When, therefore, a Man possessed of an Inheritance dies, leaving one
Son only his Heir, it is unquestionably true, that such son shall
succeed entirely to his Father. If, however, he leaves more sons, then,
a distinction must be made, whether the deceased was a Knight, or one
holding by Military Tenure, or whether he was a Free Sockman.[222]
Because, if he were a Knight, or holding by Military Tenure, then,
according to the Law of the English Realm, his Eldest son shall
succeed to the whole Inheritance, so that none of his Brothers can
by right claim any part of it.[223] But, if the Parent were a free
Sockman,[224] then, indeed, the Inheritance shall be equally divided
amongst all the sons, however numerous, provided such Socage Land has
been anciently divisible,[225] reserving, however, to the Eldest son
as a mark of respect to his seniority,[226] the Capital Messuage, upon
his making a Compensation to the others equal to the value.[227] If,
however, the Estate was not anciently divisible, then, the Eldest son
shall, according to some customs, take the whole Inheritance, whilst,
according to other Customs, the younger son shall succeed as Heir.[228]
In like manner, should any person leave one Daughter only, his Heir,
then what we have laid down with respect to a son shall unquestionably
prevail. If, however, he leave more Daughters, then, the Inheritance
shall, without distinction, be divided between them, whether their
Father was a Knight or a Sockman, reserving to the Eldest Daughter, the
Capital Messuage, under the conditions before mentioned. But it should
be observed, if either of the Brothers or Sisters, amongst whom the
Inheritance is divided, should die, without leaving any Heir of his
or her Body, then the portion of the person so dying shall be divided
amongst the survivors. But the Husband of the Eldest Daughter shall
do Homage[229] to the Chief Lord for the whole Fee. But the Younger
Daughters, or their Husbands, are bound to perform to the Chief Lord
the services due for their Land, by the hand of the Eldest Daughter, or
her Husband. Yet the Husbands of the Younger Daughters are not bound
to perform any Homage, or even Fealty, to the Husband of the Eldest
Daughter, in her lifetime.
[Footnote 222: The Norman Code divides Inheritances into impartible and
partible—the former appearing to answer to our military tenure, the
latter to our socage tenure. (Grand Custum. c. 24.)]
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