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OF DESCENT. 99
have been heir to the father of the deceased, or
to the mother, or any other purchasing ancestor,
shall also be heir to the child.
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The sixth rule of descent is, that the collateral
heir of the person last seised, must be the
next collateral relation of the whole blood, either
personally, or by representation. This proximity
is to be reckoned according to the canonical
degrees hereafter mentioned.
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Sixth rule. |
It is to be observed, that the heir need not
be the nearest relation in an absolute, but in a
qualified sense, that is, he must be the nearest
relation of the whole blood: for if there be a
much nearer relation of the half blood, the more
distant relation of the whole, shall be admitted
in total exclusion of the half blood.
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A relation of the whole blood, is such person
as is derived, not only from the same ancestor,
but from the same couple of ancestors, for, as
every man's own blood is compounded of the
bloods of his respective ancestors, he only is
properly of the whole blood with another, who
hath (so far as the distance of degrees will permit)
all the same ingredients in the composition
of his blood, that the other hath.
G 2
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