Page:Halsbury Laws of England v1 1907.pdf/529

 — Part

II.

Rights and Duties of Aliens.

307

As regards leaseholds, an exception was early made by the law merchant in favour of alien merchants (0, who were allowed to hold leases of houses, but only for themselves and their families and In 1844 the right to hold leasehold for the purposes of their trade. lands was extended to all aliens, but it was still limited to lands held for the purpose of residence of the alien and his family or of his business and trade and to terms not exceeding twenty-one years {u).

No

descent could be traced through an alien ancestor (x) alien pending the institution of an inquisition escheated to the Crown on his death intestate, because he could have no heirs (y). The son of an alien father and English mother, born out of the allegiance of the Crown, could not inherit But since 1700 all naturalto his mother in this country {z). born subjects may inherit as heirs and may trace their descent from any of their ancestors lineal or collateral, although such ancestors were born out of the allegiance of the Crown (a). The status of natural-born British subjects which is conferred by statute {h) on the children and grandchildren born abroad of a father who was a natural-born British subject at the time of their birth is purely personal, and is not made transmissible to the descendants of the persons to whom that status is given (c). An alien can bequeath or receive as legatee every kind of personalty((:Q. He can also take the proceeds of land devised in trust for sale(e), but previously to 1870 a devise of lands to him was voidable (/), and lands so devised could be seized by the Crown after office found (g). Where a trust of freehold or copyhold lands was created in favour of an alien by will the beneficial interest passed to the Crown (//), and the Court of Chancery v/ill enforce such a trust in the Crown's favour if made before 1870 (i). The will of an alien domiciled abroad must be made in accordance with the law of the country where he is domiciled, even though the property disposed of is personalty and his domicile of origin is British (7).

676.



Sect.

Leaseholds,

Descent,

and the lands held by an

(t)

(u) (x)

(y)

Com. 360; Co. Litt. 2 b. Naturalization Act, 1844 (7 & 8 Yict. c. 66), s. 5. Co. Litt. 8 a; Bittson v. Stordy (1856), 2 Jur. (n. S.) 410.

1 Bl.

Co. Litt. 2 b.

d. DuroureY. Jones (1771), 4 Term Eep. 300. 11 & 12 Will. 3, c. 6, as explained by 25 Geo. 2, c. 39. (b) 7 Anne, c. 5, 4 Geo. 2, c. 21, and 13 Geo. 3, c. 21. (c) Be Oeer v. Stone (1882), 22 Cb. D. 243 see p. 303, ante. Wells v. Williams (1697), 1 Lutw. 34. (d) 1 Bl. Com. 360 (e) Du Hourmtlin v. Sheldon (1839), 4 My. & Cr. 525. (/) Shep. Toucb. 404. [g) Duplessis v. A.-G. (1753), 1 B. P. C. Toml. 415; Fourdrin v. Qowdey 408 ; Shar^ v. St. Sauveur (1871), 7 Cb. App. 343. See (1834), 3 My. & p. 306, ante. {h) Barroiv v. Wadkin (1857), 24 Beav. 1. (?) Sharp V. St. Sauveur, suyra. (,/) BloQcam v. Favre (1884), 9 P. D. 130, wbere it was beld tbat an alien could not by virtue of the Naturalization Act, 1870, make, if domiciled abroad, a valid will according to the provisions of Englisb law, tbougb an Euglisb subject domiciled abroad migbt do so under 24 & 25 Yict. c. 114, and it was also beld tbat in determining wbat is a valid will of an alien the general principles of law prior to tbat year are still applicable. See also title Wills. (z)

Doe

(a)





K

X

2

i.

Alien F riend s,

wills.