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HEIRLOOM , strictly so called in See also: English See also: law, a See also: chattel (" See also: loom " meaning originally a tool) which by immemorial usage is regarded as annexed by See also: inheritance to a See also: family estate
.
Any owner of such heirloom may dispose of it during his See also: life-See also: time, but he cannot bequeath it by will away from the estate
.
If he See also: dies intestate it goes to his heir-at-law, and if he devises the estate it goes to the devisee
.
At the See also: present time such heirlooms are almost unknown, and the word has acquired a secondary . and popular meaning and is applied to furniture, pictures, &c., vested in trustees to hold on See also: trust for the See also: person for the time being entitled to the possession of a settled See also: house
.
Such things are more properly called settled chattels
.
An heirloom in the strict sense is made by family See also: custom, not by See also: settlement
.
A settled chattel may, under the Settled See also: Land See also: Act 1882, be sold under the direction of the See also: court, and the See also: 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 See also: historical character, it will have regard to the intention of the settlor and the wishes of the See also: remainder men (Re Hope, De Cello v
.
Hope, 1899, 2 ch
.
679)
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