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[001] first, in his wife's lifetime. A's inheritance is now so delivered that the wardship of
[002] the land and of the heir belongs to his lord and the heir is bound to homage and
[003] accordingly his lord has the marriage. Suppose that B. the wife dies first; the result
[004] seems the same as in the preceding case, that the fee of the lord of whom she held is
[005] delivered and that the wardship of the land and of the heir and the marriage belong
[006] to him. But that is not so, because the homage of the said A., done to the chief lord
[007] in the name of his wife, still continues; that is not dissolved during A's life since
[008] he is entitled to hold his wife's inheritance for his life by the law of England. Thus
[009] while A's homage continues his heir will remain in his potestas and he will not be
[010] bound to homage to the chief lord while his father lives, since one may not at the
[011] same time take two homages from two persons from one tenement.1 What was been
[012] said is applicable in the case of a common heir. If there are different [fathers] it
[013] will be otherwise, as where a man first marries a woman having an inheritance and
[014] after an heir is born the husband dies; the inheritance is not delivered, the wife
[015] being still alive, nor is the marriage. If she afterwards marries a second husband,
[016] or several in succession, the wardship or marriage will never be delivered in her
[017] lifetime or in those of her husbands, as was said above. If she dies and he [her
[018] second husband] marries again, the position is still the same with respect to the
[019] inheritance of his first wife. But when he dies the inheritance will be delivered to
[020] the heir of the first husband. 2A husband or wife may predecease one another by a
[021] greater or lesser time, or by a very small period of time, an hour or a moment, and
[022] that lord must always be preferred whose fee is first delivered. But suppose he
[023] cannot establish which of them died first; recourse must then be had to the more
[024] ancient fee or feoffment, without regard to priority of delivery.

When there are several chief lords, both on the father's side and the mother's.

[026] When there are several chief lords on the side of the father's inheritance and the
[027] mother's, and before both inheritances have been united in the person of the one
[028] heir one is delivered, with respect to the part delivered that lord must be preferred
[029] who is the first feoffor and liege lord, he to whom the ancestor who died did ligeance.
[030] In the same way when the inheritances of both the father and mother, one or
[031] several, are united in the person of the one heir, that lord must still be preferred
[032] who first enfeoffed by military service, all the others being completely excluded,
[033] though there are an infinite number of feoffments. Several chief lords who have
[034] enfeoffed by military service may have right in the marriage


1. Supra 246

2. New paragraph

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