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Scottish National Dictionary (1700–)

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First published 1960 (SND Vol. V).
This entry has not been updated since then but may contain minor corrections and revisions.

HEIR, n., v.

I. n. Sc. (mainly Sc. Law) phrs.: 1. heir by destination, “the person who is called to succeed failing the person to whom an estate is disponed” (Sc. 1838 Bell Dict. Law Scot. 464), “any heir taking otherwise than by operation of law” (Sc. 1896 W. K. Morton Manual 412). See Destination; 2. heir general, a male or female heir-at-law; †3. heir of conquest, one who succeeds to the deceased in conquest, i.e. lands or heritable rights acquired (not succeeded to) by his immediate predecessor (Sc. 1722 W. Forbes Institute I. ii. 93). See quot. and Conquest; 4. heir of entail, see Tailyie; 5. heir of inventory, an heir, who by virtue of the act of 1695 c. 24 registered an inventory of his ancestor's estates, in cases where the debts were very heavy, and thus limited his liability for those debts to the value of the estate. This was termed entry cum beneficio inventarii. Obs. since 1874. See Erskine Institute iii. viii. § 68; 6. heir of line, the person succeeding by force of law to the property of a deceased person (Sc. 1946 A. D. Gibb Legal Terms 39–40), the heir-at-law; 7. heir of provision, = 1., “one who succeeds in virtue of express provisions as in a settlement” (Sc. 1946 A. D. Gibb Legal Terms 40); 8. heirs' day, the 26th of May (see quot.); 9. heirs in mobilibus, “those entitled to succeed to moveables, including therein, not only the next-of-kin but their representatives, not by statute admitted to the succession” (Sc. 1946 A. D. Gibb Legal Terms 40); 10. heirs-portioner(s), the nearest female relatives of a deceased person among whom his or her heritable estate is divided equally failing male heirs, the eldest son of any of these ranking also as an heir-portioner, if his mother predeceases; 11. heirs whatsoever (Sc. 1754 Erskine Principles III. viii. § 1), — whomsoever (Sc. 1773 Erskine Institute iii. viii. § 4), “heirs of whatever sort, who have a right by the proximity of blood to succeed as heirs, in opposition to the special heirs who are called by destination” (Ib.); 12. to serve heir to, see Serve.2. Sc. 1763 Edb. Museum (Sept.) 411:
Soon after the Duke of Douglas's death, . . . the verdict of a jury was easily obtained, finding and retouring Archibald Stewart to be the heir-general and of line to the Duke, his supposed uncle.Ayr. 1822 Galt Sir A. Wylie cii.:
“I thought,” interrupted Sir Archibald, “that the Craiglands was entailed?” “And so it is,” replied the Laird, “but it's on heirs general, and in the course of nature it will be Mary's.”3. Sc. 1896 W. K. Morton Manual 411:
Heir of conquest. — This was the heir who, on succession opening to collaterals, took conquest as opposed to heritage proper. The immediately elder brother took the former, the immediate younger the latter. The distinction was abolished in 1874.6. Sc. 1709 Compend of Securities 260:
I bind &c. my Heirs, as well Male, Tailzie, Conquest and Provision, as of Line.Sc. 1754 Erskine Principles iii. viii. § 2:
In the succession of heritage, the heirs at law are otherwise called heirs general, heirs whatsoever, or heirs of line; and they succeed by the right of blood.7. Sc. 1709 Compend of Securities 281:
A Precept for infefting the Spouse and the Bairns of the Marriage, which failing the two Bairns &c. was found to constitute the Husband Fiar, the whole Bairns of that Marriage Heirs of Provision jointly.Sc. 1752 J. Spottiswoode Stiles 142:
In favours of B. my Son, and Heirs male . . . which failing, in favours of my other Heirs of Tailie and Provision after mentioned.Sc. 1754 Erskine Principles iii. viii. § 8:
Heirs pointed out in contracts of marriage, or in bonds containing clauses of substitution, are more commonly called heirs of provision.8. Sc. 1948 Scotsman (26 May):
In some parts of Scotland May 26 is still known as Heirs' Day, because of a curious custom connected with the date. It used to be the rule that the first-born of any family, rich or poor, should be given on this day a sum of money, large or small, according to circumstances, by his parents and the other members of the family. This he was supposed to keep for distribution among the poor on the day when he succeeded his father as head of the family.10. Gsw. 1720 Burgh Rec. Gsw. (1909) 91:
The magistrats and toun councill have subscrived ane fewright in favors of Jean Marshall, spouse to Jonathan Bowman, and Alexander Barr, as heirs portioners and representing the deceased John Marshall.Sc. 1751 W. MacFarlane Geneal. Coll. (S.H.S.) II. 500:
Sir John Bisset left three daughters heirs Portioners of Lovat.Sc. 1754 Erskine Principles iii. viii § 5:
In the succession of heirs portioners, indivisible rights, e.g. titles of dignity, fall to the eldest sister.Ayr. 1826 Galt Lairds xxxiv.:
And isna my wife yin o' the heirs-portioners, as ye wad ca't, in law, o' the estate?Sc. 1886 Act 49 and 50 Vict. c. 29 § 19:
The eldest of such heirs portioners shall succeed to the tenancy without division.Sc. 1947 Scotsman (8 July):
The first parties in the case, the nearest lawful heirs portioner in general of the late Robert Sibbald.

II. v. To become heir to; inherit in gen. Gen.Sc.Per. 1753 T. L. K. Oliphant Lairds of Gask (1870) 271:
To be heir'd by the two I love best in the world, & next to them the two Daughters.Abd. 1759 F. Douglas Rural Love 16:
And if I happen first to die, There's nane sall heir me Megg, bat ye.Dmf. 1831 R. Shennan Tales 62:
Bring some weans to heir his farm.Ags. 1887 A. D. Willock Rosetty Ends 40:
She bides wi' a niece, wha, as but richt, will heir a' her bawbees.m.Sc. 1927 J. Buchan Witch Wood xxi.:
The lassie will no doubt heir the place, and it's weel kenned that Sempill has walth o' gear o' his ain.Sc. 1957:
He heired his mither's luiks an his father's natur.