Line of succession

“ Limitations In Respect Of Succession Outside The Direct Line Of Descent.
The right of succession limited to the great-grandchild of the common ancestor. The Gortyn law quoted above in the previous section goes on:—
v. “If (a man or woman die and) they have no children, the deceased's brothers and brother's children or grandchildren shall have the property. If there are none of these, the deceased's sisters, their children or grandchildren. If there are none of these, to whom it descends of whatever grade they be, they shall inherit the property.” ”

“ Often, too, the desired successor gains but envy for his share of the inheritance, and by his sudden death hands over the whole amount of the succession, which he has hardly entered upon, to strangers. ”

“ But when such a feud was given to a man, and his heirs, in general terms, then a more extended rule of succession took place; and when a feudatory died, his male descendants in infinitum were admitted to the succession. ”

“ But in the course of nature this holy man will be gathered to his rest, and then his happy family may perhaps not live in such perfect harmony. He is now sixty-five years old, and has thirty sons, so that the question of succession is somewhat difficult, as there is no order of primogeniture. He has the right to choose an heir; and has been urged to do so by his English neighbors, to obviate all dispute to the succession. ”

“ Descent, or hereditary succession, is the title whereby a man on the death of his ancestor acquires his estate by right of representation, as his heir at law. An heir therefore is he upon whom the law casts the estate immediately on the death of the ancestor: and an estate, so descending to the heir, is in law called the inheritance. ”

“ When we see the miseries which are entailed on present and future generations by disputed claims to the crown, we shall more than ever value the principle of a regulated succession, subject to no challenge or controversy. ”

“ The law of succession, as with the Celts of Scotland, prescribed that the eldest surviving brother of the deceased monarch should be elected to his throne, and, failing him, the eldest nephew. But incompetent persons were almost invariably ignored by the elective body, although the choice was limited to one family. ”

“ If some such method of fixing the succession is not adopted, if for example the succession to the throne is left to the determination of the monarch, who may choose as his successor a son not the eldest, or some other relative not the nearest eldest male relative the uncertainty as to the succession is almost certain to produce trouble. ”

“ It is also true that men's notions of the right of succession to property in general were becoming more strict and definite, and very possibly the importance of the succession involved in this particular case had its effect. ”

“ This I take to be the true reason of the constant preference of the agnatic succession, or issue derived from the male ancestors, through all the stages of collateral inheritance; as the ability for personal service was the reason for preferring the males at first in the direct lineal succession. ”

“ The principle of succession, which had often caused serious disputes, was defined in 1904, to the effect that the chief may nominate any male descendant through males from himself or from any male ancestor, but failing such nomination, then the rule of primogeniture applies. ”

“ But if from any bodily or mental defect the eldest son is disqualified for ruling, the father determines in his lifetime which of his sons shall succeed him. In order, however, to establish his right of succession, it is necessary that the son upon whom his father’s choice falls shall catch in his mouth or in a bag the last breath, and with it the soul, of the dying chief. ”

“ Again a law was passed, by which the descendants were entitled to one third of the succession, and to one half if there were more than four. In France if a man die leaving one lawful child, he can only dispose of half of his estate by will ”

“ He represents what we might call a dynasty of power based on wealth. He is like a king, and his heir represents a financial crown prince. Like all other kings, he wishes to preserve his dynasty intact, and to assure himself of its succession. Consequently he demands the right of selecting what he feels shall prove a proper consort for his heir. ”

“ Bracton, who wrote in the thirteenth century, tells us of the law of succession in his time. He says: ‘Of kinship and of relationship some are upwards and others are downwards, and others are travers or sidewards. Ancestors succeed on failure of those below them. ”

“ Nothing else could hold society together or prevent the rival fanaticisms from tearing each other to pieces. For authority there was no other basis left than the principle of hereditary succession by primogeniture. ”

“ The one exception is that of royalty. Persons still are born to the throne; no one, not of the reigning family, can ever occupy it, and no one even of that family can, by any means but the course of hereditary succession, attain it. ”

“ Thus we may call inheritance of position and function the principle of fixity in social organization.
There is another way in which succession by inheritance, whether to class-position or to occupation, conduces to stability. It secures supremacy of the elder; and supremacy of the elder tends toward maintenance of the established order. ”

“ The joinder of times is given to those who succeed to the place of another. Ulpian cites a like phrase from a jurisconsult of the time of the Antonines,—"to whose place I have succeeded by inheritance, or purchase, or any other right." /2/ Succedere in locum aliorum, like sustinere personam, is an expression of the Roman lawyers for those continuations of one man's legal position by another of which the type was the succession of heir to ancestor. ”

“ For the sake of simplicity I have called the mode of succession Primogeniture whenever a single son or descendant succeeds to the authority over a household or society. It is remarkable, however, that in the few very ancient examples which remain to us of this sort of succession, it is not always the eldest son, in the sense familiar to us, who takes up the representation. The form of Primogeniture which has spread over Western Europe has also been perpetuated among the Hindoos, and there is every reason to believe that it is the normal form. ”

“ We cannot choose the father as qualified, and tie ourselves to the successors, be what they will. 6. If a king be not born heir of a kingdom, then is he not king by birth; but he is not born heir of a kingdom; for, a mean cannot be born to inherit the end, the king is but a mean for the kingdom's preservation. If the kingdom be his, by birth, as an inheritance, why may he not upon necessary occasions sell his inheritance? But if he sell it, then all confess he is no more king. 7. If that which makes a king cannot be transmitted from father to son; then succession, by birth, cannot make a king ”

