Executors and administrators afford the chief, if not the only,
example of universal succession in the English [346] law. But
although they succeed per universitatem, as has been explained,
they do not succeed to all kinds of property. The personal estate
goes to them, but land takes another course. All real estate not
disposed of by will goes to the heir, and the rules of
inheritance are quite distinct from those which govern the
distribution of chattels. Accordingly, the question arises
whether the English heir or successor to real estate presents the
same analogies to the Roman heres as the executor.
The English heir is not a universal successor. Each and every
parcel of land descends as a separate and specific thing.
Nevertheless, in his narrower sphere he unquestionably represents
the person of his ancestor. Different opinions have been held as
to whether the same thing was true in early German law. Dr.
Laband says that it was; /1/ Sohm takes the opposite view. /2/ It
is commonly supposed that family ownership, at least of land,
came before that of individuals in the German tribes, and it has
been shown how naturally representation followed from a similar
state of things in Rome. But it is needless to consider whether
our law on this subject is of German or Roman origin, as the
principle of identification has clearly prevailed from the time
of Glanvill to the present day. If it was not known to the
Germans, it is plainly accounted for by the influence of the
Roman law. If there was anything of the sort in the Salic law, it
was no doubt due to natural causes similar to those which gave
rise to the principle at Rome. But in either event I cannot doubt
that the modern doctrine has taken a good deal of its form, and
perhaps some of its substance, from the mature system [347] of
the civilians, in whose language it was so long expressed. For
the same reasons that have just been mentioned, it is also
needless to weigh the evidence of the Anglo-Saxon sources,
although it seems tolerably clear from several passages in the
laws that there was some identification. /1/
As late as Bracton, two centuries after the Norman conquest, the
heir was not the successor to lands alone, but represented his
ancestor in a much more general sense, as will be seen directly.
The office of executor, in the sense of heir, was unknown to the
Anglo-Saxons, /2/ and even in Bracton's time does not seem to
have been what it has since become. There is, therefore, no need
to go back further than to the early Norman period, after the
appointment of executors had become common, and the heir was more
nearly what he is now.
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