Heirs of the body in the context of "Primogeniture"

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⭐ Core Definition: Heirs of the body

In English law, heirs of the body is the principle that certain types of property pass to a descendant of the original holder, recipient or grantee according to a fixed order of kinship. Upon the death of the grantee, a designated inheritance such as a parcel of land, a peerage, or a monarchy, passes automatically to that living, legitimate, natural descendant of the grantee who is most senior in descent according to primogeniture, males being preferred, however, over their sisters regardless of relative age; and thereafter the property continues to pass to subsequent descendants of the grantee, according to the same formula, upon the death of each subsequent heir.

Baronies created by writ of summons to Parliament usually descend to heirs of the body of the grantee, and may thus be inherited by females. By the terms of the Act of Settlement 1701 and the Acts of Union 1707, the Crown of the United Kingdom of Great Britain and Northern Ireland descends to heirs of the body of the Electress Sophia of Hanover who are not Catholics or married to Catholics, subject to subsequent modification by Parliament (e.g. His Majesty's Declaration of Abdication Act 1936 and the Succession to the Crown Act 2013).

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Heirs of the body in the context of Line of hereditary succession

In inheritance, a hereditary successor is a person who inherits an indivisible title or office after the death of the previous title holder. The hereditary line of succession may be limited to heirs of the body, or may pass also to collateral lines, in case of extinction of heirs of the body, depending on the succession rules. These concepts are in use in English inheritance law..

Main concepts for hereditary succession are usually either heir male or heir general – see further primogeniture (agnatic, cognatic, and also equal). "Heir male" is a genealogical term which specifically means "senior male by masculine primogeniture in the legitimate descent of an individual"

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