Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 40

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 40

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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. 1879 edition. Excerpt: ..."A kinsman of the whole blood is he that 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 wholeor entire 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 had. Thus, the blood of john Stiles being composed of those of Geoffrey Stiles, his father, and Lucy Baker, his mother, therefore his brother Francis, being descended from both the same parents, hath entirely the same blood with john Stiles; or he is his brother of the whole blood. But if, after the death of Geoffrey, Lucy Baker the mother, marries a second husband, Lewis Gay, and hath issue by him; the blood of this issue, being compounded of the blood of Lucy Baker (it is true) on the one part, but that of Lewis Gay (instead of Geoffrey Stiles) on the other part, it hath therefore only half the same ingredients with that of john Stiles; so that he is only his brother of the half-blood, and for that reason they shall never inherit to each other. So also, 'if the father has two sons, A. and B., by different venters or wives; now these two brothers are not brothers of the whole blood, and therefore shall never inherit to each other, but the estate shall rather escheat to the lord." 2 Bl. 227. According to the canons of descent of the English common law, as we have seen, kindred of the half-blood did not inherit from each other in any case. Mr. BLACKSTONE states the reason for this rule, and attempts to justify it, while at the same time' admitting its hardship. While there is a general sameness in the statutes of descents...show more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236875265
  • 9781236875266