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Fee-Tayle is, of what body he shall come that shall inherit.
Tenant in Tayle, is said to be in two man∣ners.
Tenant in Tayle General, and Tenant in Tayle Special.
GEneral Tayle is, where Lands or Tene∣ments be given to a man, and his wife, and to the Heires of their two bodies, or to his heires males, or to his heires females.
Tenant in Tayle cannot Will his Lands, nor bargain, sell or grant, but for terme of his life, without a Fine, or Recovery.
If a man will purchase lands in Fee, it be∣hoveth him to have these words, Heires, in his purchase.
If a man would grant Lands in Tayle, it behoveth him to appoint what body they shall come of.
Yet a devise of lands to a man and his heires males, is a good Intayle; and of lands to a man for ever, a good Free-Simple.
Inheritance is an estate which doth di∣scend; it may not lineally ascend from the son which purchaseth in Fee, and dyeth, to his Father; but discendeth to his Uncle or Brother, and to his heires, which is the next of the whole blood, for the half blood shall not inherit: But the most worthy of Blood, as of the blood of the Father before the Mother; of the elder Brother before the other, and borne within espousall.
A discent shall be intended to the heire of
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.
And if the Lands be once settled in the blood of the father, the heire of the mother shall never have them, because they are not of the blood of him that was last seized.
And to the heire of the blood of the first Purchaser;
As if the Father purchase Lands, and it di∣scendeth to the son, who entreth, and di∣eth without heires of the Fathers part, then the Lands shall discend to the heires of the mother or father of the father, and not to the heires of the mother of the son; although they are more neer of blood to him that was last seized, yet they are not of the blood of the first Purchaser.
If the heires be females in equal distance, as Daughters, Sisters, Aunts, and so forth, they shall inherit together, and are but one heire, and are called Parceners.
Doth discend to all the sons, and if no sons, to all the daughters: And may be given by Will by the Custome.