Star.
London, England, 1829-06-19 00:00:00

• 13.200.1.,
.0 - •

FitID4,I*E.IITING, JUNE 19, 182'1V.:-.

• i

.

• 7. coussiiium,
• TUB Public are fespectfully invited to an inspectioo
of skis' esttpiiteot Exhibition, in its progress towards etwo-
TOlitiiii. The Worts etiidst of a Stupendous PANORAMA of
.;i1:1 LONDON, eaten from the network of St. Paul's—a SALOON
'sw the reception of Worts of Art...an extensive range of CON-
). - SIBRVATOKIII3, stocked, with tag choicest Plants-4M a
:JOS, COTTAOS, &c. At. •
• itinission Five tilling each Person, frost Ten till awl *UP • •

-r

FRENCH PAPERS.

a less remote male ancestor. the paternal great pan&
mother to the paternal grandmother.
On failure of relations on the paternal side of the ant
purchaser, the maternal line is let in, that is, the. uteduirr
of the ***purchaser is considered as- the stock. assel
het ancestors! first on the paternal and then on the
ternal side, as before. It is to be observed. that on fay
lure of heirs of the last proprietor on the side of the
first purehaser,.the estate does not pass to the helm Mt
the last proprietor on the other side, but escheats as
before, an that an estate descended to the deceased prop
prietor frpm his mother, can. never pass to his collar
I,teral relations on the father's side.
It his been laid down in the above statement, that
collateral relations, in order to be let in to inherit, mess
be of the whole blood of the person firma ot through
whom they are to derive their claim. •
Thin a brother of the deceased proprietor by the
same father but a different mother. cannot inherit. to
the deceased proprietor, whether he took by purchase
or descent. The estate will rather escheat, and the same
lis the case with an unclelalf Welber Grebe-fattier, ad/
Asa oo ; this rale, like that which excludes rho lineal an-
cestor, has long been felt to rest on no soond principle.
and to be bard in its operation.
We think that both these rules may be taken away.
:without introducing any uncertainty into the law of is-
hesitance, or materially impairing its symmetry. - •
MM. liT, ell TO TUE magentas; 1.1111.
It appears desirable that the lineal ancestor should be
let in to the succession in such order as to infringe as
little as possible on the present rules, and to found the
' new rule upon some principle already established, *sak-
i iog it agreeable, so far as may be, to the feelings of the
people, and to_ the general policy of the law inheri-
tance. This we think may be best done by introducing
the ancestor wherever the descendants af such ancestor
would be entitled. according to the present rules : the
ascending line would thus come in immediately after the
deneading.l lithe purchaser of en estate died without
issuevand misstate, leavings father. that father would
take before the brothers or sisters or their descemlaste,
and if there were neither father nor brothers or cigars
or their descendants. a surviving grandfather Weald
take berme uncles or aunts. Conformity in the laws is.
plating different species of property is desirable,
a view to the Iseult general uoderstauding of the law ;
accordingly, one recommendation of ibis rule is, that it
would make the transmission of real property, in one
conformable to the law now long established far
the transmission of personal property, which, in case of
the intestacy of a person dying unmarried and without
issue, goes exclusively to the father as next of kiss; a
law which it is believed has not .been found incoom
' Mont, nor considered unfair or objectionable. Tbie fat
they too, as the general dispenser of the family pm.,
petty. seems the fittest person to have the commit over
vrhataver is to devolve by law upon some part of his
family

THZ GAZIITTE DS IRANCII.I SOLAR 17.
PARIS, Julia 16.
• Vessels bound for shore, ports of.the Ottonsaa empire
which Admiral Heiden has just declared 1s a state of
blockade, have been stopped by the Russia* ships. The
cargoes, it is true. base been restored, but the Captains
had been forbidden to proceed to the place of their des-
tination.
It is a principle of maritime law, that a -declaration
of blockade cannot take effect but from the date at
wbroh it can be made known. How, in fact, can it be
conceived that the French and English merchants are
to be made to lose all the disbursements caused by *lc
consignments ? We showed yesterday that the eaten**
of the blockade was contrary to the promises of Rosa&
-Non It is the rights of neutral powers, and the iaterests
oicornmerce, which are violated by it, though it ex-
preised the greatest respect for those rights in its first
declarations.
The Moniterr is silent with respect tolls* delivering
up of the two Neapolitans by M. **seiner* Prefect-I*
Corsica. ft is stated, however, that orders have been
Met to the French Charge d'Affairs at Naples, to claim
the two prisoners.
Letters from Torsion speak of some active prepara-
tions which seem to announce that an attack upon
Algiers is again in contemplation.
Letters from Rome say that the commissioners who
were seat to Albano to observe the phenomena that
have lately occurred there have returned. They have
found that the lakes of Nesse and Castel Caodolfo have
neither fallen nor changed in ecstasy or taste, as was re-
ported. Nevertheless the shocks still continue.
Isms, FONDS. Paws, JUNII 11.-. Five per pan. 108 f. 110 c.
75&—Three per Cents. 711 f. ISe. tae. Bank Scock, 1,"10f.—
Naples Stuck, ISt. !ft.—Royal Spanish Loan, 65L—Spanish
Rake Perpetselle, SOL -Hayden Loan, 4701.—Rsells!Or on
London. one aseath, aSI. me.—Threeassatks,llSf. Sft..—Cenre
Antheidigne.