“ Taking the principal types in a logical sequence, which differs from the historical one, we may say that the aggregate of things and claims relinquished by a deceased person may: (1) pass to relatives or other persons who stood near him in a way determined by law. Should several persons of the kind stand equally near in the eye of the law the consequence would be a division of the inheritance. The personal aspect of succession rules in such systems of inheritance. (2) The deceased may be considered as a subordinate member of a higher organism—a kindred, a village, a state, &c. ”

“ For whereas previously men had been free to adopt any rule of succession they pleased, and the legitimacy of an heir had scarcely been considered, it now became necessary that the successor to the headship of a family should be legitimate before everything: adoption being declared preferable to the choice of a bastard. But the higher the social grade of the family, the greater the latitude in this respect. ”

“ The vulgaris, pupillaris or exemplaris substitutio (consisting in the appointment of successive heirs in case of the death, incapacity or refusal of the heir first nominated) may have suggested the modern mode of giving enjoyment of property in succession. ”

“ It is certain that, in the old Roman Law of Inheritance, the notion of a will or testament is inextricably mixed up, I might almost say confounded, with the theory of a man's posthumous existence in the person of his heir.
The conception of a universal succession, firmly as it has taken root in jurisprudence, has not occurred spontaneously to the framers of every body of laws. ”

“ Having laid down the rules of descent in the old feudal law, in regard to the sons of the last possessor, it will be proper next to mention how far it admitted representation, or collateral succession; for at first both were excluded. If a man had two sons, one of which died before him, leaving a son, the grandson could not succeed to his grandfather, but the uncle was sole heir. ”

“ A succession to one had no connection with the succession to another. Each succession was the assumption of a distinct personal relation, in which the successor was to be determined by the terms of the relation in question.
The persona which we are seeking to define is the estate. Every fee is a distinct persona, a distinct hereditas, or inheritance, as it has been called since the time of Bracton. We have already seen that it may be sustained by more [352] than one where there are several heirs, as well as by one, just as a corporation may have more or less members. ”

“ In case the King should have no male issue, the eldest male of the Royal Family who is next of kin shall rank next in succession to the Throne. If, however, in the case supposed above, male heirs should subsequently be born to the King, the succession will de jure revert to such heir. ”

“ We do for us our heirs and successors make, ordain, constitute and confirm by these presents, and that by that name they shall have perpetual succession, and that by that name they and their successors shall be capable and enabled as well to implead and to be impleaded, and to prosecute, demand and answer and be answered unto all and singular suits, causes, quarrels and actions of what kind or nature soever ”

“ It shall not be necessary for minor heirs to make any formal acceptance of a succession that may fall to them, but such acceptance shall be considered as made for them with benefit of inventory by operation of law, and shall in all respects have the force and effect of formal acceptance.' 'Art. ”

“ The order of succession was hereditary and lineal, the eldest son generally succeeding to the throne. The selection of a successor, however, was left to the reigning king, who, when he felt himself to be near his end, was at liberty to choose from among his sons the one whom he thought best fitted to govern. In order to test his capability and accustom him to handling the reigns of government, and that he might have the old monarch's advice, the chosen heir immediately began to exercise the functions of king. ”

“ But in a settled and cultivated country, and among an advanced people, we maintain succession by primogeniture to be the most consonant, as a matter of theory, to the social feelings and requirements of man ”

“ But though this is granted, it does not follow in their creed, that any part of the nation have thereupon a right to present the hereditary crown to whom they will. The law of succession, they say, is not to be violated because the king has fled before a popular insurrection; and having permitted his abdication, the next heir becomes king. ”

“ A succession is acquired by the legal heir, who is called by law to the inheritance, immediately after the death of the deceased person to whom he succeeds. This rule applies also to testamentary heirs, to instituted heirs, and universal legatees, but not to particular legatees. ”

“ Those persons with a right of succession to the throne who marry against the express prohibition of the King and the Cortes Generales, shall be excluded from succession to the Crown, as shall their descendants. ”

“ But the simplest plan of avoiding the difficulty was for the paterfamilias to regulate his succession by testament; and this was probably had recourse to, not so much for instituting a stranger heir when a man had no issue—according to patrician notions his duty then was to perpetuate his family by adopting a son—as for partitioning the succession when he had more children than one. ”

“ If they are possessed of more than a hundred aurei, and leave a descendant or descendants of either sex and any degree to take the inheritance civil or praetorian, we have given to such child or children the succession to their parents, to the exclusion of every patron and his issue. ”

“ This natural law of succession, accordingly, took place among the Romans who made no more distinction between elder and younger, between male and female, in the inheritance of lands, than we do in the distribution of moveables. ”

“ In one place there are three families from which the chief is chosen in rotation. The law of succession is rather remarkable, the eldest brother inheriting property in preference to the son; and if a married man dies, his children belong to his widow’s eldest brother, who not unfrequently converts them into property by selling them to the slave dealers. ”

“ The person to set up is not hereditary, but selected and appointed; and the generation which sets him up, does not live under an hereditary government, but under a government of its own choice. Were the person to set up, and the generation who sets him up, to live for ever, it never could become hereditary succession, and of consequence, hereditary succession can only follow on the death of the first parties. ”