Two Essays on the Law of Primogeniture (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 Excerpt: ...a gift to a man and his heirs was construed to exclude all but lineal descendants, so that it had the same effect as that subsequently produced by the addition of the words, "of his body," to the deed of feoffment; and this construction was only obviated by the gift of estates to be held on the theory of feudum novum ut antiquum. Thus collateral heirs were at first admitted by a legal fiction; hence, too, arose the anomalous rule by which a father was, until less than half a century ago, in all cases excluded from inheriting his son's estate; and on this principle the whole tenure of fee-simple estates, and the method of their devolution on intestacy depended, until at the date referred to important changes were introduced into the law of inheritance.f While the right to alienate, in the strict sense of the word, Maine, Village Communities, p. 163. The foregoing paragraph waa in part suggested by pp. 160-165 of the same work, t St. 3 & i WiU. IV., c. 106. was only very gradually acquired, after a severe and protracted struggle, that of subinfeudation seems to have been recognised in the earliest period of feudal tenures as an integral part of the feudal system. The tenant was not allowed to transfer the land together with its incidental services; but he was permitted to "sub-let" it on such terms, that he himself received from the paravail occupant services sufficient to enable him to himself perform those due to the superior lord. The mischiefs, however, involved in the subdivision of fiefs, which formed the main justification of the rule of Primogeniture, and of the restraints by which direct alienation was checked, were scarcely less palpable when the occupancy of the soil was transferred by this process. We find, accordingly, tha...