For heraldic purposes it therefore becomes necessary to define the terms heir and heiress. It is very essential that the point should be thoroughly understood, because quarterings other than those of augmentation can only be inherited from or through female ancestors who are in themselves heirs or coheirs (this is the true term, or, rather, the ancient term, though they are now usually referred to colloquially as heiresses or coheiresses) in blood, or whose issue subsequently become in a later generation the representatives of any ancestor in the male line of that female ancestor. A woman is an "heir" or "heiress" (1) if she is an only child; (2) if all her brothers die without leaving any issue to survive, either male or female; (3) she becomes an heiress "in her issue," as it is termed, if she die leaving issue herself if and when all the descendants male and female of her brothers become absolutely extinct. The term "coheir" or "coheiress" is employed in cases similar to the foregoing when, instead of one daughter, there are two or more.
No person can be "heir" or "coheir" of another person until the latter is dead, though he or she may be heir-apparent or heir-presumptive. Though the word "heir" is frequently used with regard to material matters, such usage is really there incorrect, except in cases of intestacy. A person benefiting under a will is a legatee of money, or a devisee of land, and not an heir to either. The table on page [527] may make things a little clearer, but in the following remarks intestacy is ignored, and the explanations apply solely to heirship of blood.
Charles in the accompanying pedigree is, after 1800, heir of David. Thomas is heir-apparent of Charles, being a son and the eldest born. He dies v.p. (vita patris, i.e. in the lifetime of his father) and never becomes heir. A daughter can never become an heir-apparent, as there is always, during the lifetime of her father, the possibility of a son being born. Mary, Ellen, and Blanche are coheirs of Thomas their father, whom they survive, and they are also coheirs of their grandfather Charles, to whom they succeed, and they would properly in a pedigree be described as both. They are heirs-general of Thomas, Charles, and David, and, being the heirs of the senior line, they are heirs-general or coheirs-general of their house. David being possessed of the barony "by writ" of Cilfowyr, it would "fall into abeyance" at the death of Charles between the three daughters equally.
| David Cilfowyr, created Duke of London in the Peerage of the United Kingdom, remainder to him and the heirs male of his body, was Earl of Edinburgh in the Peerage of Scotland (with remainder to his heirs), and Lord Cilfowyr by writ in the Peerage of England (with remainder to his heirs-general). Died 1800. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Charles Cilfowyr, elder son and heir; head of his house, Duke of London, Earl of Edinburgh, and Lord Cilfowyr. Died 1840. | Owen Cilfowyr, Esq., commonly called Lord Owen Cilfowyr by courtesy. Died 1870. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Robert Cilfowyr, Esq., eldest son, becomes heir male of his house in 1880 at the death of George, and as such succeeds as Duke of London. Died 1896. | Philip Cilfowyr, Esq., second son. Died 1879. | Cecil Cilfowyr, Esq., third son. When his brother succeeds in 1880 as Duke of London he petitions the Queen for that style and precedence which he would have enjoyed had his father lived to inherit the Dukedom. His petition being granted, he becomes by courtesy Lord Cecil Cilfowyr, until he succeeds in 1896, at the death of his brother, to the Dukedom of London. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Ada, only child, has no courtesy title. Living in 1900. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Harriet Cilfowyr, only child, by courtesy after 1880 Lady Harriet Cilfowyr. Died 1897. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Thomas Cilfowyr, Esq., eldest son and heir-apparent, styled Earl of Edinburgh by courtesy. Died v.p. 1830, so never succeeds. | Edmond Cilfowyr, Esq., second son, styled by courtesy courtesy Lord Edmond Cilfowyr until 1840, when he succeeds as Duke of London. Died 1850. | John Cilfowyr, Esq., third son, styled by courtesy Lord John Cilfowyr until 1850, when he succeeds as Duke of London. London. Died 1870. | = | Edith Torkington, succeeds in 1861 as suo jure Baroness Neville by writ in England, and Countess of Torkington (to herself and her heirs) in Scotland. Died 1862. | Irene Cilfowyr, styled by courtesy as Lady Irene Cilfowr Living 1900. | Isabel Cilfowyr, styled by courtesy as Lady Isabel Cilfowyr. Living 1900. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Mary Cilfowyr, Countess of Edinburgh. Living 1900. Heir of Line. | Ellen Cilfowyr, styled by courtesy Lady Ellen Cilfowyr. Living 1900. | Blanche Cilfowyr, styled by courtesy Lady Blanche Cilfowyr. Living 1900. | Grace Cilfowyr, styled by courtesy Lady Grace Cilfowyr, elder dau. Living 1900. | Muriel Cilfowyr, styled by courtesy Lady Muriel Cilfowyr. Living 1900. | George Cilfowyr, Esq., only son, and so styled until 1850, when his father succeeds as Duke of London. As son of a Duke he then becomes by courtesy Lord George Cilfowyr, and this is his proper description, because his father has no minor title which he could assume. | Alice Cilfowyr, styled by courtesy Lady Alice Cilfowyr until 1885, when she succeeds as Countess of Torkington. Died 1887, s.p. | Annie Cilfowyr, styled by courtesy Lady Annie Cilfowyr and Lady Annie Sherwin. Died 1870. | = | Reginald Sherwin. Died 1872. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
