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Extracts from
Jacob's Law Dictionary (publ. 1729)
Discent
(Descent)
...None can inherit any Lands as Heir,
but only the blood of the first Purchaser... (A
Purchaser includes one who acquires land by the gift or Will of another,
and not only in the usual modern sense of the word)
...Lands and tenements in fee simple
descend first to the eldest son as heir, and to his issue; the sons
first in order of birth; and for want of sons to the daughters equally,
who inherit as one heir; if the eldest son has no issue then to his next
eldest brother of the whole blood and his heirs; and for want of a
brother to his sister or sisters of the whole blood and their issue; if
there be no brother or sister, to the uncle and his issue; and for want
of an Uncle, to an Aunt or Aunts, and their issue; and if there be none
such, then to cousins in the nearest degree of consanguinity...
...If one die seised of land in which
another has a Right to Enter, and it descends to his heir, such descent
shall take away the other's Right of Entry, and put him to his Action
for Recovery thereof...
...Is by Common Law, Custom or Statute
(for example by fee-tail)...
...Descent being created by Law, and the
most Ancient Title, an heir is in by that before a Grant or Devise
etc.... if he devise lands to one who is heir at Law, the devise is
void, and he shall take by descent...
Bastard
One that is born of any woman not
married, so that his father is not known by the Order of Law... he is
the first of his family...
If a man hath issue with a woman before
marriage, and after they marry, the issue is a bastard by our Law, but
legitimate by the Civil Law...
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