The Rights of Heirship, Or, The Doctrine of Descents and Consanguinity: As Applied by the Laws of England to the Succession of Real Property and Hereditaments, and as Affected by the New Statutes of Inheritance and Limitation : Including the Descent of Titular Honors and Coat Armour, and the Respective Rights of Participation in the Personal Estate of an Intestate Under the Statute of Distributions : Collected from the Law Authorities, Statutes and Reports, and Illustrated by Tables of Descent, Consanguinity, &c. &c

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H.K. Causton & Company, 1842 - 306 páginas

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Página xii - There is no antidote against the opium of time, which temporally considereth all things : our fathers find their graves in our short memories, and sadly tell us how we may be buried in our survivors.
Página 140 - ... such possession or receipt then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid or the person through whom he claims became entitled to such possession or receipt by virtue of such instrument.
Página 188 - ... shall mean the person who last acquired the land otherwise than by descent, or than by any escheat, partition, or inclosure, by the effect of which the land shall have become part of or descendible in the same manner as other land acquired by descent ; and the word "descent" shall mean the title to inherit land by reason of consanguinity, as well where the heir shall be an ancestor or collateral relation, as where he shall be a child or other issue; and the expression "descendants" of any ancestor...
Página 14 - But an hereditament, says Sir Edward Coke, is by much the largest and most comprehensive expression: for it includes not only lands and tenements, but whatsoever may be inherited, be it corporeal or incorporeal, real, personal, or mixed.
Página 74 - That it needs not any particular estate to support it. 2. That by it a fee-simple, or other less estate, may be limited after a fee-simple. 3. That by this means a remainder may be limited of a chattel interest, after a particular estate for life created in the same.
Página 274 - ... parchment, is made out under the seal of the ordinary, and delivered to the executor or administrator, together with a certificate of its having been proved before him ; all which together is usually stiled the probate.
Página 168 - Consanguinity, or kindred, is defined by the writers on these subjects, to be viriculum personarum ab eodem stipite descendentium, the connection or relation of persons descended from the same stock or common ancestor. This consanguinity is either lineal or collateral. Lineal consanguinity is that which subsists between persons, of whom one is descended in a direct line from the other...
Página 30 - ... of the lands they had fairly bought ; of suits in consequence of which our ancient books are full : and treasons were encouraged ; as estates-tail were not liable to forfeiture longer than for the tenant's life. So that they were justly branded as the source of new contentions, and mischiefs unknown to the common law ; and almost universally considered as the common grievance of the realm.
Página 32 - For though, as there are no words of inheritance or heirs mentioned in the grant, it cannot be construed to be a fee, it shall, however, be construed to be as large an estate as the words of the donation will bear, and therefore an estate for life. Also such a grant at large, or a grant for term of life generally, shall be construed to be an estate for the life of the grantee...
Página 196 - The lineal descendants, in infinitum, of any person deceased shall represent their ancestor ; that is, shall stand in the same place as the person himself would have done had he been living.

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