applicable to the legal estate are usually adopted, but this is not absolutely necessary. If writing is used and duly signed to satisfy the above statute, and the intention to create or transfer is clear, it is quite sufficient.

What is the meaning of a term upon trust to attend the inheritance?

Long terms of years are sometimes created for various purposes, principally for raising money. Should the purposes of the term be satisfied it was advisable to keep it on foot, because it protected purchasers from mesne incumbrances (i.e. incumbrances created since the creation of the term), of which they had had no notice. So the purchaser got it assigned from the trustee to new trustees of his own choosing" in trust to attend the inheritance."

How has it been affected by Statute?

This assignment is now rendered unnecessary, for by 8 & 9 Vict. c. 112, sect. 1, all satisfied terms which were attendant on the 31st December, 1845, are to cease and determine on that day, unless made expressly attendant on the inheritance, and by the 2nd section all terms being satisfied and attendant after the 31st December, 1845, are determined immediately on their becoming so attendant.

CHAPTER XV.

TITLE IN GENERAL.

How may an estate in land be acquired?

(1) By descent or the act of the law, and (2) by purchase or the act of parties.

What is a title by act of law, and what is included in the term? Where the title is vested in a man by the operation of the law without any interference of his own; it includes (1) descent; (2) escheat; (3) dower; (4) curtesy.

What is a title by purchase, and what are the various kinds? Where the title is vested in a man by his own act and agreement, it includes (1) occupancy; (2) forfeiture; (3) convey

ance.

What is descent?

CHAPTER XVI.

TITLE BY DESCENT.

The means whereby a man, on the death of his ancestor, acquires a title to his estate, in right of representation as his heir at law.

What is the meaning of the maxim nemo est hæres viventis, and distinguish between an heir apparent and an heir presumptive?

"No one can be heir of a living person." An heir apparent is a person who is bound to succeed to his ancestor's estate, assuming he survive, as the eldest son. An heir presumptive, is one who would be the heir were his ancestor to die at that particular moment, but who may be ousted by the birth of a subsequent and nearer heir, as in the case of a daughter being postponed to an after-born son.

What is the law of descent founded on?

On custom, tracing back as far as the reign of Henry II., fairly perfected in the reign of Edward I., and undergoing no change until the Inheritance Act, 3 & 4 Wm. IV. c. 106.

What is the first rule of descent, and explain the word purchaser ? (1.) Descent shall be traced from the purchaser, which word includes every one entitled, who did not inherit.

What alteration in the law was introduced by the above rule? The old rule was that the descent was traced from the last seised; "seisiná facit stipitem," being the maxim.

person

What is meant by the term consanguinity, and what are the various kinds?

It is the connection or relationship of persons descended from the same stock or common ancestor. It is―(1) Lineal where one of the kinsmen is lineally descended from the other; (2) Collateral where they are lineally descended, not one from the other, but both from the same common ancestor.

What is the effect of a devise to a man's heir eo nomine?

By 3 & 4 Will IV. c. 106, s. 3, in case of such a devise by a testator dying after the passing of the Act (31 Dec., 1833), the heir would take by purchase, and not by descent.

What is the second rule of descent?

(2.) Inheritances lineally descend to the issue of the purchaser in infinitum.

State the third rule. Whence do the law of primogeniture and the preference of males to females derive their origin?

(3.) Children of the purchaser are preferred to their issue, but males to females. Where there are two males of equal degree, the eldest inherits; females altogether. The law of primogeniture seems to have sprung from the custom of the Jews, amongst whom the eldest son took a double portion of the inheritance, as also amongst us he had, in the time of Henry I., the principal fee of his father. Again, the inconveniences of splitting the fee were severely felt in cases of titles of nobility; consequently, the eldest son invariably began to succeed. The preference of males to females was probably derived from the feudal system, because no woman could ever succeed to a feud, she being incapable of military service.

What is the fourth rule of descent? Distinguish between succession per stirpes and per capita ?

(4.) The lineal descendants in infinitum of the purchaser represent the ancestor, that is, stand in the same place as he would have done had he been living, subject of course to the last rule. Succession per stirpes is taking by the roots, that is to say, that each branch take the same share as the root they represent. Per

E

capita is taking share and share alike as next of kin of the deceased without reference to the stock of descent.

What is the fifth rule of descent; and what alteration has it effected in the law of descent?

(5.) On failure of issue of the purchaser the nearest lineal ancestor inherits, assuming there be no issue of a nearer lineal ancestor existing.

An ancestor was never capable of being heir before the introduction of this rule of descent; the land would formerly have escheated rather than it should ascend.

What was the reason that originally inheritances were never allowed to ascend?

Because of the feudal law. Feuds or fees were held in three ways; (1) as a feudum antiquum; (2) as a feudum novum; (3) as a feudum novum ut antiquum. In the first instance as the son was presumed to have inherited from his ancestor, the father must have been dead before the fee could have passed by him to the son. If it was a feudum novum the ancestor could not succeed to it, because of the feudal maxim, Hæreditas nunquam ascendit, founded on the rule that the heir must be of the blood of the purchaser, and on the fact that the lords did not wish for decrepit vassals. If it were a fee of the third class, viz., ut antiquum, he would be excluded by the reason first mentioned.

State the sixth rule of descent?

(6.) Among lineal ancestors of the purchaser the paternal line is preferred to the maternal, whether of the purchaser himself or of any ancestors, male or female.

What is the seventh rule of descent, and what branch of the inheritance does the rule embrace?

(7.) Assuming the ancestor mentioned in the fifth rule to die before the purchaser, his issue represent him in infinitum, in the same manner as the issue of the purchaser; but inasmuch as this rule embraces collateral relations, those of the whole blood are preferred to those of the half.

What alteration has been effected by the latter rule?

This last rule introduced considerable alteration, because previously the half blood could never inherit; the lands would have escheated rather.

Explain the meaning of the maxim "Possessio fratris facit sororem esse hæredem ?"

If a man married twice and had a son and a daughter by his first wife and a son by the second, and died intestate, and then his son died, the daughter of the first marriage would be heir, because she was whole blood to the purchaser, in preference to the son by the second.

How can a man acquire land by purchase under a limitation to "the heirs" or "heirs of the body" of one of his ancestors?

A conveyance of lands to B. for life, with remainder to his "heirs" or "heirs of his body." Whoever is the heir of B. at his death, takes a remainder by purchase; but by the 4th section of 3 & 4 Will. IV. c. 106 if the conveyance be dated after, or the will be of a testator who died after 31st December, 1833, the land descends, and the descent is traced as if the ancestor named had been the purchaser.

How has 22 & 23 Vict. c. 35, s. 19, affected the law of inheritance? By enacting that where there is a total failure of heirs of the purchaser (under which circumstances the land would formerly have escheated) the descent is to be traced from the person last entitled, as if he had been the purchaser.

What do you understand by breaking the descent?

Simply that where an estate which has descended in one particular line as ex parte materna, is sold by one of the parties, or is devised by his will, the old line of descent is broken, and the purchaser or devisee becomes the new propositus.

How far does an estate in fee simple descending on the heir come to him charged with the debts of the ancestor, and does the liability extend to a devisee?

So far as specialty--that is to say, judgment debts, and debts