Cases Decided in the Supreme Court of Appeals of Virginia Volume 27

Cases Decided in the Supreme Court of Appeals of Virginia Volume 27

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1829 edition. Excerpt: ...and which.cannot be attributed to any other conceivable object whatever. If the children of all ancestors in the same degree, living and dead, were included in this provision, then, by force of this provision alone, a representation to a common ancestor would be prohibited in all cases, without any reference to any principle of the Common Law. If the children of a living ancestor were excluded from the terms of this provision, then the Statute would prohibita representation to a deceased common ancestor only: and in that case, the principles of the Common Law of Descents would prohibit a representation to the living ancestors, since no one can represent and take the share of any one who is alive and can take it herself. This view of the provisions of the 14th section cannot be avoided by the supposition, that in no case could a child of a common ancestor come into the partition unless at least one of the common ancestors (the male) were dead. If a woman had two children by a first, and one by a second husband, and one of the two were to die intestate, the surviving brother of the whole blood, the mother and the brother of the half blood would succeed, although the latter would not be achild of any deceased ancestor of the intestate: and although this particular case is embraced in the terms of the 14th section, yet cases might occur in which not one of those succeeding, would be the children of any deceased ancestor of the intestate, as if the onlyrelations of the intestate were a great grand-mother, and her children, and other descendants, all of them of the half-blood; a case totally unprovided for by representation to a deceased common ancestor, and it not being necessary to introduce that word for that purpose, it could only more

Product details

  • Paperback | 260 pages
  • 189 x 246 x 14mm | 472g
  • United States
  • English
  • Illustrations, black and white
  • 1236757270
  • 9781236757272