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98 OF DESCENT.
and these representatives shall take exactly
as much as their ancestors would have
taken, if alive.
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This taking by representation is called a succession
in stirpes according to the roots, since
all the branches inherit the same share, that
their root, whom they represent, would have
done.
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| Fifth rule. |
The fifth rule of descent is, that,
on failure
of lineal descendants, or issue of the person last
seised, the inheritance shall go to the blood of
the first purchaser; who is the person that first
acquired the estate to his family, whether by
sale, or gift, or any other method, except only
by descent.
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Wherefore, if lands come to a person by
descent from his father, no relation of his mother
can be the heir to inherit these lands; so
if from his mother, no relation of his father can
be the heir to inherit.
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This is the great and general principle, upon
which the rule of collateral inheritances depends,
that, upon failure of issue of the last
owner, the estate shall go to the blood
of the first purchaser. He who would |
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