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Where Mortdancester lyeth.
IT lyes for the Heir, where his Father, Mother, Brother, Sister, Uncle, Aunt, Nephew, or Neece, dieth seised of any Lands of an estate in Fee, and an Estranger abates, there the Heir shall have a Mordancester, and when his Fa∣ther were seised and disseised, the day that he dyed, yet it lyes. Fitzh: fol. 195. C.D.
If Tenent by the Curtesie alien, the Heir shall have Mor∣dancester unlesse he hath assets by him, And if a Guardian hold over, the Heir at full age shall have a Mortdancester: Fitzh: fol: 196. E. F.
Mordancester doth not lye upon Lands devisable by Will, and it is reason, for it is true, that the Ancester was seised, the day that he dyed, and that he dyed seised, and the Te∣nant is Heir in apparence. Fitzh: fol: 196. I. 4 Ed: 2. Fitzh: Mordancester 39.
It is a good bar to plead devise of the same Ancester, and so it seems where there is a devise now by the Statute of Wills, Abridg: Book of Assises, fol: 120. & 32 H. 8. Chap. 2.
One Coparcener shall not have a Mortdancester against another, where their Ancester dyed seised, and one enters in all, and holds out his companion, but (nuper obiit) and if the Ancester dye seised of an estate tail and one enter, and deforce the other, he shall have a Formedon, and not a Mortdaneester. Fitzh: fol: 196. L.