AnnlikagiN.TO DELIVER. COALS AT Bitl bfilDA
AND CORF{J.
COMMISSARIAT DEPARTMENT,
Truism, Chamber!, June 18, 1829.
. ,
Sucn Proses as are desirous of Contracting with
the Agent fee Coaunisurlat. supplies, to deliver COALS'
st BERMUDA sod CORFU, may receive Particulars of the
Onittaes at this Wm between the hours of Ten and Feur, and
diglient their Tenders sided up. and directed to the Agent for
41MnpilmeFiet Supplest marking thereon " Tender for Coals," en
igdil.ll3lllllll.Y. the NU! 106'4'34110t none will he received
71Welite o'Clock on that day; nap will any Pranged le
.40/AlS*lpienmde on er annexed to printed Puticular, and.
nwieherti4 in Ward. at With WM be sub.
joinalig are Animal signed by TworPseinns of known Pro-
Mt Mpg* to become Wend with the Party tendering, In the.
OS% Ospreeled in the Particulars, for the doe Performance of the
*strut.

ADlrmarr OFFICE, June 15, 1829.
a OTICE IB HEREBY GIVEN, that a Session of
Js‘ Oyer sod . Tornaber, and Gaol Delivery, for the Trial of
Menem committed on the High fins, within the Jurisdiction of
the Admiralty a England. will be held at Justice Han, in the
Old Balky, London, on TUESDAY. the 14th of July next, at
'eight O'clock in the 'horning.
And an Sheriffs, Gaolers, and Keepers of Prisons, in whose
Windy any Prisoners, charged with Mum committed on the
. Seas, or within the said Jurisdiction may be, are hereby
barked to transmit a copy of the Commitment of every such
Prisetteir to Mr. Commas Joon, the Solicitor of the Athol:sky,
st his Office, No. 10, Lancaster-place, Strand. London. In erdsr
Hilt the necessary measures may be taken, for removing all such
iintimers tit Ms Majesty% Gaol of Newpte, for Trial at the said
Iseeded Session: and all Mayors, Justices, Coroners, and other
•Oileersa, before whom any Inquisitions, Informations, Examina-
. ilinna, sr Ectoplasm-es may have been taken, touching any suck
Abates. are required to transmit th. same forthwith to Mr.
rimafirefauton, the Clerk of Arraigns of the High Court of
AOf Ragland. at his °lice, at the Sessions House, in
WAN Balm Lundy's. JOHN LOIROM

PARLIAMENTARY PAPER.

