an essay towards the further elucidation of the law of descents

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Purchase of this book includes free trial access to where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAP. II. Cfce JRuies or Canons of descent. WHEN the property is vefted or fixed in a perfon fo as to be tranfmiflible to the heirs of fuch perfon, whether he him- felf took by defcent, and acquired an actual feifin of the hereditaments defcending, or whether he took as firft purchafer, fuch hereditaments fhall defcend to the right heirs of the perfon fo adlually feifcd of an eftate of inheritance in pofleffion, or in whom they are fo fixed by purchafe ; or, if they are in reverfion or remainder expectant upon an eftate of freehold, to the right heirs of the perfon creating the particular eftate, on which fuch reverfion is expectant ; or of the perfon to whom fuch remainder is limited ; or of him who, being an intermediate perfon, has acquired a feifin (if we may call it fuch) of fuch reverfion or remainder by the exertion of any act of ownerfhip, which is tantamount or equivalent to an actual feifin of here- G 4 ditatnents ditaments in pofleflion, according to the following CANONS: 1. Hereditaments (hall lineally defcend to the ifTue of fuch perfon in infmitum; but fhall never lineally afcend (a). 2. The male iflue fhall be admitted before the female. 3, Where (a) As if a fon purchafe land, and die without iflue, and his father or mother be then livingj his father or mother fhall not (as fuch) inherit fuch lands immediately from the fon. But if the father or mother be alfo Cousin to the fon, they may (as fuch) fucceed to the inheritance. See 2 P. Wms. 614. And if there be father and two fons, and one pur- chafe lands and die j the Brother fhall take the inheritance as heir to him, although the father be living. For though the father feems the fource of the inheritable blood, yet, as the fon held the defcending feud ut antiquum, it is fuppofed to have al...
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