described above in connection with a younger son, [by writ of cosinage or writ of  right,]1 according as the uncle or aunt has a brief or a long seisin.2 And let what is  said of a younger brother and an uncle or aunt when they are near heirs apply to  all other near heirs in similar cases.
What may make one a nearer heir.
 Sex also makes one a nearer heir, as where one having an inheritance procreates a son  and one or more daughters; though all are heirs of the ancestor, in the matter of  succession the male sex must always be preferred to the female. For a woman is  never called to succeed as long as any male heir survives, unless the modus of the  gift provides the contrary, as thus: a man gives another land in marriage with  his daughter, [to them] and the heirs born of their bodies; a daughter is born,  the husband dies, she marries again and has a son, the mother dies; the daughter  will be the nearer heir and bar the son from the succession. Thus the modus of the  gift makes the daughter the nearer heir and excludes the male sex from succession.3  In the same way the line of descent makes a woman in the right line the nearer  heir and bars a male in the transverse line, as where a man has a daughter, or a  son and through him a granddaughter, and a brother; the daughter or granddaughter  is preferred to the brother in the succession because the right line is preferred to  the transverse. Blood also makes one a nearer heir and the right of blood excludes  the male and prefers the female, as thus: a man marries a woman and by her has a  son and a daughter; after her death he marries another by whom he has a son; on  the death of the father4 the inheritance descends to the older son, born of the  first wife; he dies seised without an heir of his body and the chief lord puts himself  in seisin; the sister by the same father and mother claims her brother's seisin by  assise [of mortdancestor] and the brother, the offspring of the other wife, does the  same; the sister by the same father and mother will be successful and the right of  blood excludes the male.5 Similarly the right of blood makes one a nearer heir and  excludes both the male sex and an older sister from the succession, for example, a  man marries a woman and has a son or daughter by her; after her death he  remarries and fathers a son and a daughter; the son by the second wife acquires  property and dies without an heir of his body; the sister by
2. Supra p. 188. If uncle or aunt promptly ejected, no novel disseisin: infra iii, 284; if long seisin, heir must bring writ of right, but the casus regis will bar him: P. and M., ii, 285; infra iii, 284, 285, iv, 46