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inherit those lands; but a son born afterwards may, even though his elder brother were living. For the father, before denization, had no inheritable blood to communicate to his eldest son; but, by denization, it acquired an hereditary quality, which will be transmitted to his subsequent posterity.

Persons at. $ 20. Persons attainted of high treason or felony, tainted incapable of in- are incapable of inheriting, or of transmitting their heriting. own property by heirship.

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Thus, Lord Coke says :-“ If a man be attainted of “ treason or felony, he can be heir to no man, nor

any man heir to hinı, propter delitun. For that, by “ his attainder, his blood is corrupted; and this cor

ruption of blood is so high, as it cannot absolutely “ be salved and restored, but by act of parliament.”

$ 21. A person may, however, inherit from one of

his parents, though the other should be attainted of Cent. 1 Ca. 2. treason or felony; for duplicatus fanguis is not necefCent.;Ca.27. fary in descents. Thus, it is said in Jenkins, an at

tainted person marries an heiress, and has issue by her ; Vide Noy

that issue shall inherit, for the marriage was lawful, 168, Rex v. and he claims only from the mother, Boreston.

1 Inft. 163 6.

$ 22. Lord Coke says, if a man be seised of lands in fee and hath issue two daughters, and one of the daughters is attainted of felony, the father dieth, both daughters being alive, the one moiety shall descend to the one daughter, and the other moiety shall escheat.

$ 23. There $ 23. There is a farther consequence of the cor. ruption and extinction of hereditary blood, namely, that the person attainted shall not only be incapable himself of inheriting, or of transmitting his own property by heirship, but shall also obstruct the descent of Jands or tenements to his posterity, in all cases where they are obliged to derive their title through him, from any remoter ancestor.

S 24. Thus, it is laid down by Lord .Hale, that if P. C. P. 1. there be grandfather, father, and son, and the father

356. is attainted, and dies in the lifetime of the grandfather, the son cannot inherit from the grandfather ; because he must, of necessity, derive his descent through his father, which he cannot do, by reason of the attainder,

§ 25. Where there were two brothers, and the Grey's Case, youngest had issue a son, and was attainted of treason Dyer 274.

Cro.Car.543 and executed; it was held, that the son of the youngest brother could not inherit from his uncle, because he mult derive his descent through his father.

$ 26. It is, however, a general rule, that the at. tainder of a person who need not be mentioned in the derivation of the descent, does not prejudice, let the ancestor be never so remote ; and, therefore, where a person may claim as immediate heir to an ancestor, without deriving his descent through an attainted person, he will not be affected by such attainder,

$ 27. Thus, if a man has two sons, and the eldest Dyer 48 a. attainted, and then the father dies, the younger

brother

brother cannot inherit from his father ; for the elder brother, though attainted, is still a brother, and no other can be heir to the father, while he is alive. But if the elder brother dies in the lifetime of the father, the younger brother will then inherit from his father, because he can derive his descent from him, without mentioning his elder brother, or claiming through

him. If the eldest son had left issue, the younger broCro.Car.435. ther could not inherit.

Hob. 334.

Rot. Parl.
Vol 3.p.1440.

§ 28. The incapacity of the younger brother to inherit from his father, where the elder brother was attainted and alive, was considered as such a hardship, that, in 1 Hen. 4., a petition was preferred by the commons to the king, praying, that where the eldest son during the life of the father was attainted, the next brother might, notwithstanding, succeed as heir to his father. To which, the king answered, let the common

law run.

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$ 29. Lord Coke fays, if a man hath issue two sons, and after is attainted, and one of the fons purchases lands, and dies without issue, the other brother shall be heir ; for the attainder of the father only corrupts the lineal blood, and not the collateral blood between the brothers, which was vested in them before the attainder. And, afterwards, his Lordship fays,-But some have holden, that if a man after he is attainted have issue two sons, that the one of them cannot be heir to the other, because they could not be heir to the father, for that they never had any inheritable blood in them.

But

į Vent. 413.

But it is now settled, that the descent between bro. Collingwood thers is immediate; and, therefore, that the attainder

v. Pace, of the father does not prevent his sons from inheriting 3 Salk. 129. from each other ; for, though the father is medium differens fanguinis, yet he is not medium differens hæreditatis.

S 30. The doctrine of corruption of blood was con- Vide 2 Com. sidered as so cruel and unjust, that, by a statute passed 256. in 7 Ann, it was enacted, that it should cease upon the extinction of the Stuart family. But it has been 39 Geo. 3.

c. 93. revived by a modern statute.

S 31. In the descent of estates tail, no impediment arises from corruption of blood, as will be shewn in a subsequent chapter.

TITLE XXIX.

DESCENT

CHAP. III.

Of the Rules or Canons of Descent.

1. if Canon.--- Inheritances li- S 36. The Heir must be descended neally defcend.

from the first Purchaser. 2. Maxim ihat Nemo eft Hæres 41. Defcents ex parte paterna et viventis.

materna. 3. The Ancestor mufl die seised. 43. What Ads will alter the Deo 8. Exceptions to this Rule.

Scent. 10. Explanation of the firf Canon. 59. Rule of Collateral Descents. 12. A Descent may be defeated by 60. 61b Canon.- Exclusion of the the Birth of a nearer Heir.

Half Blood. 17. Exclupon of the ascending

66. What Scifin is necessary. Line.

77. Trufts defcend to the whole 23. 2d Canon.Males preferred

Blood. to Females.

78. Advowfons, Tithes, &c. 25. 3d Canon.--The eldest Male 84. 7th Canon.--The Male Stocks fucceeds.

preferred. 30. 4th Canon.Right of Repre- 86. Mode of tracing an Heir at fentation.

Law. 35. 5th Canon.Collateral De

95. Obfervations on Blackstone's scents.

Dodrine of Defcents.

ift Canon. Inheritances lineally defcend.

Section 1.
THE first rule or canon of descent as laid down by

Sir William Blackstone is—" That inheritances “ shall lineally descend to the issue of the person who “ last died actually feised, in infinitum; but shall

never lineally ascend.”

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To explain this and the subsequent canons of descent, it will be necessary to premise some maxims and

principles

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