Men's Titles to the Arbitrary Power and Will of those that shall Judge of them. It is to impower them to suppose Intentions where not expressed, and to raise Uses by Implication, where they were never designed; And in short, 'twill destroy all the Difference between good and bad Conveyances; and enable Men to limit Uses and raise Estates contrary to, and in different Manner from what the Law hath hitherto allowed. It will render Purchases more uncertain than they are at present; and that's more than enough already. And the Consequence must be to produce a Confusion in Property, &c. wherefore, upon the whole, it was prayed, That the Judgment might be affirmed. And it was affirmed acordingly.
[14 Lds. Jo. 499 (Watts v. Brooke); Mew's Dig. vi. 1585, xv. 495.]
Distribution to the half Blood of the Intestate's Estate. 2 Vent. 317. 1 Vernon 404. 2 Vernon 124. [Crooke v. Watt.]—Appeal from a Decree in Chancery: The Case in short was this; That Peter Crooke and Elizabeth his Wife, who was Sister of the half Blood to George Watts, claimed to have an equal Share with John Watts and Elizabeth Camfield, who were Brother and Sister of the whole Blood to the Deceased, of his Personal Estate; and a Decree was made in Chancery in Favour of Crooke and his Wife.
Argument for Appellants. Reason of Distribution. The whole Blood more favourable.—It was argued on Behalf of the Appellants, That the half Blood ought to have but a half Share. That in the Case of Inheritances the whole Blood was preferred. And that, tho' such Rule could not govern intirely in this Case, yet it shewed which ought to have the Preference. That the true Reason of Distribution was this, The Law was to give in like Manner, as he might reasonably be supposed willing to have given his Estate, in Case he had made a Will, and had not been surprised by a sudden Death; that every Man was supposed to favour his next of Kin; that the Statute of Distributions did the same Thing; and then that the whole Blood was nearer of Kin, because he did partake of both the Stocks from whence he came; that the Relation or Kindred in this Case intirely came from the Parents; that this was not an Alliance by his own Contract, as Marriage, or the like; that the Inclination was supposed to arise to them from the Natural Love he bore to the Common Ancestors; that such Inclination could never be supposed equal, where the Party was only of the half Blood. And much to this Effect; and many Arguments drawn from the Civil Law were urged in Favour of the Appellant, and several Precedents cited, where it had been judged since the Statute for the half Blood to have but a half Share, by Sir Richard Lloyd.
Argument for the Respondent. Half Blood as near a Kin, and of equal Degree. Precedents. 2 Mod. 204. 2 Lev. 173. 1 Vent. 307. 2 Vent. 317. Jon. 93. 2 Chan. Rep. 255. Vern. 305, 314, 432, 465.—On the other Side it was argued, That the half Blood is as near a Kin to the Intestate, as the whole Blood, and ought to have an equal Share of the Personal Estate with the whole Blood; that the Party must be presumed equally inclined to each Parent; that the Brother of the half Blood was as much a Brother as one of the whole; that the whole Blood was preferable in Descents, but that was only upon account of a Maxim in the Law; whereas here they are equally of Kin; the whole Blood is no more a Brother than the half; in the same Relation there can be no Difference or Degree; it might as well be pretended to have a Difference allowed upon the account of Seniority; that Opinions and Practise had been with the Decrees; that this hath been taken to be the Law in Westminst. Hall. Before the Statute, 'twas held that a Sister of the half Blood is in equal Degree with the whole, Brown versus Wood, Allen's Rep. 36. [109] and so cited in Smith's Case. Mod. Rep. 209. So in the Case of Milborne and Milborne, 30 March 1671. before the Lord Keeper Bridgman. W. M. had by Will devised all his Lands in Trust to pay every Brother and Sister he had living 40l. per Annum each, and he had several Brothers and Sisters, both of the half and the whole Blood; the Brothers of the whole Blood did oppose the
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