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[001] patruus magnus and triamita magna, and their heirs ad infinitum. And on the other
[002] transverse [line], on the mother's side, if the avunculus and the matertera and all
[003] heirs below them fail, then the brothers or sisters of the maternal grandfather or
[004] grandmother are called,1 who are termed avunculus magnus and matertera magna,
[005] and their heirs ad infinitum. Failing these, there then are called on the maternal
[006] side the brother or sister of the greatgrandfather or greatgrandmother, the proavunculus
[007] magnus or the promatertera magna, and their heirs ad infinitum. And thus
[008] step by step are to be called the abavunculus magnus and abmatertera magna, the
[009] atavunculus magnus and the atmatertera magna, and the triavunculus magnus and
[010] the trimatertera magna, [by ascending the transverse line on the mother's side,]
[011] and their heirs ad infinitum. And how the degrees of kinship are computed and the
[012] number of degrees that separates one from another in the line of descent or ascent,
[013] will appear more clearly to the eye in the figure given below.2

Of heirs who succeed not by succession but by substitution, by the modus of the gift.


[015] One may succeed or quasi-succeed another not by hereditary right, as heir, but
[016] because of the failure of heirs or the commission of felony, as a chief lord-feoffor
[017] succeeds to his escheat, a matter discussed above in the title on gifts.3 One may also
[018] succeed or quasi-succeed another not by hereditary right or the right of succession,
[019] as heir, but through the causa of substitution,4 by the modus of the gift, a matter
[020] also discussed above in the same title,5 as where a donor in making his gift says,
[021] ‘Know etc. that I have given to such a one so much land with the appurtenances
[022] to have and to hold to him and the heirs born of his body only.’ Here, since all
[023] more remote heirs are excluded [and] the land is to revert to the donor by tacit or
[024] express condition if the prescribed heirs fail, the donor may add these words to the
[025] charter of gift: ‘And if he has no such heirs, or if he has such and they fail, that the
[026] land revert to another (a brother or stranger) to have and to hold to him and the
[027] heirs born of his body,’ as was said above, and so to several successively. If the
[028] first feoffee has no heirs of the prescribed class, no right descends to the substitute
[029] by which he may bring an assise of mortdancestor on the seisin of the first feoffee,
[030] in possessory right,6



Notes

1. ‘vocantur’

2. No figure supplied

3. Supra 81

4. D. 29.2.35.pr.: ‘heres ex causa substitutionis’

5. Supra 70, 71-2

6. Infra iii, 272


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