Also known as: succeed · succeeds · succeeded · succeeding · successio · successions · successor · successors · successorship
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The acquisition of rights or property by inheritance under the laws of descent and distribution. A transfer occurs by operation of law when a designated ancestor dies intestate, with class members receiving shares determined by the applicable intestate succession rules at the time the interest takes effect in possession.
The acquisition of rights or property by inheritance under the laws of descent and distribution. A transfer occurs by operation of law when a designated ancestor dies intestate, with class members receiving shares determined by the applicable intestate succession rules at the time the interest takes effect in possession.
Sierra Santos inherited land from her uncle and sought an interlocutory injunction to halt a neighbor's ongoing trespass that threatened the property's value. The court weighed the probability that Sierra would succeed on the merits of her trespass claim along with the extent of irreparable harm and the public interest before granting relief.
The act or right of legally taking over a predecessor's office, rank, or duties. A corporation possesses perpetual succession in its corporate name, and procedural rules automatically substitute a successor when a party dies, resigns, or ceases to hold office.
Santiago Sanchez and his co-owner each controlled fifty percent of Sterling Dynamics shares. For two consecutive annual meetings they blocked election of successor directors, leaving the board deadlocked and the corporation unable to act. The court ordered dissolution under the statutory deadlock provision.
The act or right of legally taking over a predecessor's office, rank, or duties. A corporation possesses perpetual succession in its corporate name, and procedural rules automatically substitute a successor when a party dies, resigns, or ceases to hold office.
Each sense below has its own examples, sources, and questions.
Scott Summers left a class gift of farmland to his descendants without specifying distribution method. When the interest took effect, the living descendants received shares matching the proportions they would have taken under intestate succession if Scott had died owning the land at that moment.
Steven Silva urged an undercover officer to murder a rival, believing the officer could carry out the crime. Even though the officer could never actually succeed, the common-law solicitation charge proceeded because culpability is measured by the circumstances Steven believed to exist.
Sofia Stern died without a will, so her ranch passed directly to her heirs by operation of law under the statute of descent and distribution. No deed from Sofia was required. The heirs later recorded an affidavit of heirship to perfect marketable title.
Sarah Sullivan died owning real property in another state. A court applying conflict-of-law rules referred to the totality of the law, including choice-of-law rules, of the situs state to determine how the property passed by succession to her heirs.
The property passes to class members living when the interest takes effect in possession, in the shares they would receive if the designated ancestor had died intestate owning the subject matter at that time.
The reference is to the totality of the law, including choice-of-law rules, of the state where the immovable is located so that the forum reaches the same result a court of that state would reach.
No. Culpability is measured by the circumstances the solicitor believed to exist, so the charge proceeds even when success was factually impossible.
Dissolution is available when shareholders are evenly divided in voting power and have failed for a period covering at least two consecutive annual meetings to elect successors to directors whose terms have expired.
…and responsibilities. These aspects of marital status include: taxation; inheritance and property rights; rules of intestate succession; spousal privilege in the law of evidence; hospital access; medical decisionmaking authority; adoption rights; the rights and benefits of survivors; birth and death certificates;…