But here another difficulty arises. In the second, third, fourth, [234] and every superior degree, every man has many couples of ancestors, increasing according to the distances in a geometrical progression upwards, (k) the descendants of all which respective couples are (representatively) related to him in the same degree. Thus in the second degree, the issue of George and Cecilia Stiles and of Andrew and Esther Baker, the two grandsires and grandmothers of John Stiles, are each in the same degree of propinquity; in the third degree, the respective issues of Walter and Christian Stiles, of Luke and Frances Kempe, of Herbert and Hannah Baker, and of James and Emma Thorpe, are (upon the extinction of the two inferior degrees) all equally entitled to call themselves the next kindred of the whole blood to John Stiles. To which therefore of these ancestors must we first resort, in order to find out descendants to be preferably called to the inheritance? In answer to this, and likewise to avoid all other confusion and uncertainty that might arise between the several stocks wherein the purchasing ancestor may be sought for, another qualification is requisite, besides the proximity and entirety, which is that of dignity or worthiness, of blood. For, VII. The seventh and last rule or canon is, that in collateral inheritances the male stocks shall be preferred to the female (that is, kindred derived from the blood of the male ancestors, however remote, shall be admitted before those from the blood of the female, however near),--unless where the lands have, in fact, descended from a female. 38 Thus the relations on the father's side are admitted in infinitum, before those on the mother's side are admitted at all; (4) and the relations of the father's father, before those of the father's mother; and so on. And in this the English law is not singular, but warranted by the examples of the Hebrew and Athenian laws, as stated by Selden, (m) and Petit: (n) though among the Greeks in the time of Hesiod, (o) when a man died with k See page 204. I Litt. § 4. m de succ Ebraeor. c. 12. n LL. Altic. l. 1. t. 6. ο Θεόγον, 606. (38) So lord Hale says, "If a son purchases land in fee-simple, and dies without issue, those of the male line shall be preferred in the descent, (Hale Hist. Com. L. 326. rule 7. div. 1.) and the line of the part of the mother shall never inherit as long as there are any, though never so remote, of the line of the part of the father; and, consequently, though the mother had a brother, yet if the great great great grandfather or grandmother has a brother or sister or any descended from them, they shall be preferred to and exclude the mother's brother, though he is much nearer. Id. ib. div. 2. Clere v. Brook. Plowd. 442. And so great is the preference shewn to the male line, that if a son dies, having purchased lands which descend to his heir on the part of his father, (not being his own brother or sister, see H. Chit. Desc. 123.) and the line of the father should afterwards fail, yet the descent shall never return to the line of the mother, though in the first instance, or first descent from the son, it might have descended to the heir of the part of the mother; for by this descent and seisin it is lodged in the father's line, to whom the heir of the mother can never derive a title as heir, but it shall rather escheat. See Hargr. note 5. Co. L. 13. a. "This preference of male stocks is continued throughout all manner of successions; for if, on default of heirs of the part of the father, the lands descend to the line of the mother, the heirs of the mother of the part of her father's side shall be preferred in the succession before the heirs of the part of her mother's side, because they are the more worthy." Hale, C. L. $30. The several classes which can comprehend every description of kindred, are thus enumerated by Mr. Cruise, Dig. vol. 3. p. 377. 1. The male stock of the paternal line. 2. The female stock of the paternal line. 3. The male branches of the female stock of the paternal line. 6. The female branches of the male stock of the maternal line. sion upward presentative degree, the Baker, the 1 same degre Walter and Hannah Bal of the two i kindred of th tors must w called to the confusion a wherein the is requisite, worthiness, VII. The the male st from the ble before those the lands ha Thus the those on the father's fath this the Eng Hebrew and among the I Litt. § (38) So lord of the male line line of the part mote, of the lin yet if the great from them, they er. Id. ib. div male line, that i father, (not bei should afterwa the first instanc of the mother; the mother can L. 13. a. "This prefe default of heirs of the mother of the part of her The several ed by Mr. Crui 1. The male 2. The fema 3. The male 4. The fema 5. The male 6. The fema 7. The male 3. The fema |