A TABLE OF DESCENT,

EXEMPLIFYING THE ORDER IN WHICH THE KINDRED OF A PROPOSITUS STAND AS REGARDS THE RIGHT OF SUCCESSION, WHERE HE DIED WITHOUT ISSUE.

In the following Table, the figures placed above the persons mentioned, show the order according to the New Law. The figures placed below, within ( ), show the order according to the Old Law.

There are two distinct sets of rules referred to-the one under the Old Law (pp. 470-479), the other under the New Law (pp. 479-487).

The search is to be made up the line of Lineal Cognominal Male Ancestors, and down the line of their wives. This is the leading principle; and it appeared to the writer that a Table so arranged was better adapted to illustrate this principle, and give the student a clear and accurate notion of the course of descent, than the zigzag or sinuous mode usually adopted

[To face p. 490

CHAPTER II.

OF SUCCESSION.

SUCCESSION is the devolution or transmission of real or personal property, on the death of, and from, persons in a corporate character, to other persons who succeed them in that character.

PART III. T. 1, CH. 2.

Definition.

real estate.

Real estate passes from corporations to their successors, Succession to as it does from natural persons to their heirs.

personal

Chattels real and personal, whether the word successors Succession to is used or not, pass by succession, by the common law, in estate. the case of the Sovereign and all aggregate corporations, who, in judgment of law, never die, and of such single corporations as are heads of an aggregate body, whom they represent, which never dies; such as a master of an hospital or a dean. And they may so pass, by special custom, in the case of certain other sole corporations, for some purposes. But generally no such right of succession exists in the case of sole corporations; because, if a chattel interest granted to a sole corporation and his successors, were allowed to devolve to such successors, the property thereof must be in abeyance from the death of one owner until the appointment of the successor; and this is contrary to the nature of a chattel interest, which can never be in abeyance, or without an owner, but a man's right therein, when once suspended, is gone for ever (a). And hence if a lease for years is made to a bishop, parson, or other sole corporation, and his successors, it will go to the executors of the lessee (b).

(a) 2 Bl. Com. 430-432; Co. Litt. 9 a (1); 46 b; Watk. Conv. 3rd ed. by Prest. 258.

(b) Co. Litt. 46 b; 2 Bl. Com. 431; 1 Cruise T. 8, c. 1, § 25; Watk. Conv. 3rd ed. by Prest. 258.