DESCENDANT

Definition of DESCENDANT in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.

Definition of DESCENDANT

One who is descended from another; a person who proceeds from the body of another, such as a child, grandchild, etc., to the remotest degree. The term is the opposite of "ascendant," (q. v.) Rasmusson v. Unknown Wife of Hoge, 293 Ill. 101, 127 N.E. 356, 359; State v. Yturria, 204 S.W. 315, 316, 109 Tex. 220, L.R.A. 1918F, 1079. In the plural, the term means offspring or posterity in general; Carter Oil Co. v. Scott, D.C.Okl., 12 F.2d 780, 783. Issue. Burkley v. Burkley, 266 Pa. 338, 109 A. 687, 688; In re Tinker's Estate, 91 Oki. 21, 215 P. 779, 781. Also, all those to whom an estate descends, whether it be in a direct or collateral line from the intestate. Oakley v. Davey, 49 Ohio App. 113, 195 N.E. 406.

One on whom the law has cast the property by descent. Smith v. Thom, 158 Ky. 655, 166 S.W. 182. An heir. Lee v. Roberson, 297 Ill. 321, 130 N.E. 774, 778. In this sense, the term is frequently held to include an adopted child. In re Cadwell's Estate, 26 Wyo. 412, 186 P. 499, 501. For "Family," see that title.

Descendants is a good term of description in a will, and includes all who proceed from the body of the person named; as grandchildren and great-grandchildren. Amb. 397; 2 Hil.Real Prop. 242.

Lineal Descendant

One who is in the line of descent from the ancestor. Green v. Hussey, 228 Mass. 537, 117 N.E. 798. Lawful issue. Sassier v. J. Connelly Const. Co., 227 Mich. 251, 198 N.W. 989, 991. The term may include an adopted child; Denton v. Miller, 110 Kan. 292, 203 P. 693, 694; who is as lawfully in the line of descent as if placed there by birth; Fisher v. Gardnier, 183 Mich. 660, 150 N.W. 358. Contra: State v. Yturria, 109 Tex. 220, 204 S.W. 315, 316, L.R.A.1918F, 1079.

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