Legal Definitions - de morte antecessoris

De morte antecessoris is a Latin legal phrase that translates to "concerning the death of the ancestor." In Scots law, this term refers to the basis of a legal action, historically called the brieve of mortancestry, which allowed an heir to claim land inherited from a deceased ancestor.

De Morte Antecessoris

This Latin legal phrase, historically used in Scots law, translates to "concerning the death of the ancestor." It refers to legal actions or proceedings that were initiated to establish rights, particularly regarding property or inheritance, based on the passing of a predecessor.

Here are some examples illustrating how this concept would apply:

• Imagine a situation in 17th-century Scotland where a man named Alistair claimed ownership of a parcel of land. His claim was based on the fact that his father, who had legally owned the land, had recently passed away. To formally establish his right to the property, Alistair would have initiated a legal process that revolved de morte antecessoris – meaning the entire legal inquiry and proof would center on the fact and circumstances of his father's death, and his direct lineage, to validate his inheritance.

• Consider a noble family where a barony and its associated feudal rights were passed down through generations. If the current baron died without a direct male heir, and a distant cousin, Ewan, believed he was the rightful successor based on an older lineage, Ewan would have to bring a legal action. This action would be fundamentally de morte antecessoris, as it would require proving the death of the previous baron and establishing Ewan's legitimate claim through a detailed examination of the family tree and succession laws following that death.

• In a scenario where a wealthy merchant died intestate (without a will), leaving behind several properties and assets. His nephew, Lachlan, and his niece, Isla, both claimed to be the rightful heirs. The legal dispute that ensued would be conducted de morte antecessoris. The court's proceedings would focus on the fact of the merchant's death, the absence of a will, and then meticulously examine the familial relationships and legal precedents concerning inheritance after the death of an ancestor to determine who had the stronger claim to the estate.