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NeCede's

Maxim 5.6.25

Possession of the brother in fee-simple makes the sister to be heir.

Source: 3 Coke, 42; 2 Bl. Comm. 227; Weisman, 58cc Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) Where a brother dies seised in fee simple, his sister becomes his heir — seisin in the brother at death is what vests the right of inheritance in the sister.

Where this applies

  • A brother dies owning a farm in fee simple, and his sister inherits because his seisin at death vests the right of descent in her.
  • An only brother passes away with clear title to a house, and his sister becomes his heir by operation of law because he was seised at death.
  • A man dies holding land in fee simple with no children, and his sister inherits the estate because his possession at death is what makes her the heir.

Legal domains

Cite this maxim

NeCede Max. 5.6.25 — Possession of the brother in fee-simple makes the sister to be heir. — 3 Coke, 42; 2 Bl. Comm. 227; Weisman, 58cc

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