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Encyclopedia > Heirloom (law)

Heirloom, strictly so called in English law, a chattel (loom meaning originally a tool) which by immemorial usage is regarded as annexed by inheritance to a family estate. English law is the law of England and Wales, rather than Scotland and Northern Ireland. ... Personal property is a type of property. ... For other uses, see inheritance (disambiguation). ...


Any owner of such heirloom may dispose of it during his lifetime, but he cannot bequeath it by will away from the estate. If he dies intestate it goes to his heir-at-law, and if he devises the estate it goes to the devisee. At the present time such heirlooms are almost unknown, and the word has acquired a secondary ,and popular meaning and is applied to furniture, pictures, etc., vested in trustees to hold on trust for the person for the time being entitled to the possessicn of a settled house. Such things are more properly called settled chattels.


An heirloom in the strict sense is made by family custom, not by settlement. A settled chattel may, under the Settled Land Act 1882, be sold under the direction of the court, and the money arising under such sale is capital money. The court will only sanction such a sale if it be shown that it is to the benefit of all parties concerned; and if the article proposed to be sold is of unique or historical character, it will have regard to the intention of the settlor and the wishes of the remainder men (Re Hope, Dr Cello v. Hope, 1899, 2 ch. 679).


This article incorporates text from the 1911 Encyclopædia Britannica, which is in the public domain. Supporters contend that the Eleventh Edition of the Encyclopædia Britannica (1910-1911) represents the sum of human knowledge at the beginning of the 20th century; indeed, it was advertised as such. ... The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ...


  Results from FactBites:
 
Heirloom - Wikipedia, the free encyclopedia (135 words)
An heirloom in general is any old item or antique passed down from one generation to another.
In English law, an heirloom is an item which may not be separated from an estate in inheritance.
In gardening and agriculture, an heirloom plant is an open-pollinated cultivar that was commonly grown long ago, but has been largely supplanted in modern times.
Heirloom (law) - Wikipedia, the free encyclopedia (209 words)
Heirloom, strictly so called in English law, a chattel (loom meaning originally a tool) which by immemorial usage is regarded as annexed by inheritance to a family estate.
At the present time such heirlooms are almost unknown, and the word has acquired a secondary,and popular meaning and is applied to furniture, pictures, etc., vested in trustees to hold on trust for the person for the time being entitled to the possessicn of a settled house.
An heirloom in the strict sense is made by family custom, not by settlement.
  More results at FactBites »


 

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