REPORT OF THE COMMISSIONERS ON THE LAW
OF REAL PROPERTY.
(Contused from our Paper of yesterday.) .
INHERITANCE.
The roles which govern the transmission of Freehold
Estates. of Inheritance at Common Law, on the decease
of an absolute proprietor, in the absence of express dis-
position by him, are (for the most part) well under-
stood, and appear to be well suited to the habits and
feelings of the people.
By these rules en estate descends to the eldest or only
son, or his descendants, if he should be dead, leaved,
issue, and neat to the second and other sons, according
to priority of birth, and their descendants; is default
of sons and their descendants it descends to daughters
in equal shares, if more than one, and to the descend.
sets . of any deceased daughters, such descendants
taking the share alga mould have gone to the Oaten
. .
if/ivies. • . . ..
~ . ;
- When these is no lineal desceedent, the estate tees
to the eldest or only brother of the whole blood, that
4 who was born of the slow father and mother as the
deceased proprietor, and to is deiceadantsNif be sboeld
be dead, leaving issues.and to the other brothers in sac-
Mission and- their descendants. If Mere be no brother
or descendants of a brother, the sisters of the whole
blood succeed in equal shares, and the descendants of
deceased sisters, such descendants taking their parent(
share as before.
In case of the failure of brothers and sisters and their
descendants, it becomes necessary to inquire whethit
the deceased proprietor took the estate himself by ler
hesitance, or whether be acquired it immediately by a
deed or will, or in technical language was a purchaser.
In the former case the heir is to be sought in the
family from which the estate descended to the deceased
proprietor, that is, either on the father's side or on the
mother's side, a, it happened; in the latter case the
law gives the prefermace to the relations on the paternal
side, but if there be none such, then it directs the Inhe-
ritance to go to the relations on the maternal side.
• Here occurs a rule, drawn from feudal principles,
which is at variance with ordinary feelings and notions,
and' has been long considered unjust; every lineal an.'
costar of the.decerbed proprietor, whether near or re.
mote, is excluded from immediately inheriting. An
estate may pass to the younger brother of the father,
and upon his death it may pass to the father as his
heir ; but rather than go at once to the father or the
mother of the deceased proprietor, the law directs it to
escheat. that is, to fall, as for want of an heir, to the
lord of whom the land was holden; that is, in most
cases, to the Crown.
Its default, however, of lineal and immediate colla-
teral-heirs and their descendants, the Inheritance is to
be traced through the nearest ancestor, that is, the
father, unless it be a maternal inheritanee, arid if it he
a maternal inheriting, the mother, and it will pass to
his or.her eldest brother of the whole blood or his des
mendaats, and the other brothers in succession and their
descendants; and if none such,, to sisters of the whole
blood and their descendants, in equal shares as before;
in failure et this line, the neat more remote ancestor on
the mote side is made the stock in the same, manner,
and then the next more remote, and so on ; the rule
being still observed that the paternal line has Abe Pre.
'foetus in ascending from the first purchaser, and that
up to the first purchaser the inheritance must be mated
back through the linentancestors by which it descended.
If bars is the'pere male line ascending from the best
. purchaser should fail, then, in compliance with a role
above stated, a fetbale ancestor. or some ancestor of a
"female ancestor is to be made the stock ; and first, it is
&rule that sochsfeatale ancestor is to be taken oo the
.paternal side, if am such can be found, and therefore,
the brother.of the paternal,•grandmother (the father's
Mother) is preferred to the brother of the mother of the
deceased proprietor, be having been the first purchaser.
Here sometimes, though rarely, occurs a point about
which a diffeience of opinion has esisted for a long
reties of years. , • . . .
According to some authorities, when a female stock
vs the paternal side is to be introduced. proximity of
preference,lbia:ldral'isreitoationassleofilthep ae paternal ra:ndslcmono thsligeruena are consequently
1
, prefaced to collateral relations of the paternal great
irtsrathnears:trhalinei .mselmaiOudiiinledtlbjothNelrr.auternsticeitisjiliklagcnkdoLonibib
itit ha* •C9fikrs9l4444lu Om, pedigree. la state be.lraced
I
mut theleibale solormar of the veramestanale
,aticm!c;r"
suspt oasblearr as
et e7stedsibigias: Stihd:kilattoevnathel side
ll
tilleg7Uit::::ol

FOR IRE STACK YARD, GARDEN, AND COLONIAL
• SETTLEMENT. .
PROOF RICK., CLOTHS completely
NealUs a$ Boating for kuit Trees, Marquees
ilsofitila of owlet's sorts, feeprosed thudded Clothe, Tilts, Sadie,
wI other Ankle's, diallar utility. The: Foreign
Nadir, as witless the residemi AseWaal*, may be suppibil with
ISO ibovadedrahle Artlsisa terms, by 1111.11 A MIN
s-, E.
Address, Ibilinaur Eakupet.ok.