 The Barony of Cilfowyr falls into abeyance between these three equally. In Scottish phraseology they are termed heirs portioners. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| But by a quite modern custom which has sprung up of late years he would very probably call himself "Lord Cilfowyr." In 1861 his mother succeeds in her own right to two titles, and by courtesy he would thenceforward be styled by her minor title as Lord Neville until her death in 1862, when he becomes Earl of Torkington in his own right and also Lord Neville. At his father's death in 1870 he becomes Duke of London. Died 1880. | Arthur Sherwin, only son and heir, succeeds as Earl of Torkington and Lord Neville in 1887, at the death of his aunt. Died 1888. | Lilian Sherwin, only daughter, known as Lady Lilian Sherwin until 1896, when she succeeds as Countess of Torkington and Baroness Neville. Living 1900. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Dorothy Cilfowyr, styled Lady Dorothy Cilfowyr until 1880, when she becomes suo jure Countess of Torkington and Baroness Neville. Died s.p. 1885. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Maria Sherwin, called by courtesy Lady Maria Sherwin, succeeds in 1888 as Countess of Torkington and senior coheir to the Barony of Neville, which falls into abeyance between herself and her sisters. The Queen determines the abeyance in her favour, and she consequently becomes also Baroness Neville. Died s.p. 1889. | Jane Sherwin, by courtesy Lady Jane Sherwin, succeeds as Countess of Torkington in 1889, but the Barony of Neville again falls into abeyance between herself and her younger sister. Died s.p. 1890. | Hannah Sherwin, called by courtesy Lady Hannah Sherwin. She succeeds in 1890 as sole heir of her father, and consequently the abeyance determines of itself, and she becomes both Countess of Torkington and Baroness Neville. Died s.p. 1896. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
In Scotland Mary, Ellen, and Blanche would be termed "heirs portioners," and Mary, being an heiress and the eldest born in the direct and senior line, would be termed the "heir of line." David being possessed of an ancient Scottish peerage not limited to males (the Earldom of Edinburgh), Mary, the heir of line, would at once succeed in her own right as Countess of Edinburgh on the death of her grandfather Charles. If the family were an untitled Scottish family entitled to supporters, these would descend to Mary unless they had been specifically granted with some other limitation.
At the death of Thomas in 1830 Edmond becomes heir male apparent, and at the death of his father in 1840 Edmond becomes heir male of his house until his death. David having been created a peer (Duke of London) with remainder to the heirs male of his body, Edmond succeeded as Duke of London at the death of Charles in 1840. Grace and Muriel are coheirs of Edmond after his death. They are not either coheirs or heirs-general of Charles, in spite of the fact that their father was his heir male. At the death of Charles in 1840, when Edmond succeeded as heir male, John succeeded as heir male presumptive to Edmond. He was not heir-apparent, because a son might at any moment have been born to Edmond. An heir-apparent and an heir-presumptive cannot exist at the same time, for whilst there is an heir-apparent there cannot be an heir-presumptive. John succeeded as heir male of his house, and therefore as Duke of London, in 1850, at the death of his elder brother Edmond; but, though John was the "heir male" of his said elder brother, he was not his "heir" (Grace and Muriel being the coheirs of Edmond), nor was he the "heir male of the body" of Edmond, not being descended from him. John, however, was "heir male of the body" of Charles. George is heir-apparent of John until his death in 1870, when George succeeds as "heir" of his father and heir male of his house, and consequently Duke of London. At his death in 1880 Dorothy becomes the "sole heir," or, more properly, the "sole heir-general," of her father George; but his kinsman Robert becomes his "heir male," and therefore Duke of London, in spite of the fact that there was a much nearer male relative, viz. a nephew, Arthur, the son of his sister. Robert also becomes the heir male of the body of Owen and heir male of his house, and as such Duke of London. He would also be generally described as the heir male of the body of David.
At the death of Dorothy in 1885 her coheirs were her aunt Alice and her cousin Arthur equally, and though these really were the coheirs
of Dorothy (the claims of Alice and Annie being equal, and the rights of Annie having devolved upon Arthur), they would more usually be found described as the coheirs of George or of John. Annie was never herself really a coheir, because she died before her brother, but "in her issue" she became the coheir of Dorothy, though she would, after 1885, be usually described as "in her issue" a coheir of George, or possibly even of John, though this would be an inexact description. Arthur was heir of his mother after 1870, heir of his father after 1872, and heir-apparent of his father before that date; after 1885 he is a coheir of Dorothy, and after 1887 sole heir of Dorothy and sole heir of Alice. He would also be usually described as heir-general of George, and heir-general of John. Let us suppose that John had married Edith Torkington, an English baroness (suo jure) by writ (Baroness Neville), who had died in 1862. At that date the barony would have descended to her eldest son George until his death in 1880, when Dorothy, suo jure, would have succeeded. At her death in 1885 the barony would have fallen into abeyance between Alice and Arthur. At the death of Alice in 1887 the abeyance would be at an end, and the barony in its entirety would have devolved upon Arthur, who would have enjoyed it until at his death in 1888 the barony would have again fallen into abeyance between Maria, Jane, and Hannah equally. It is not unlikely that Her Majesty might have "determined the abeyance," or "called the barony out of abeyance" (the meanings of the terms are identical) in favour of Maria, who would consequently have enjoyed the barony in its entirety. At her death in 1889 it would again fall into abeyance between Jane and Hannah. At Jane's death in 1890 Hannah became sole heir, and the abeyance came to an end when Hannah succeeded to the barony. At her death it would pass to her aunt Lilian. Hannah would usually be described as "coheir and subsequently sole heir of" Arthur. If the Baroness Neville had been possessed of an ancient Scottish Peerage (the Earldom of Torkington) it would have passed undividedly and in full enjoyment to the heir of line, i.e. in 1862 to George, 1880 to Dorothy, 1885 to Alice, 1887 to Arthur, 1888 to Maria, 1889 to Jane, 1890 to Hannah, and 1896 to Lilian, the last (shown on the pedigree) in remainder. Lilian does not become an heiress until 1896, when the whole issue of her brother becomes extinct. Irene and Isabel never become heirs at all.