756 DESCENT.' 
purchafors (whether of the whole or half-blood) are en¬ 
titled to inherit at all. 
This rule, as to the exclufion of the half-blood, is cer¬ 
tainly a very fine-fpun and fubtle nicety ; but, confider- 
ing the principles upon which our law is founded, it is 
not an injuftice, nor always a hard fit i p, fince even the 
fucceflion of the whole blood was originally a beneficial 
indulgence, rather than a drift right of collaterals ; and, 
though that indulgence is not extended to the demi- 
kindred, yet they are rarely abridged of any right which 
they could pofiibly have enjoyed before. The doftrine 
of the whole-blood was calculated to fupply the frequent 
impoflibility of proving a defcent from the firfi purcha- 
for, without fome proof of which (according to our fun¬ 
damental maxim) there can be no inheritance allowed of: 
and this purpofeit anfwers, for the molt part, effeftually. 
It feems, however, that, in fome inflances, tlve praftice 
is carried farther than the principle upon which it goes 
will warrant. It is more efp'ecially over-drained, when 
a man has two fons by different venters, and the eflate on 
his death defcends from him to the dried, who enters, 
and dies without ilfue ; in which cafe the younger’fon can¬ 
not inherit this eflate, becaufe he is not of the whole- 
blood to the lad proprietor. This, it mud be owned, 
carries a hardfhip with it, even upon feudal principles, 
for the rule was introduced only to fupply the proof of a 
defcent from the fird purchafor; but here, as this eflate 
notorioufly defeended from the father, and as both the 
brothers confelfedly fprung from him, it is demondrable, 
that the half-brother mud be of the blood of the fird pur¬ 
chafor, who was either the father, or fome of the father’s 
ancedors. 
It is moreover worthy of obfervation, that the crown 
(which is the highed inheritance in the nation) may de¬ 
feend to the half-blood of the preceding fovereign; Plowd. 
245. Co. Litt. 15. fo that it be the blood of the fird mo¬ 
narch, purchafor, or (in the feudal language) conque¬ 
ror, coiiquajlor, of the reigning family. Thus it aftually 
did defeend from king Edward VI. to queen Mary, and 
from her to queen Elizabeth, who were refpeftively of 
the half-blood to each other : for, the royal pedigree 
being always a matter of fufficient notoriety, there is no 
occafion to call in the aid of this prefumptive rule of 
evidence, to render probable the defcent from the royal 
dock, which was formerly king William the Norman, 
and is now (by 1 1 Will. III. c. 2.) the princefs Sophia of 
Hanover. Hence alfo it is, that in edates-tail, where 
the pedigree from the fird donee mud be driftly proved, 
half-blood is no impediment to the defcent ; becaufe, 
when the lineage is clearly made out, there is no need of 
this auxiliary proof. Alfo, in titles of honour, half- 
blood is no impediment to the defcent ; but a title can 
only be tranfmitted to thofe who are defeended from the 
fird perfon ennobled. 1 lnjl. 15. How far it might be 
defirable to amend the law of defeents in one or two in¬ 
dances, and ordain that the half-blood might always in¬ 
herit, where the edate notorioudy defeended from its own 
proper ancedor; and, in cales of new-purchafed lands, or 
uncertain defeents, fhould never be excluded by the 
whole-blood in a remoter degree; or, how far a private 
inconvenience fhould be dill fubmitted to, rather than a 
long-edablidled rule diould be diaken, is for the legifla- 
ture to determine. The rule, then, together with its il- 
ludration, amounts to this: that in order to keep the 
edate of A. as nearly as podible in the line of his pur- 
chafing ancedor, it mud defeend to the ilfue of the neared 
couple of ancedors that have left defeendants behind 
them; becaufe the defeendants of one ancedor only are 
not lo likely to be in the line of that purchafing ancedor, 
as thole who are defeended from both. 
