HER

(5) be made their heir; (qui petit hæreditatem;) an inheritance seeker. Co. Litt. 88 b. HÆREDITAMENTUM. L. Lat. In old English law. A hereditament, (q. v.) Spelman. HÆREDITAS, Hereditas. Lat. [from hæres, an heir; L. Fr. enheritance.] In eivil and old English law. An inheritance; an estate by succession; an estate transmissible by descent. Heræditas alia corporalis, alia incorporalis; one kind of inheritance is corporeal, another incorporeal. Co. Litt. 9. Divisio hæreditatis; the division of an inheritance. Inst. 3. 1. 6. Hereditas occurs in the civil law. Inheritance; hereditary succession. Hereditas nihil aliud est quam successio in universum jus quod defunctus habuit, [habuerit; inheritance is nothing else than succession to the whole right which the deceased had. Dig. 50. 16. 24. Id. 50. 17. 62. Bracton has adopted and amplified this definition of the civil law, in the following terms: Hæreditas est successio in universum jus quod defunctus antecessor habuit, ex quacunque causâ acquisitionis, vel successionis, cum seysina sive sine, &c.; inheritance is the succession to the whole right which the deceased ancestor had, by whatever title of acquisition, or succession, with seisin or without, &c. Bract. fol. 62 b. In feodo et hæreditate; in fee and inheritance. Bract. fol. 207. Hæreditas ab intestato; succession from an intestate. Inst. 2.9.7. Bracton contends that the word hæreditas is not derived from hæres; but that hæres, on the contrary, is from hæreditas. Hæres dicitur ab hæreditate, et non hæreditas ab hærede. Bract. fol. 62 b, 265. Hæreditas nunquam ascendit. Lat. An inheritance never ascends. Glanv. lib. 7, c. 1. 2 Bl. Com. 211. A maxim of feudal origin, and which invariably prevailed in the law of England down to the passage of the statute 3 & 4 Will. IV. c. 106, § 6, by which it was abrogated. 1 Steph. Com. 378. Broom's Max. [400.] See Descent. HÆREDITAS DAMNOSA. See Damnosa hæreditas. HÆREDITAS JACENS. Lat. In civil and common law. A fallen or prostrate inheritance; the inheritance of a person deceased, while it lay unacquired by the heirs; an inheritance before it was entered upon by the heir, (antequam adita fuerit ab hærede.) Bract. fol. 160. Id. fol. 227. An inheritance in abeyance or expectation; lying waiting, as it were, for the heir to take it up; (donec relevetur in manum hæredis.) Co. Litt. 342 b. Bract. fol. 84. Fleta, lib. 3, c. 17, § 1. An inheritance or estate left without a legal owner. 2 Bl. Com. 259. The estate of a person deceased, where the owner left no heirs or legatee to take it, called also caduca; an escheated estate. Cod. 10.10. 1. 4 Kent's Com. 425. HÆREDITAS LUCTUOSA. Lat. In the civil law. A sad or mournful inheritance, or succession; as that of a parent to the estate of a child, which was regarded as disturbing the natural order of mortality, (turbato ordine mortalitatis.) Cod. 6. 25. 9.4 Kent's Com. 397. HÆRERE. Lat. To adhere; to be close or immediately next to. See Hæres. To stop; to go no farther. Qui hæret in litera hæret in cortice. He who stops in the letter, stops in the bark, rind or exterior. Co. Litt. 283 b. He who goes no farther than the letter, stops in the mere exterior covering of the law, without reaching its substance. "Hæret in litera; the objection is hypercritical." Grier, J. 12 Howard's R. 268. To hesitate; to stick; to be in doubt. "In hoc dubio, Bromeley, C. J. hærebat." Dyer, 77. HÆRES, Heres. Lat. [from hærere, to adhere, to be close or next to.] In the commonlaw. An heir; he to whom lands, tenements or hereditaments, by the act of God and right of blood do descend, of some estate of inheritance. Co. Litt. 7 b. See Heir. Hæredem Deus facit, non homo. God makes the heir, not man. Co. Litt. 7 b. Solus Deus hæredem facit. God alone makes the heir. Bract. fol. 62 b. See Fleta, lib. 6, c. 1, § 4. Hæres est nomen collectivum. Heir is a collective name or noun. 1 Ventr. 215. Hæres est nomen juris; filius est nomen naturæ. Heir is a name or term of law; son is a name of nature. Bacon's Max. 52, in reg. 11. Hæres hæredis mei est meus hæres. The heir of my heir is my heir. Wharton's Lex. Hæres est aut jure proprietatis aut jure representationis. An heir is either by right of property, or right of representation. 3 Co. 40 b. According to Lord Coke, the words HÆR HÆR (6) hæreditas and hæres are both derived from ( law, scarcely corresponds with the "heir" hærendo, (adhering,) that is, from closely resting upon; for he who is heir hæret, (adheres, that is, to the ancestor;) or he is so called from hærendo, because the inheritance hæret, adheres to him. (Hæreditas et hæres dicuntur ab hærendo, quod est arcte insidendo, nam qui hæres est, hæret; vel dicitur ab hærendo, quia hæreditas sibi hæret.) Co. Litt. 7 b. This idea of the close connection between heir and ancestor is carried still farther in the following maxims: Hæres est alter ipse, et filius est pars patris. An heir is another self, and a son is part of the father. 3 Co. 12 b, Harbert's case. Hær (17) ing a thief. Fleta, lib. 1, c. 47, § 17. See Hangwite. In some of the United States, (as Virc. 32. He shall be put into prison, and ginia, Kentucky, Tennessee, Mississippi, there abide, &c. Spelman. Missouri, Alabama, and New-York,) the tamentum.] That which may be inherited; HERESY. [from Gr. αιρεσις, a choice.] every thing which passes to the heir by In English law. An offence against religion, consisting not in a total denial of Christianity, but of some of its essential doctrines, publicly and obstinately avowed. 4 Bl. Com. 44, 45. Defined by Sir Matthew Hale, sententia rerum divinarum humano sensu excogitata, palam docta, et pertinaciter defensa; an opinion on divine subjects devised by human reason, openly taught, and obstinately maintained. 1 Hale's P. C. 384. This offence is now subject only to ecclesiastical correction, hereditary right, (omne quod jure hæreditario ad hæredem transeat.) Spelman, voc. Hæreditamentum. This is by far the largest and most comprehensive expression by which things real can be described, as it includes not only lands and tenements, but whatsoever may be inherited, be it corporeal or incorporeal, real, personal or mixed. Co. Litt. 6 a. Shep. Touch. 91. 2 Bl. Com. 17. Thus, an heir-loom, or implement of furniture which by custom descends to the heir, together with a house, is and is no longer punishable by the secular neither land nor tenement, but a mere moveable, yet, being inheritable, is comprised under the general word hereditament; and so a condition, the benefit of which may descend to a man from his ancestor, is also an hereditament. Id. ibid. 3 Co. 2 b, Winchester's case. Hereditament is a word almost as comprehensive as property. 3 Kent's Com. 401. And it is under this term that the subjects of real property have been usually arranged; being divided into corporeal and incorporeal. 1 Steph. Com. 159. 1 Crabb's Real Prop. 2. See Corporeal hereditaments, Incorporeal hereditaments. (20) Fleta, lib. 3, c. 18. Dyer, 199 b. Heriot. See HERIOT, Hariot, Herioth, Hereot. [L. Lat. heriotum, hereotum, hariotum, heriettum; Sax. heregeat, from here, an army, and geat, an expedition.] In Saxon law. A payment or tribute in arms, or military accoutrements, (militaris supellectilis præstatio,) made or due to the lord, on the death of a tenant. Spelman, voc. Hereotum. Lambard, ibid. Called also exercituale, (from exercitus, an army.) Cowell, voc. Exercituale. Thus, by the laws of Canute, the heriot of an earl was fixed at eight horses, four with trappings and four without; four helmets, four coats of mail, eight spears, and as many shields, four swords, and two hundred pieces of gold.

