him which was last actually seized; That the Sister of the whole blood, where the elder Brother did enter after the death of his Fa∣ther, and not his Brother of the halfe blood, nor any other collaterall Cosen shall inherit; yet notwithstanding such a one is heire to a common Ancester; in which Rule, every word is to be observed, and so in every Maxim, if the Land, Rent, Advowson, or such like do discend to the elder Son, and he die before any entry, or receit of the rent, or presentment to the Church, the youn∣ger son shall have and inherit; and the rea∣son is, because that in all inheritances in pos∣session, he which claimeth title there unto as heire, ought to make himself heire to him that was last actually seized.
Here the possession of the Lessee for years, or of the Guardian, shall invest the actual pos∣session, and Frank-Tenement in the elder brother.
But he dying seized of a Reversion, or a Remainder, or an estate for life, or in tayle; There he which claimeth the Reversion, or Remainder as heire, ought to make himself heire to him that had the Gift, or made the purchase.
Feodo excludeth an estate tayle, where the second son shall inherit before the daughter.