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Legal Definitions - descent

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Definition of descent

Definition: Descent refers to the process of acquiring real property by law, such as through inheritance. It is the passing of intestate real property to heirs. It can also refer to the fact or process of originating from a common ancestor.

Examples:

  • When a person dies without a will, their property is distributed through the process of descent to their legal heirs.
  • A family tree shows the descent of a family from their common ancestor.

The first example illustrates how descent is used in the legal context to refer to the passing of property to heirs. The second example shows how descent can refer to the process of originating from a common ancestor, as seen in a family tree.

The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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Simple Definition

Descent: When someone inherits real property (land or buildings) because a family member has passed away without leaving a will, it is called descent. It means that the property is passed down to the deceased person's heirs. Descent can also refer to the process of tracing one's ancestry back to a common ancestor. The opposite of descent is ascent, which means going up or climbing higher.

The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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