Legal Definitions - heir portioner

Definition: An heir portioner is a person who inherits a portion of a decedent's estate, usually in the absence of male heirs. In Scottish law, it refers to one of two or more female heirs who inherit equal shares of an estate. It can also refer to the proprietor of a small fee or a minister who serves a benefice with others.

• When their father passed away, the three sisters became heir portioners of his estate, each receiving an equal share.
• In the absence of any male heirs, Mary and Jane became heir portioners of their grandfather's estate, each receiving half of it.
• John was a portioner of a small fee, which meant he owned only a portion of the land.
• The portioner of the tithes was responsible for collecting and distributing a portion of the church's income.

These examples illustrate how an heir portioner can inherit a portion of an estate, either as a female heir or as the proprietor of a small fee. In the case of a minister serving a benefice with others, they may be called a portioner because they only receive a portion of the tithes or allowance that a vicar commonly has out of a rectory or impropriation.