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Encyclopedia Britannica



HEIRLOOM

This article appears in Volume V13, Page 217 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: HEG-HIG
HEIRLOOM , strictly so called in English law, a chattel (" loom " meaning originally a
tool
 ) which by immemorial usage is regarded as annexed by
inheritance
  to a family estate. Any owner of such heirloom may dispose of it during his 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 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 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 Land Act 1882, be sold under the direction of the
court
 , and the 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 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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