ceners.

One of these daughters dying without issue in the life-time of the other, the other shall

each other; but they may succeed as the heirs of their common father, being equally his children.

Si vero habuerit quis plures uxores, et ex qualibet earum filiam vel filias, omnes filiæ erunt pares ad hereditatem patris, eodem modo ac si omnes essent ex eadem matre. Glanville,

lib. 7, c. 3.

Poterit etiam quis habere plures filias de una matre, et plures de alia, et sic sint omnes participes, et capaces hæreditatis paternæ descendentis, quantum ad hæreditatem paternam descendentem, non erunt tamen participes et capaces quantum ad perquisitum fratris vel sororis qui fuerint de eadem matre. Bract. Tr. 1, lib. 2, cap. 30, s. 3, fol. 66 b.

Si Titius plures filias reliquerit de una matre vel diversis genitas, omnes pariter vocandæ sunt ad successionem et ad capacitatem hæreditatis paternæ, et erunt pro uno hærede quamvis animæ diversæ. Fleta, lib. 6, cap. 1, s. 17.

Pluralites de femes, sicome est de sors parceners, l. ql. q. eles soiet. engedres d. une mere, ou d. plusurs, q. se profert. toutes en leu de un heir, et nule ne est plus receyvable de autr. ne nule ne purra estr. autry heir. Brit. cap. 119, De Success.

See also Mich. 19 Ed. II. p. 628, Mayn.; Fitz. Abr. tit. Descent, 13; Quare Imped. 177; Bro. Abr. tit. Descent, 20,27 ; Mordanc. 43; Seisin, 42; Fitz. N. B. 36, E, 197, G; Dyer, 291 b. pl. 69; 325, pl. 38; Kitch. on Courts, 109 b, 110 a; Hale's Com. Law, 264, note (x), 266, ch. 11; Robins. on Inherit. 36, c. 5; 2 Bl. Comm. 231, ch. 14; Calth. 87, 88, and the case of Jenkins d. Harris and Wife v. Prichard et al., ante, 113, note (g).

The same law as to sons or daughters in gavelkind. Turner v. Turner, 8 Mod. 208; Robins. on Gavelk. b. 1, ch. 6, p. 100, 105; Foxe v. Smith, 1 Freem. 45.

And see also Robins. b. 1, ch. 3, p. 37, where a custom is noticed for lands to descend to, and be partible among, brothers by the first ventre only, to the exclusion of those by a second. See Co. Litt. 140 b.

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Half-blood.

:

then succeed to the whole; for she does not
claim as heir to her deceased sister, but as the
now only heir of her father. But the surviving
sister dying also without issue, we pursue our
old inquiry, and ask again for the heir of Ben-
jamin the remainder-man and as his male
issue is now extinct, and as he left two daughters,
(by different wives), we find that they or their
issue shall next inherit (10thly) as heirs to him.
On their death, or that of their issue, whereby
the descendants of the remainder-man are be-
come extinct, we must yet seek his right heir;
and this we find to be (11thly) Bridget Brown,
his sister of the whole-blood. For though the
half-blood succeed equally with the whole
among THE DESCENDANTS of Benjamin, accord-
ing to worthiness of sex, or priority of birth;
yet, such remainder being legally vested in Ben-
jamin, he alone is the person from whom it
must be claimed, and to whom the person
claiming must make himself heir for those
whom we have called the half-blood among his
descendants, are only of the half-blood to each
other, but are equally derived from himself.
But those of the half-blood above him, being not
(by the terms) derived from the same couple of
ancestors as he himself is, cannot possibly suc-
ceed as heirs to HIM. And, therefore, though
Timothy Brown is the right heir (on the death of
Benjamin and his issue) to Joseph Brown, their
common father; yet it is not his heir that we
seek, but the heir of Benjamin; and as he is not

