PHI LOS 0 P H Y . - Classic Works of Apologetics Online

158 I , .. )..
~ "JI ii.
tice whereby to asceftain the proportion of the dif.
ferent Cla!nlallts; ll~)r to nlellti()Jl that the clailn it ..
self, e~pecially of collateral killdreJ, seems to lla\'e lit.
tIe fl}Undation in the la\\r of llature, '!'h('se regula­
Dons should be guidl~d by the duty allu presulneJ incJinarion
of the deceased, so far as these considerations
rl-hc statutes of
can be consulted by general rules~
CH.-\RLES the Second, coolmonly called tIle statutes of
distribution, ~'hich adopt the rule of the Romall la\v
in the distribution of personals, are sufficientiy equit ..
able. They assign one third to the widow, and t\VO
thirds to the childr~n; in case of no children, OJle
half to tIle \vidow, and the other half to the next of
kin ; where neither widow nor lineal descendants
survive, the whole to the next of kin, .nd to be
equaily divided amongst kindred of equal degrees;
without distinction of whole blood and half blood,
or of consanguinity by the father's or mother,'s side.
The descent of real estates, of houses, _th~t is, and
land, having been settled in inore remote and in
ruder times, is less reasonable. l'here never can be
much to complain of in a rule, \vhich every person
nlay avoid by so easy a pro\ri~ion as that of making
his will; other\vise, our Jaw in this respect is chargeable
with SOOle ~agrant absurdities; such as, that all
estate f-haJI in no \\~ise go tioJ th~ brother or sister of
(h~ haif blood, though it came to the deceased from
the comll10n parerlt; that it shall go to the remotest
relation the intestate has in [he world,\ rather than to
his OWfl father or Dlother, or evell be forfeited fo~
w~nt of an heir, though both parents survive; that
tl.e most distant patenla) relatioIl s110uld be prcfered
to au unde or own cousin by the mother's side, notwithstanding
the estate was purchased and acquired
by tIle intl~~tate hinlself.
~
Land not b~ing sO divisible as money, may bea rea-
SOIl for making a difr~n:nce in the course of inheritance;
but there ought to b-:: no difference but what
is founded upon that rt?ason. The Roman law nladc
non~~