Also known as: successor and assign · successors & assigns · successor & assign · successors · assigns
Written by attorneys · grounded in primary & secondary sources — see below
A phrase included in legal instruments to indicate that the rights and obligations created by the instrument extend to those who succeed to a party's position by inheritance, assignment, or other transfer.
Sapphire Holdings leased an office building under a contract stating that taxes would be paid by the lessee, successors, and assigns. After eight years the original lessee assigned the lease to Sterling Manufacturing. Sterling occupied the premises and paid the taxes as required by the lease language.
Solstice Ventures granted a mortgage containing a clause directing any foreclosure surplus to the mortgagor, heirs, successors, and assigns. After foreclosure and satisfaction of the senior lien, junior lienholders claimed the remaining funds. The court treated the junior interests as successors for distribution purposes.
Sierra Santos assigned patent rights to Solstice Ventures using language binding successors and assigns. When a later dispute arose over the patent's validity, the assignee stood in the original assignor's position and could assert the same defenses.
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Seth Shapiro created a trust providing that excess property would go to the settlor or the settlor's successors in interest. After the trust purpose ended, the remaining assets passed to Selena Singh as successor rather than reverting outright.
Sterling Manufacturing conveyed a right-of-way to a railroad with language extending to successors and assigns. When the railroad later abandoned the line, the successor in interest to the original grantor asserted a claim to the land under the original conveyance terms.
Sofia Stern received a land grant containing a clause referencing successors and assigns. When the state later sought to reclaim submerged lands, the successor in interest to the original grantee defended title under the grant's original scope.
Yes. When the instrument uses successors and assigns language, the assignee steps into the original party's position and becomes subject to the same duties even without a separate assumption clause.
The clause directs surplus to the mortgagor or its successors and assigns, but junior lienholders are treated as successors for distribution purposes and receive payment before the original mortgagor.
Yes. Under the civil rules a deposition may be used in a later action between the same parties or their successors in interest to the same extent as if taken in the later action.
The excess property is distributed to the settlor's successors in interest rather than reverting to the settlor's estate.
…established a Constitution those principles are fundamental and intended to be permanent. The government of the United States assigns to different departments respective powers and establishes limits not to be transcended. The Constitution is written to define limits; if those limits may be passed by those intended to be…