ANCESTOR - Black's Law Dictionary

What is ANCESTOR? Definition of ANCESTOR in Black's Law Dictionary

One from whom a person lineally descended or may be descended; a progenitor. Russell v. Roberts, 54 Ohio App. 441, 7 N.E.2d 811, 814.

A former possessor; the person last seised. Termes de la Ley; 2 Bl.Comm. 201. A deceased person from whom another has inherited land. Bailey v. Bailey, 25 Mich. 185; McCarthy v. Marsh, 5 N.Y. 275.

For example, a child may be the "ancestor" of his parent, and an infant brother, the "ancestor" of an adult brother. Embraces collaterals as well as lineals. Purcell v. Sewell, 223 Ala. 73, 134 So. 476, 480. Correlative of "heir." In re Long's Estate, 180 Okl. 28, 67 P.2d 41, 43, 110 A.L.R. 1002.

The term differs from "predecessor," in that it is applied to a natural person and his progenitors, while the latter is applied also to a corporation and those who have held offices before those who now fill them. Co. Litt. 78b. "Ancestor" may embrace both lineals and collaterals, Cornell v. Child, 170 App.Div. 240, 156 N.Y.S. 449, 452, or both testator and testatrix, Pfaffenberger v. Pfaffenberger, 189 Ind. 507, 127 N.E. 766, 767; it may also be limited to mean immediate ancestor, In re Simpson's Estate, Sur., 144 N.Y.S. 1099, 1101.


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