Bracton: Thorne Edition: English. Volume 2, Page 198

Harvard Law School Library

Bracton Online -- English

Volume 2, Page 198

Next

Go to Volume: Page:

[001] line. ¹The computation of descent is not to be made through all persons who once
[002] were² heirs, even though nearer heirs, but only through those who survive the
[003] deaths of their ancestors, by which the proprietary right descends to them, or at
[004] least to the heirs of their bodies, for if one has several sons and daughters and the
[005] eldest son and nearer heir dies without an heir of his body in his father's lifetime,
[006] the next oldest at once begins to be the nearer heir, as though his brother had never
[007] been in existence, and since no proprietary right descended to the eldest brother in
[008] his lifetime let no mention be made of him but let the computation of descent be made
[009] directly to the younger son who survived so that the right descended to him.³ The
[010] same will be true if the eldest brother has children and they all die during the life of
[011] the common father before any right has descended to them. ⁴<But in truth, whether
[012] or not the eldest son dies during the life of his father or other ancestor, and whether
[013] he has children or not, mention ought always be made of him in any descent,
[014] because of the right which would have descended to him had he survived his
[015] ancestor's death.>⁵ But if the eldest brother or his children (if he has such) survive
[016] the common father for at least an hour, thus surviving the descent of the right
[017] to them, and die immediately, mention must be made in the descent of him to
[018] whom the right descended. And so if there are several persons and heirs to whom
[019] the right has descended successively and by degrees, each must be mentioned in
[020] the descent. [The descent must be counted] thus, beginning from the common
[021] origin, ‘and whereof such an ancestor was seised in demesne as of fee etc., and
[022] from such a one,⁶ [the right] descended [and ought to descend as some say,] to such
[023] a one as son and heir, and from such⁷ to such a one’, and so from heir to heir to
[024] the demandant, statements which cannot be made as to one who died without an
[025] heir in his father's lifetime, or if he had heirs all died⁸ while the father was still
[026] alive, before any right had descended to them. But if an eldest brother dies during
[027] his father's lifetime leaving an heir, then let the computation of descent be made
[028] in this way: ‘and whereof such an ancestor was seised etc. and from him the right
[029] ought to descend to such a one as son and heir (it must not be said that anything
[030] did descend to him since he did not survive so that it could descend; and thus,
[031] having so made mention of the son who predeceased his father, let this be said) ‘and
[032] because such son did not survive so that the right could descend to him from such
[033] ancestor, the right descended to such a one as grandson (or ‘granddaughter’),
[034] and so on descending to the demandant.’

Notes

1. New paragraph

2. ‘extiterunt’

3. Supra 197, but see the addicio below; Br. is of two minds on this matter: infra 367, 377, iii, 280, 306, iv, 173, 174

4. Supra i, 383, from below

5. Infra 367, 377, iv, 174

6. ‘tali,’ as infra iv, 173; Fleta, vi, ca. 2

7. ‘tali,’ as above

8. ‘decesserunt’