Hence, it is to be presumed, that if a Man laboring under a mortal
disease, should then for the first time set about making a disposition
of his Land, a thing never thought of by him in the hour of health,
that the act is rather the result of the Mind’s Insanity than of its
deliberation. But yet a Gift of this description, if made to any one
by the last Will, shall be valid, if done with the consent of the Heir,
and confirmed by his acquiescence in it. When a Man gives part of his
Land in Marriage-hood, or in any other manner, his Land consists either
of that which is inheritable only, or of that which he has purchased
only, or of both descriptions. If he possess inheritable Land only,
he may, as we have already observed, give a certain portion of it to
any stranger at his pleasure.[202] But if he has many sons born in
Wedlock,[203] he cannot, correctly speaking, without the consent of his
Heir, give any part of his Inheritance to a younger son; because, if
this were permitted, it would then frequently happen that the Eldest
son would be disinherited, owing to the greater affection which Parents
often feel towards their younger children.
[Footnote 202: A liberty that he was not indulged in by the Laws of
Alfred, unless under particular circumstances: (LL. Alfred, c. 37.)
nor by the Laws of Henry the 1st was this indulgence conceded a Man.
_Si Bockland habeat, quam ei parentes dederint, non mittat eam extra
cognationem suam._ (LL. Hen. 1. cap. 70.)]
[Footnote 203: _Filios mulieratos._ “When a Man has a Bastard Son, and
afterwards marries the Mother, and by her has a legitimate Son, such
latter Son, in the language of the Law, is called a _mulier_, or, as
Glanville expresses it in his Latin, _filius mulieratus_.” (2 Bl. Comm.
247.) With this interpretation _Skene_ agrees. (Reg. Maj. L. 2. c. 19.)]
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