In an indictment for rape the use of this word is sufficient to show that the person alluded to is a female; 54 Ark. 660; but it has been held that in a written instrument the use of the pronoun "his" to designate a person therein named is not conclusive that such person is a male, and parol evidence will be admitted to show that such person is a female; 71 Cal. 38. HERALD (from French hérault). An officer whose business it is to register gene- alogies, adjust ensigns armorial, regulate funerals and coronations, and, anciently, to carry messages between princes and pro- claim war and peace. In England, there are three chief heralds, called kings-at-arms, of whom Garter is the principal, in- stituted by king Henry V., whose office is to attend the knights of the Garter at their solemnities, and to marshal the funerals of the nobility. The next is Clarencieux, instituted by Edward IV., after he be- came duke of Clarence, and whose proper office is to arrange the funerals of all the lesser nobility, knights, and squires on the south side of Trent. The third Norroy (north roy), who has the like office on the north side of Trent. There are, also, six inferior heralds, who were created to attend dukes or great lords in their military expeditions. The office, how- ever, has grown much into disuse, so much falsity and confusion having crept into their records that they are no longer received in evidence in any court of justice. This difficulty was attempted to be rem- edied by a standing order of the house of lords, which requires Garter to deliver to that house an exact pedigree of each peer and his family on the day of his first admission; 3 Bla. Com. 105; Encyc. Brit.

The form of the objective and the possessive case of the personal pronoun she; as, I saw her with her purse out.

Belonging to her (belonging to that female person or animal, or in poetic or old-fashioned language that ship, city, season, etc). | Belonging to a person of unspecified gender (to counterbalance the traditional "his" in this sense).

The form of she used after a preposition, as the object of a verb, or (colloquial) as a subject with a conjunction; that woman, that ship, etc, or (dialect) as a subject without a conjunction.

Honorific alternative letter-case form of her, sometimes used when referring to God or another important figure who is understood from context.