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...