The feventh and lad rule or canon is, that, in colla¬ 
teral inheritances, the male docks fliall be preferred to 
the female ; (that is, kindred derived from the blood of 
the male ancedors, however remote, (hall be admitted 
before thofe of the blood of the female, how'ever near ;) 
unlefs where the lands have in faft defeended from a fe¬ 
male. Thus the relations on the father’s fide are admit¬ 
ted in infinitum , before thofe on the mother’s fide are ad- ' 
mitted at all; Litt. 4.. and the relations of the father’s 
father, before thofe of the father’s mother, and fo on. This 
rule feems to have been edablifhed in order to effeftuate, 
and carry into execution, the fifth rule, or principal ca¬ 
non, of collateral inheritance, before laid down, that eve¬ 
ry heir mud be of the blood of the fird purchafor. That 
this was the true foundation of the preference of the ag- 
nati, or male-docks, in our law, will farther appear, if 
we confider, that, whenever the lands have notorioufly 
defeended to a man from his mother’s fide, this rule is 
totally reverfed ; and no relation of his by the father’s 
lide, as fuch, can ever be admitted to them, becaufe he 
cannot pofiibly be of the blood of the fird purchafor ; and 
fo, c converfo, if the lands defeended from the father’s 
fide, no relation of the mother, as fuch, fhall ever inhe¬ 
rit. ihjt. 14. But, it has been refolved, that a fine and 
render of lands, claimed by a party, as heir at law, cx 
parte materna, will alter the quality of the edate, fo that 
it fliall defeend to the heir ex parte paterna. Cartkew, 141. 
Alfo, if a man feifed of land, as heir of the part of his 
mother, make a feoffment, and take back an edate to him 
and his heirs, this, as a purchafe, alters the defcent, and, 
if he die without ilfue, the heir of the part of the father 
fliall inherit it. Co. Litt. 12. 
The legal refult of all the above rules and explana¬ 
tions is, that when a man (A.) dies feifed of an ellate in 
fee Ample, it fliall, in the fird place, defeend to his elded 
fon and heir, or his iffue. 2. If his line be extinft, then 
to the fecond or other fons of A. refpeftively, in order 
of birth, or their ilfue, the ilfue of an e'der brother being 
dill preferred to the perfon of a younger, that is to fay, 
the children of the fecond fon, to the third fon himfelf, 
and fo on. 3. In default of fons, or their ilfue, then to 
all the daughters of A. together, or their ilfue. 4. On 
failure of defeendants from A. himfelf, then to the ilfue 
of his father and mother; the elded brother of the 
whole-blood, or his ilfue; or, on failure of them, the 
other whole brothers of A. refpeftively, in order of 
birth, or their ilfue ; or, on failure of them, the fil¬ 
ters of A. of the whole-blood, refpeftively, or their if¬ 
fue. 5. On failure of defeendants from the father and 
mother of A. then to the ilfue of his grandfather and 
grandmother, by the father’s fide ; dill tracing the line 
of relationlhip on the father’s fide, till it entirely fails ; 
when, and not before, recourfe mud be had to the rela¬ 
tions of his mother, in the fame regular fucceflive order 
as in the paternal line. See 2 Blackji. Comm. c. 14, p.200- 
240- 
As to the defcent of reverfions and remainders expec¬ 
tant upon edates of freehold, Watkins, in his Eflay on 
the Law of Defeents (1793) obferves : “ The principles 
which apply to the defcent of an edate in poflellion, do 
not apply to the defcent of an edate in remainder or re- 
verlion, expeftant on an edate of freehold, but they ap¬ 
ply when the particular edate is only for years ; a tenant 
for years being confidered merely as the bailiff of the 
freeholder, and to hold the pofiefiion for him. 1 lnjl. 239. 
b. n. 2. Whena reverfion or remainder, expeftant upon 
an edate of freehold, continues in a courfe of defcent, 
without certain afts of ownerlhip exerted) fuch rever¬ 
fion, &'C. dill continually devolves, on the death of each 
particular heir, to the perfon who can then make himfelf 
heir to the donor or purchafor, w ithout any regard to 
the very heir of the precedent perfon, who fucceeded to 
it by defcent, till, w hen the particular eflate is deter¬ 
mined, it ultimately veds in polfeflion in him, who, at 
fuch determination, is the right heir of fuch donor, pur¬ 
chafor, or original remainder-man ; for, as there was no 
intermediate perfon afhially feifed of fuch reverfion or 
remainder, no one could be the mean of turning its de¬ 
fcent, and becoming a new dock or terminus ; but fuch 
dock mud yet be the donor, purchafor, or remainder¬ 
man,. 
