An Essay Towards the Further Elucidation of the Law of Descents With An Appendi

Cover An Essay Towards the Further Elucidation of the Law of Descents With An Appendi
An Essay Towards the Further Elucidation of the Law of Descents With An Appendi
Charles Watkins
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Do not we give the preference to the grandmother rather than to the grandfather? To the wife than to the husband ? To the female than to the male ? Can we be said to prefer the grandfather, when we shut out his mater- nal heirs from the succession? If a per- son's blood be composed of that of both of his ancestors, must not his blood be consi- dered as existing till that of both of his ancestors be no more? If the blood of the mothei- (the mother of an ancestor, how- ever remote, ) continue, mu...st it not be a continuance of the blood of the son ? Can his § 3. LAW OF DESCENTS. 187 his blood be considered as exhausted, while one-half of it remains ? Can we deem it wholly extinct when one-half is not taken into consideration (c) ?
From what has been advanced, there- fore, it should seem to follow inevitably that the brother of the paternal great- grandmother ought to be preferred, in the succession, to the brother of the paternal grandmother. But, before the subject be dismissed, it may be proper to consider more particularly what has been urged in favour of the contrary position.


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