Word needed

James Kushner kushnerj at law.stetson.edu
Mon Feb 21 21:18:22 EST 2005


Hi all!

>There doesn't appear to be a specific word that means
>exactly what you want. But "heir" / "deceased"
>(or "decedent") seems to be the best choice.

That looks about right. My li'l pocket Black's Law Dictionary lists all 
sorts of definitions for "heir" but does not list a specific counterpart. 
The most likely candidates for counterpart are "testator" (which is 
limited, for obvious reasons) and "donor".

Testator works for a will. "Donor" may not be accurate for all situations 
(it means "one who gives something without receiving consideration for the 
transfer", which may not be appropriate if the consideration for the 
bequest actually preceded the drafting of the will), but it probably does 
work well for intestate succession. (Note that the definition of "donor" 
does not include any *intention* to give.)

These terms seem limited to things which are capable of being bequeathed 
voluntarily. Some things pass by operation of law with no choice afforded 
to the would-be "donor" (e.g. the hereditary title of the Earl of 
Featheringstonehaughshire). The title may pass, but it isn't really 
"given," is it? "Predecessor" seems like the most appropriate term for 
those circumstances.

While one may inherit the white stripe in one's beard, it certainly doesn't 
seem as though one is "heir" to those characteristics. The definition of 
"heir" seems to run with the idea of property; characteristics or 
tendencies don't really fit the "heir" model.

Okay, 'nuff o' that.

--James

P.S. The dictionary also includes the term "laughing heir," of which I was 
previously unaware. Has anyone else ever encountered it? Anyone care to 
guess what it means? 





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