. .

technical rut of plooding, the descent from our.
I bother or sister to another has been hitherto considered]
inimediate, and in the opinion of some persons it would
be better to consider that as a substantial rule,. and to
] prefer brothers and sisters to the father ; this, however,
would be introducing an anomaly, especially if the
principle were not followed op by postponing generally
the ancestor to his descendants, the grandfather for in-
stance to the unck.
It-snay be argued in support of such proposal, that
the ancestor, who is likely to be advanced itrlife, may
be expected to be less capable of making a discreet dis-
position of the property, that he may be tempted un-
fairly to divert it to his issue by a different marriage, or
even to make some disposition altogether capricious sod
unreasonable; but the dependence of children on their
parents is acknowledged to be salutary, and when it is
considered that the proposed change of the lawsstill
only come into operation in the absence of express dis-
position, and therefore, it may be presumed, for the
most part, where no strong reason was felt by the de-
ceased proprietor for making a disposition, the general
good' f the tastily seems likely to be best consulted by
vesting the property in its head, rather than in any of
the younger members, and, as already observed, lens
violence will thus be dune to the general system of the
law of inheritance.

BUTLER'S VEGETABLE TOOTH-POWDER.
THIS DENTIFRICE has so long been in general
use, and an appenaap to the fashionable toilet, that it is
almost unneoeseary to offer any further recomasendation in how
sit It. Composed of Vegetables, without the adlnlxture of any
• Mineral sr pernicious ingredient whatever, it is free from the
usual objection so justly formed against the use of other Den-
tidos. Its detente* power is just sufficient to remove those de.
south, particles which adhere to the Gums and the Imp:Moe'
if the Teeth; and if used regularly, will preserve them in a nand
state men to old age,
Sold V boxes at "Iti. 9d. by Messrs. Butler, Chemists, Cheapside,
conger Et. Paula, Landon ; Beekville-street, Dublin; and Primul-
as:wet, Edinburgh; and the principal Medicine Venders. Of
Whitio may be bad, OTTO ROSE, ORANGE FLOWER,
ALMOND, LAVENDER, MUSK, and CAMPHOR SOAPS,
preening doe most delicate fragrance.
. The above Articles, when Genuine, will have the Name
Shol Waves of blows. BIM= attached to them. Particular
landau to this Caution is requested.

. .
' " Dooms et platens uxor."—Hon.
, Thy hake, and (in the cep of Me,
. 1 • • That hootri-droi) thy pleasing wife !
IntiliPlNtSS. " the gay to-morrow of the mind." is
leisured by marriage ; " the strictest tie of perpetual Friend.
114: isa gift from Heaven, cknentbig pleasure with reason, by
eillith.mys Johnson, " we approach in some degree of association
will adrenal inniiiigena." -
Ilireviosi, briwreer, to attiring into this hallowed ougsdeo, is
nommes an imperative duty, not only to regulate the passim. but
. . "demise the grosser nature from those impurities whisk the fret,
ern ot unrestricted pleasure may have entailed weak. To the
nagket of such attention are attributable many of those fetuses
kimancee witch, while they excite the csanniseration of she be
. "Oder. should also impress him with the fear of self.reoltech. „
inikarleire habits will eteminise the body—a residence in the
. , iliiipics will relax the elastic fibre—bet more especially dose the
~..relallanto isfstosnoo of youth too frequently comp:nudes the on-
• , sal digniey-fiats a state of inanition, from- whence the agonised.
;Maui mgn than doubts the chance of relet. To all such *en
we addrees eirmites, offering hope. energy, muscular strength.
• felidtg ;sear will ost advances appear. loestionabis, sanctioned as.
they ate by the kialdplied proofs of e 0 years' successful experience.
. , .The easy cares of married life are sometimes disturbed by the
ampenslon of that bleedings which concentrate the nuptial wreath
--foe the female habit is skate constitutionally wash—yet is ea* her
nkongthinied, sad deficient energy improved Into functional power.
... killirtg.caes of syphilitic Intrusion, as wen as in every relaxation
. If .111, gateratke 'many. we pledge oar ability to curs speedily,
led wish 'gest. Earnestly Without to expel the unfeeling enipyric
keep the position so presomptuossiy taken up, we deviate from
gement priadpks with; less hesitation ; and manikin in our own
. honoinahle hungrily a. Members of the . Conege of Surgeons, we
• ache the Milk:rise community of either Sex (especially tbose.en-
• . *tie into usatranuoial We) at once to our house, where daily'
....imonianks is gives foe personal consultation ; and letters' from the
*terry are imniediately ethwen-d ; these must centain a remit-
' i *nee far Advice and. Medicine, which can be forwarded to eery
.r 'on a she world, however distant. •
...
. ~ ;. . ; - • , . •,_ . • Glenn and Ca Mill.C. Sorgeens,
..• ~,. , , . i :.,; No.. 11, "isomeric greet, Fleetemteet, Inndom
• • ilft..Jeat PlPltheite4•o4tveisteetth Militias* i. The /Eck of L*e.
, _i tomato. Ciminielicai on ,t 1; skome thataset. . ed; livecusea.
adoirisel" eitcfumeely to the mak tel. May be had at 14,
. • uteizo..,dt rest, Soho; cis, Vie. It...treet ;4, C.atherion-atteet,Arg..
e
. 1... , thine*, ;ad Piper, in,"Pateektietet.ton, •' andClia
Mla Pall-roolk ;f441134.1 . rewire,' TO,' Graitan•atitot flit :
trher.p.se, 'Emeriti., Glasgow.; so alhoweatet, lidinheralt i
at of llodhardins. Price 4. , .:. . . •

