OF DESCENT. 101
the person seised the root, or stock, from which
the inheritance by right of blood must be derived.
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If a man is a purchaser of land, and leaves a
son and daughter, by a first wife, and a son by
a second wife, and the son of the first wife after
the death of the father, is seised of he land
descended from the father, the daughter becomes
entitled to it, as heir of her deceased brother;
the seisin of her brother having made him
the stirps, or root, whence the inheritance must
be derived; and yet the son by the second wife,
by the decease of his father's first son, is the
heir of the father: wherefore, if the son by the
first wife had not been seised, the son by the second
would be entitled, as heir to his father,
the person last seised.
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Again--the half blood cannot claim the inheritance
as heir, and yet may happen to become
entitled, as heir of the person last seised,
to land originally purchased by one of the half
blood; as thus,
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A man hath a brother of the whole blood,
and a son by a first, and also a son by a second
wife--the son by the first, (or second wife)
purchases land in fee, and dies without issue--
G 3
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