Online Encyclopedia

HEIRLOOM

Online Encyclopedia
Originally appearing in Volume V13, Page 217 of the 1911 Encyclopedia Britannica.
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HEIRLOOM  , strictly so called in

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English law, a chattel ("
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loom " meaning originally a tool) which by immemorial usage is regarded as annexed by
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inheritance to a
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family estate . Any owner of such heirloom may dispose of it during his
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life-time, 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
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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
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trust for the person for the time being entitled to the possession 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
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Land Act 1882, be sold under the direction of the court, and the
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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
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historical character, it will have regard to the intention of the settlor and the wishes of the remainder men (Re Hope, De Cello v . Hope, 1899, 2 ch . 679) .

End of Article: HEIRLOOM
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