The same reasons we consider should prevail against
a plan which has been proposed of giving to the ancestor
as interest during his life only. •

20.—As TO THZ HALF BLOOD.

We think it advisable that no distinction should exist
between the whole and the half blood, except that pre-
ference should be given to the whole blood of the first
purchaser, as between his kindred in equal degree or
their descendants, with the exception of a single case
afterwards mentioned.

The following reasons seas to us sufficient for putting
the whole blood anti the ban Wood on an equal footing,
with the a►ove exception-
-Ist. One ancestor only of any couple of ancestors,
being the person Irons or through whoa the inheritance
descends, it seems needless to have any regard to the
other ancestor. Thus, if land descend from the father
to the eldest son, there seems no reason why it should
not pass irons him to the second son, whether born of
the same or another mother.

gd. The rule is recommended by the principle of
conformity already suggested, as in the transmission of
personal, estate, tile whole blood aad half blood stand
on an equal footing, and so in case of descent of a title
of nobility, or of an estate tail.
Sd. The diffeienee between the whole and the half
blood, however' well understood by lawyers, is, it is
believed, not familiar to the public ; lands are therefore
liable to be left to descend contrary to the intention of
the owner, and they are liable to be claimed and to be
possessed contrary to the law without an evil intention ;
and farther, in deducing the title on Woof estates, the
circumstance of the h blood, being not of very fre-
quent occurrence, isliable to be overlooked by those
who prepare the abstract of title„, and by those who
know nothing of the pedigree but what is laid beOss
them, and thus a bad title may be approved of by the
advisers of a purchaser fur valuable considered°n
and accepted by him; whatever leads to insecarity of
titles, is of coolie, independent of other coesiderations,
greatly objectionable.
Some of the above Mauna' apply with equal force OD
the ease it which the person who died seised was him-
self the purchaser.
The reason which has inclined us ti give a limited
peefetence to the whole blood is this eats is. that svhda
-0611 parent tag issue by another nastier, tbscommesigAl
between the members of the two families is hilt to be

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—l--mie-lt less them between the members of each family. i
-- - *hole brother or bitter, or the is..u.
" brother by a diffe.

tiebell less them between the member* of eaell family.
'le brother leave a whole brother or sister, or the issue
of either of these. and Amato elder brother by a dare.
gent marriage, it would be repugnant to common feel.
lags and motions to direct his estate to descend to the
half brother, although else left.a brother or sister of the
half blood, or the issue cinch. and only a more remote
relation of the whole blood, the proximity of kindred
would seem to give a reasonable preference to the foe.
line. It would be desirable :if, with reference to the
half blood, a distinction could be drawn between the
case of a purchaser by.his own act, according to the
familiar use of the word purchaser, and that ola pur-
chaser in the merelechaical sense of the word—that is,
a person who may have succeeded perhaps to the fa-
Maly *slaw, but is considered as a purchaser, because it
comas to him through some deed or will, and not by
inheritance, and is she latter Can to put the whole and
the half .blood on an equal footing ; it is considered,
however, impracticable to frame a law founded as this
distisction, which aboald be clear sod simple, except,
iodeed, that a power may be gives to-the perms from
whom the property comes, of directing that it shall be
taken as if it descended. from a particular line of locos.
tors u hereafter explained, in which case we 'this*
the distinction of the whole and ball blood may also be
taken away.

I

.1t is pripestdpaberefore,•dtst the whole blooduf tie
first purchaser, who took without reference to arty an-
cestor, shall be preiersed, u between persons claiming
through the same ancestor of the first purchaser to the
half blood, and that subject to this preference the dia.
tinction between the whole and the half blood shall be
abolished.

