Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/222

 208 nature and degrees of kindred being thus in ome meaure explained, I hall next proceed to lay down a eries of rules, or canons of inheritance, according to which etates are tranmitted from the ancetor to the heir; together with an explanatory comment, remarking their original and progres, the reaons upon which they are founded, and in ome caes their agreement with the laws of other nations.

I. firt rule is, that inheritances hall lineally decend to the iue of the peron lat actually eied, in infinitum; but hall never lineally acend.

explain the more clearly both this and the ubequent rules, it mut firt be oberved, that by law no inheritance can vet, nor can any peron be the actual complete heir of another, till the ancetor is previouly dead. Nemo et haeres viventis. Before that time the peron who is next in the line of ucceion is called an heir apparent, or heir preumptive. Heirs apparent are uch, whoe right of inheritance is indefeaible, provided they outlive the ancetor; as the eldet on or his iue, who mut by the coure of the common law be heirs to the father whenever he happens to die. Heirs preumptive are uch, who, if the ancetor hould die immediately, would in the preent circumtances of things be his heirs; but whoe right of inheritance may be defeated by the contingency of ome nearer heir being born: as a brother, or nephew, whoe preumptive ucceion may be detroyed by the birth of a child; or a daughter, whoe preent hopes may be hereafter cut off by the birth of a on. Nay, even if the etate hath decended, by the death of the owner, to uch brother, or nephew, or daughter; in the former caes the etate hall be deveted and taken away by the birth of a pothumous child; and, in the latter, it hall alo be totally deveted by the birth of a pothumous on. Rh