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Inheritance

person, inheritances and lands

INHERITANCE, in law, is a perpetuity in lands or tenements to a man and his heirs ; and the word inheritance, is not only intended where a man has lands or tenements by descent, but also every fee simple, or fee-tail, which a person has by purchase, may be said to be an inheri tance, because his heirs may inherit it Inheritances are corporeal or incorporeal. Corporeal inheritances relate to houses and lands, which may be touched or handled ; and incorporeal hereditaments are rights issuing out of, annexed to, or exercised with corporeal inheritances, as advowsons, tithes, annuities, offices, com mons, franchises, privileges, and services. There are several rules of inheritances of lands, according to which estates are transmitted from ancestor to heir ; 1. That inheritances shall lineally descend to the issue of the person last actually seized, in infinitum, but shall never lineal ly ascend. 2. Where there are two or more males in equal degree, the eldest only shall inherit ; hut the females alto gether. 3. The lineal descendants, in in

finitum, of any person deceased, shall re. present their ancestor ; that is, shall stand in the same place as the person himself would have done had he been living: thus the child, grand-child, or great grand child, (either male or female) of the eld est son succeeds before the younger son, and so in infinitum. 4. On failure of issue of the person last seized, the inheritance shall descend to the blood of the first purchaser. 5. The collateral heir of the person last seized must be his next co!. lateral kinsman of the whole blood. 6. In collateral inheritances, the male stocks shall be preferred to the female, unless where lands are descended from a female : thus the relations on the father's side are admitted in infinitum before those on the mother's side are admitted at all, and the relations of the father's father before those of the father's mother, and so on.