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Legal Definitions - last heir

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Definition of last heir

In historical legal contexts, the term last heir refers to the entity—either the lord of a manor or the ruling sovereign—who would legally acquire land when its owner died without any recognized legal heirs. This process, known as escheat, meant the property reverted to the superior authority because there was no one else entitled to inherit it under the law.

  • Example 1: A Feudal Lord's Claim

    Imagine a medieval village where a tenant farmer, who held his land from the local baron, passes away. He had no wife, children, siblings, or any other relatives recognized by law to inherit his property. In this scenario, the baron, as the lord of the manor, would be considered the last heir. The land would then revert to the baron's control through the process of escheat, as there was no lawful successor to inherit it.

  • Example 2: The Sovereign's Reversion

    Consider a wealthy noble family in 17th-century England that owned vast estates directly from the Crown. If the last surviving member of this family died without any legitimate descendants or other legal claimants to their title and lands, the Crown (the reigning King or Queen) would become the last heir. The family's estates would then legally revert to the sovereign, increasing the royal demesne, because no other lawful heir existed to inherit them.

Simple Definition

Historically, the "last heir" referred to the lord of the manor or the sovereign. This was the entity that received land through escheat when a deceased person had no lawful heirs to inherit the property.

The difference between ordinary and extraordinary is practice.

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