[Footnote 217: “For where _dedi_,” says Lord Coke, “is accompanied
with a perdurable tenure of the feoffor and his Heirs, there _dedi_
importeth a perdurable warranty for the Feoffor and his Heirs to the
feoffee and his Heirs; and herewith agreeth Glanville:” (referring to
the text) (2 Inst. 275.)]
CHAP. III.
Of Heirs, some are nearest,[218] others more remote. A Man’s nearest
Heirs are those of his Body, as a Son, or a Daughter.[219] Upon
the failure of these, the more remote Heirs are called, namely,
the Grandson, or Granddaughter descending in a right line from the
Son or Daughter, _in infinitum_. Then the Brother and Sister, and
those descending from them in a transverse line. After these, the
Uncle,[220] as well on the part of the Father, as of the Mother, and in
like manner the Aunt, and their Descendants.[221]
[Footnote 218: _Plura_, says Fleta, _heredem reddunt hereditati
propinquiorem; utpote sexus, linea, hereditas partibilis, pluralitas
fœminarum, modus donationis et sanguinis._ (L. 6. c. 1. s. 12.)]
[Footnote 219: Yet, Bracton reckons a daughter a more remote Heir when
a Son was living. (Bracton 64. b.) It is clear, that author uses the
term _comparatively_, and so the Grand Norm. Cust. uses it, (sparsim.)]
[Footnote 220: _Avunculus._ Our Author is guilty of an inaccuracy in
using this term, which means, an Uncle on the Mother’s side, _patruus_
being the Uncle on the Father’s side.]
[Footnote 221: _V. Somneri Tractat. de Gavelkynd. pag. 42, et Bracton
L. 2. c. 34. fol. 76. a. Fletam Lib. 5. c. 9. s. 15._ (Al. MS.) On the
Rules of descent as they existed amongst the _Jews_, the _Grecians_,
the _Romans_, the _Lombardi_, the _Normans_, the ancient _British_,
the _Saxons_, _&c._ I refer the Reader to Lord Hale’s admirable though
unfinished Tract, the History of the Comm. Law, chapter 11th. On the
Rules of descent, as existing in _this Country_ when _Bracton_ wrote,
which Lord Hale informs us, stood settled in all points as they are at
this day, except in some few matters soon after settled, the Reader may
turn to the 2nd Book c. 30. 31. of Bracton.]
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