,