Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/241

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Ch. 14.
of Things.
227

be obſerved, with regard to ſex, primogeniture, and repreſentation, that have juſt been laid down with regard to lineal deſcents from the perſon of the laſt proprietor.

But, ſecondly, the heir need not be the neareſt kinſman abſolutely, but ony ſub modo; that is, he muſt be the neareſt kinſman of the whole blood; for, if there be a much nearer kinſman of the half blood, a diſtant kinſman of the whole blood ſhall be admitted, and the other entirely excluded.

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 whole or 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 hath. 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 of 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 brethren are not brethren of the whole blood, and therefore ſhall never inherit to each other, but the eſtate ſhall rather eſcheat to the lord. Nay, even if the father dies, and his lands deſcend to his eldeſt ſon A, who enters thereon, and dies ſeiſed without iſſue; ſtill B ſhall not be heir to this eſtate, becauſe he is only of the half blood to A, the perſon laſt ſeiſed: but, had A died without en-

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