Nor are their Heirs in the first and second degrees; but those in
the third descent from the Younger Daughters are bound by the Law of
the Realm, to do Homage for their Tenement to the Heir of the Eldest
Daughter, and to pay a reasonable Relief.[230] In addition it should
be known, that Husbands cannot give any part of the Inheritance of
their Wives, without the consent of their Heirs, nor can they remit
any part of the right of the Heirs, unless in her lifetime.[231] If,
however, a Man leaves a son and Heir, and has besides one Daughter
or more, the son succeeds entirely to the Inheritance—from whence it
follows, that if a Man should have married many Wives,[232] and by each
of them have had one or more Daughters, and at length an only son by
the last of them, the son alone shall obtain the Inheritance of the
Father; because, it is a general Rule, that a Female can never share
an Inheritance with a Male, unless perhaps a special Exception to
this exist in some particular City, grounded upon a Custom which has
long prevailed there. But, if a man should marry different Women, and
by each of them should have one Daughter, or more, all the Daughters
are equally entitled to the Inheritance of the Father, in the same
manner as if they were all sprung from the same Mother.[233] But when
a Man dies without leaving any Son, or Daughter, his Heir, if he has
any Grand Children, then, undoubtedly, they shall succeed to him, in
the same manner as we have above mentioned, his Son or Daughter would
have succeeded, and under similar distinctions. For the Descendants
in the right line, are always to be preferred to those who are in the
tranverse line. But when any one dies, leaving a younger son, and a
Grandson, the Child of his Eldest son, great doubt exists, as to which
of the two the Law prefers in the succession to the other, whether the
Son or the Grandson. Some think, the Younger Son has more right to the
Inheritance than such Grandson, for this reason—that the Eldest Son did
not survive his Father, and was not in existence when the Inheritance
fell, but the Younger Son did out-live both his Brother and his Father,
and it is, therefore, right, as they contend, that he should succeed
to his Father. But others incline to think, that the Grandson ought of
right to be preferred to his Uncle.
[Footnote 230: Among the customs of Beauvoisis, there is a Law very
similar from which Thaumas asserts we borrowed our rule. (c. 47.) The
doctrine of the text is confirmed by Henry the 2nd’s Charter to the
Irish, which the Reader will find among Thaumas’s notes to the customs
of Beauvoisis p. 396.]
[Footnote 231: Nor yet remit nor diminish the right of the Heir, but
only “during their (the wives) lifetime.” (Reg. Maj. L. 2. c. 29.)]
[Footnote 232: Vide D. Craig. Librum de Successions Anglicè versa p.
375. (Al. MS.)]
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