;

3Dr+All TO THE TONALrAigOnalib"
With respect to the questioa as. to the preference c(
the nearer or more remote female ancestor on the pater-
nal side, the case having, it is understood, occurred
more than once since the Commentaries were ptibßshed,
it seems expedient to settle it, and the symmetry of the
riles of inheritance appears most consulted by adopting -
the rule laid down by Mr. Justice Blackstone. It is
proposed to declare this to be the law, and to extend it
Of course to the case of direct ascent, so that the mother
of the paternal grandfather would be preferred to the
mother of the father. Four tables are subjoined, one
showing the present order of inheritance as laid down
by Mr. Justice Blackstone; the others, showing the
order of inheritance according to the proposed alte-
rations.

iiITILLIAI/TATION TO SPECIAL IMES.
.The rule above mertioned. which directs that whet.
the inheritance passes to collateral relations of the last
proprietor, those only are admitted to take who we of
the blood of the first purchaser, occasioaing an estate
to pass sometimes in a differentobanoel. where the deo
ceased owner bad inherited the estate, and where he had
acquired it by what the law denominates purchase,
although the distinction is often. as has already been
observed. only technical, introduce complexity, and
sometimes causes anomalous diversities in the trans.
mission of estates.
Thus, if a person acquired an estate immediately
under a will or settlement made by his maternal ances-
tor, that estate would descend to his rrlatios.s on the
lather's side, and would not return to the family from
which it came. until the father's line were exhausted.
'On the other hand, if it came from a maternal ancestor
by descent, strictly se called, ill tho relations on the
paternal side would be excluded; and rather than. pus
to them, the estate would escheat. In consequence
again of a principle of Courts of liquity, that a man
cannot be a trustee for himself. and , that where the
beneficial estate is in the same party with the ,legal
'estate, it is absorbed by the latter, cases have occurred
where the course of descent of an inherited estate, the
title to which was equitable. has been changed by the
accident of the mere legal estate (that iiy shit may be
called the, fictitious estate of .the t rustic) descending from
the other line of ancestors, and absorbing the equitable
estate. Ac additional inconvenience arises from the
occasional nicety of the distinction beta een strict descent
and purchase, according to the technical sense of the
latter word, a circumstance which sometimes makes the
channel of descent a matter ofquestion.
It has been proposed to remedy these inconveniences
by considering every person who dies owner of an estate
of fee simple, as the stock from whom alone the inhei it.
ance is to be traced as if he had been first purchaser.
It is apprehended. however, that such a rule would
occasionally produce very objectionable consequences.
Thus, if an heiress died under age, leaving a child who
should . also die under age, and without issue, the estate
would necessarily be carried from her family to the
family of her husband.
This proposal therefore is mot recommended as a ge.
meal role.

•

It bar, however, occurred to IN that a person devising
or settling an es ate in fee simple, might be allowed to
direct that the donee or devisee Amid take the estate
as if it had come to him from a particular ancestor,
that an est te for instence might be given to a man and
his heirs on the part of his mother. The attempt to
create limitations of this nature has been frequently
made ; the law now forbids such limitations in grants
of estates in fie simple, although it allows them on the
creation of estates tail. We enclitic to the opinion that
allowing them in the fornier,case,wouldbr a 'amoebic
enlargement of the power of absolute proprietuq, and
would diminish the inconveniences prodoced;hy the
technical distinction between inheritance end purchase.
Toys is the case in which we think the distiactien between
the whole blood and half blood of thopurchnser may be
abolished.
We think that especial regard should be paid to the
blood of the first purchaser, in a case which cal be
liable to occur in consequence of the admission of the
half blood to inherit. If an estate should descend from
a purchaser to his half brother, it might happen that
the heirs of the second brother would be strangers in
blood to the first, and the heirs of the first brother (at
the death of thelecond) strangers in blood to the second;
this would be the case if the common parent were ille-
gitimate, and the second brother should die without
issue, and there were no other brother or sibter, or she
issue of such, and it might be the case under other cif.
cumstances. We propose to provide for the case by
directing the laberitance to pass to the heir of the first
purchaser, when the heir of the last proprietor shallot
be also heir .a the first purchaser.
We further think that the last 'proprietor 111117 be
.tremed u if he had been first pardoner, in the rare
case io which thelise free whici•the estate dercended
W the last proprietor has failed, for the purpose of ad-

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