with Notes of Reference (1803)St. George Tucker Discourse Concerning the Several Acts Directing the Course of Descents
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1. 1 L. V. 1710, c. 13, §. 4 .... 1727, c. 4, §. 11, etc- 1748, c. 1, Sec. 14.
2. A copy of this act may be found bound up with some of the editions of 1733. It is also abridged by Mercer, p. 202. The act of 1748, c. 1, Sec. 15 and 16, contains some further provisions, than that of 1734, c. 6.
3. 2 Bl. Comm. 209.
4. Co. Litt. 163, 188, 243, Litt. Sec. 398.
5. Co. Litt. 243.
6. 1748, c. 1, Sec. 28, 4", fcc.
7. 1785, c. 63
8. 1785, c. 62.
9. Sec. 2.
10. vi. Chris, notes on B. C. V. 2. 208.
11. 2. B. C. 169. 1 Salk 228. 1 Inst. 29. 6. The rule in the civil law is Qui in utero sunt, in jure civili intelliguntur in rerum natura esse, cum de eorum commodo agatur.
12. V. L. 1781, c. 62 Etli 1794. c 90.
13. 2. B.C. 208, 210, 212. 1 Inst. 11.
14. 3 Blacks. Com. 227.
15. 1 Blacks. Com. 459.
16. Children pretermitted in their father's will, further provided for. 1794. c. 170.
17. 2. B C. 188. 194... Co. Litt. 164. 200 .... 2. Wils. 232. S I/MO. c. 15. V. L.
18. V. L. 1786, c. 60.
19. It took effect, July 1, 1757. 2. B.C. 223.
20. 2. B. C. 230.
21. 4 Bac. Abr. 638. 2 Wash. 296, 209.
22. Gub. Hist C. P. 212.
23. 2 B. C. 249, 254. V. L. 1785. c. 60, Sec. 11.
24. By the statute 1 James I. c. 4. Sec. 6, any child sent beyond seas for a popish education, was disabled from inheriting, having, or enjoying; any lands within the realms of England, but the statute contained no declaration who should have the lands. And thereupon, a subsequent statute, 3 Jas. 1, c. 5. Sec. 17, was made, declaring, that his next of kin, not being a popish recusant, shall have and enjoy the land, until such time as the person beyond seas shall conform himself to the injunctions of the statute.
25. 2 Blacks. Comm. p. 255.
26. Ibid. P- WT.
27. Litt. Sec. 647.
28. 1 Inst. 8, 6.
29. Litt. Sec. 646.
30. Co. Litt. 165.
31. Ibid. 165. & 2 B. C. 217.
32. The king, in the case of parceners of a title of honor, may direct which one of them, and her issue shall bear it; and if the issue of that one, become extinct, it will again be in abeyance, if there are descendants of more than one sister remaining. But upon the failure of the issue of all, except one, the descendant of that one, being the sole heir, will have a right to claim, and to assume the dignity .... Christian.
There are instances of a title, on account of a descent to females, being dormant, or in abeyance, for many centuries. Harg. Co. Litt. 165.
33. Dyer, 340. 1 Rep. 101. 2 Blacks. Com. p. 182.
34. Fearne 307, 315.
35. Cited Fearne 318. 1 Eq. Ca. 188, Case 11.
36. Fearne 593, 394. Carth. 310.
37. L. V. Edi. 1794, c. 93.
38. Since this tract was transcribed for the press, the author of it has been gratified in finding his ideas upon this subject confirmed by the decision of the court of appeals in the case of Drown et al. vs. Turberville et al. 2. Call's Reports 390, just published. The case was shortly this: George Waugh of full age, died intestate without issue, and unmarried, seized and possessed of an estate partly derived by devise from his father Goury Waugh, and partly by descent from his brother Robert Waugh, leaving an uncle, and three cousins, children of a deceased uncle of the whole blood, on the mother's side, and an uncle of the half blood, likewise on the mother's side, and two relations on the father's side. The estates were ordered to be divided into two moieties, of which one was to be divided between the two relations on the father's side; and the other to be allotted to those on the part of the mother, as follows: two fifths to the uncle of the whole blood; two fifths to the three cousins; and one fifth to the uncle of the half blood .... 2. Call's Rep, 390.
39. Call's Hep. 1 vol 394.
40. L. V. Edi. 1794, c. 93.
41. Extracted from the Examiner of November 20, 1801.