But, it may be asked, whether a man, having a Son and Heir, can give
any part of his Inheritance to his illegitimate son? If he can, it
follows, that the condition of the illegitimate son would, in this
respect, be preferable to that of the younger son born in Wedlock;
and yet the Law is so.[204] But, if the person, desirous of making a
donation of part of his Lands, possess only such as he has purchased,
he may then make such Gift; provided it does not extend to the whole
of his purchased Lands, because he cannot disinherit his Son and
Heir.[205] Yet, if he has not any Heir, male or female, of his own
Body, he may, indeed, consult his own inclination in making an absolute
gift, either of part or of the whole of his purchased Lands.[206] And,
if the person to whom the gift be made obtain Seisin of it, during
the life of the Donor, it is not in the power of any more remote[207]
Heir to invalidate such Gift. Thus may a man give, in his lifetime,
the whole of his purchased Land; but he cannot make any one his Heir
to it, neither a College, nor any particular individual, it being an
Established Rule of Law, that God alone, and not Man, can make an
Heir.[208] If, however, a Man possess both inheritable and purchased
Lands, it is then unquestionably true, that he may absolutely give any
part or the whole of the latter to such person as he pleases;[209] and
of his inheritance he may notwithstanding dispose, according to what
we have already observed, provided such disposition be a reasonable
one. It should be observed, that, if a Man, having Lands in free
socage,[210] has many sons, who are all in equal proportions to be
admitted to the Inheritance, then, it is unquestionably true, that
their Father cannot give a greater part of his inheritable Land or of
his purchased, if he possess no inheritable, to any one of the sons,
than the reasonable part which would fall to such son of the whole
paternal Inheritance.[211] But the Father can in his lifetime give to
either of his Sons such a part only of his inheritable free socage
Land, as such son would be intitled to upon the death of his father by
the Rule of succession. Yet, by reason of the liberality which Parents
are in the habit of exercising towards their sons, or even towards
other persons, questions of Law frequently arise concerning donations
of this description. Let us suppose, that a Knight or a freeman, having
four, or a greater number of sons, all born in Wedlock of one Mother,
should, with the consent of the Heir previously obtained, (in order to
prevent disputes) give to one of his sons—let us say, to the second
and his Heirs, a certain reasonable part of his Inheritance—Let us
suppose, that the son, to whom the Gift has been made, received Seisin,
and, during his Life, took the profits and proceeds, and that he died
in such Seisin, leaving not only his Father, but all his Brothers yet
living.
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