Descent to the father of the purchaser, and his issue.

Descent to the male paternal ancestors of the purchaser, and their issue.

(m) See Appendix (B).

All the male paternal ancestors of the purchaser, and their descendants, are now supposed to have failed; and by the sixth rule, the female paternal ancestors and their heirs are next admitted. By the eighth rule, in the admission of the female paternal ancestors, the mother of the more remote male paternal ancestor, and her heirs, shall be preferred to the mother of a less remote male paternal ancestor and her heirs. Barbara Finch (22ndly), and her heirs, have therefore priority both over Margaret Pain and her heirs, and Esther Pitt and her heirs; Barbara Finch being the mother of a more remote male paternal ancestor than either Margaret Pain or Esther Pitt. Barbara Finch being dead, her heirs succeed her; she therefore must now be regarded as the stock of descent, and her heirs will be the right heirs of Benjamin Brown the purchaser. In seeking for her heirs inquiry must first be made for her issue; now her issue by Edward Brown has already been exhausted in seeking for his descendants; but she might have had issue by another husband; and such issue (23rdly) will accordingly next succeed. These issue are evidently of the half blood to the purchaser. But they are the right heirs of Barbara Finch; and they are accordingly entitled to succeed next after her, without the aid they might derive from the position expressly assigned to them by the seventh rule. The common ancestor of the purchaser and of the issue is Barbara Finch, a female; and, by the united operation of the other rides, these issue of the half blood succeed next after the common ancestor. The latter part of the seventh rule is, therefore, explanatory only, and not absolutely necessary (n). In default of issue of Barbara Finch, the lands will descend to her father Isaac Finch (24thly), and then to his issue (25thly), as representing him. If neither Barbara Finch, nor any of her heirs, can be found, Margaret Pain (26thly), or her heirs, will be next entitled, Margaret Pain being the mother of a more remote male paternal ancestor than Esther Pitt; but next to Margaret Pain and her heirs will be Esther Pitt (27thly), or her heirs, thus closing the list of female paternal ancestors.

Descent to the female paternal ancestors and their heirs.

Half blood to the purchaser where the common ancestor is a female.

(n) Sec Jarman & Bythewood's Conveyancing, by Sweet, vol. i 146, note {a).

Next to the female paternal ancestors and their heirs comes the mother of the purchaser, Elizabeth Webb, (28thly) (supposing her to be alive), with respect to whom the same process is to be pursued as has before been gone over with respect to Joseph Brown, the purchaser's father. On her death, her issue by John Jones (29thly) will accordingly next succeed, as representing her, by the fourth rule, agreeably to the declaration as to the place of the half blood contained in the seventh rule. Such issue becoming extinct, the nearest male maternal ancestor is the purchaser's maternal grandfather, William webb (30thly), whose issue (31stly) will be entitled to succeed him. Such issue failing, the whole line of male maternal ancestors and their descendants must be exhausted, by the sixth rule, before any of the female maternal ancestors, or their heirs, can find admission; and when the female maternal ancestors are resorted to, the mother of the more remote male maternal ancestor, and her heirs, is to be preferred, by the eighth rule, to the mother of the less remote male maternal ancestor, and her heirs. The course to be taken is, accordingly, precisely the same as in pursuing the descent through the paternal ancestors of the purchaser. In the present table, therefore, Harriet Tibbs (32ndly), the maternal grandmother of the purchaser, is the person next entitled, no claimants appearing whose title is preferable; and, should she be dead, her heirs will be entitled next after her. On the failure of the heirs of the purchaser, the person last entitled is, as we have seen (0), to be substituted in his place, and the same course of investigation is again to be pursued with respect to the person last entitled as has already been pointed out with respect to the last purchaser.

Descent to the mother of the purchaser and the maternal ancestors.

It should be carefully borne in mind, that the above-mentioned rides of descent apply exclusively to estates in land, and to that kind of property which is denominated real, and have no application to money or .other personal estate, which is distributed on intestacy in a manner which the reader will find explained in the author's treatise on the law of personal property (p).

(o) Ante, p. 106.

(p) Page 25G, 1st ed.; 275,2nd ed.; 283, 3rd ed.; 299,4th ed.; 332, 5th ed.; 339, 6th ed.; 354, 7th ed.