the heir of Benjamin, (being but of the halfblood to him,) he shall not succeed to the remainder; but such remainder shall descend to Bridget, his sister of the whole-blood: but in case she die without issue, it shall then go (12thly) to Thomas Brown, her uncle; and the issue of Joseph, by Emma Atkins, be excluded, as they can never be the right heirs of Benjamin the first purchaser, from whom it must still be claimed. On the death of Thomas without issue the remainder shall (13thly) go to his uncle, Daniel Brown; and not to his brother, Joseph Brown; because Thomas having been never seised, it would not on his death go to his heir, but to the heir of Benjamin; and Joseph being the father of Benjamin could never be (as such) his heir (c): And Stephen, not being derived from the same couple of ancestors as Benjamin, shall not succeed. From Daniel it shall (14thly) go to Abraham, the son of Edward and Barbara Brown.

it

It

But had it been an estate IN POSSESSION, would have descended very differently. would then have gone from Benjamin to (I.) William; then to (II.) Isaac ; and from Isaac to (III.) Lucy Brown; who being the person now LAST ACTUALLY SEISED, (supposing the persons entitled continually to have gained an actual

(c) See Show. 246.

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seisin,) IS BECOME THE STOCK OF DESCENT; and therefore we must now seek for the heir of her, and not of Benjamin. Her father, William Brown, left issue a son, (George,) by his second wife; but this son being but of the HALF-BLOOD TO Lucy, shall never inherit as heir TO HER, though the land should escheat to the lord (d). We then must go one step higher; and here we find (IV.) her aunt Susannah to be her heir of the whole-blood: Susannah dying without issue, the estate again devolves; and as we suppose her to have been ACTUALLY SEISED, we must find out who is now heir тo HER: and this we discover to be (V.) George Brown, the son of her brother William, who though of the half-blood to Lucy, is of the whole-blood to Susannah, and, therefore, shall inherit TO HER (e). And now all the issue of his grandfather Benjamin, by his first wife Anne Lee, being extinct, we must go to (VI.) Bridget, the daughter of Joseph and Elizabeth Brown; for the issue of Benjamin by Jane Smith, being of the HALF-BLOOD to George, shall never inherit as heirs TO HIM. But Bridget succeeding, and having been ACTUALLY SEIsed, we must now have recourse to HER heir; and this we find to be (VII.) John Brown, the son of Benjamin by Jane Smith; for, though of the half-blood to George, he is lineally descended

(d) Vide Mich. 5 Ed. II. p. 147, 8, Mayn.
(e) See Litt. s. 8.

from the only brother of the whole-blood to Bridget, and shall, therefore, (as the elder issue of Benjamin are now extinct,) succeed To HER (ƒ). From John it descends to (VIII.) Edmund; and from Edmund to (IX.) James; and from James to (X.) his aunt Penelope; and from Penelope to (XI.) her aunt Catherine: for though the issue of her father, John Brown, by Frances Wilson, are but of the HALF-BLOOD to Penelope, yet they are the now only representatives of John, who was the brother of the WHOLE-BLOOD to Catherine; and, therefore, the estate shall descend FROM HER to (XII.) Henry Brown; and from him to (XIII.) Felicia; and she being the last of the issue of her grandfather Benjamin, we find Thomas, the son of Philip and Esther, to be (XIV.) HER heir for as to Bridget, the daughter of Joseph and Elizabeth, it has already passed her; and Timothy, the son of Joseph and Emma, is but of the HALF-BLOOD to Felicia, and therefore shall not succeed To HER; but he shall succeed as heir to Thomas, being the now only son of his brother Joseph (his brother of the whole-blood). From Timothy (XV.) it goes to (XVI.) Daniel; and from Daniel to (XVII.) Stephen; and from Stephen to (XVIII.) Abraham Brown and his issue, &c. [1].

(f) See Litt. s. 8.

[1] On the death of Thomas (XIV.) it is necessary to suppose that his brother Joseph is dead; else the estate in possession would go to him, and

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