Lawful Heirs

Lawful heirs are those persons upon whom the descent of real property is cast upon the death of the owner intestate. The lawful heirs who are to take under an executory limitation in a will refers to the children of testator living at the time of his death. [White v. Inman, 212 Miss. 237 (Miss. 1951)].

The terms “lawful heirs”, “right heirs”, and “heirs at law” are synonymous; their signification is fixed by law; and when they are used in deed or will without any superadded words or phrases, indicating a different meaning they are always understood to be used according to their legal acceptation. [Darrow v. Moore, 163 Miss. 705 (Miss. 1932)].

Category: Heirs