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The Doctrine of Worthier Title
Harper, Fowler
Harper, Fowler
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Abstract
It is said, in the old books, that "a devise to the heir is void." More modern phrasing of this rule will put it that "where a title by descent and a title by devise concurred in the same individual, the former predominated, and the heir was in by descent and not by purchase." The rule was abrogated in England, by statute, in 1837, but was, and still is, followed in America in many jurisdictions, with many curious and anomalous effects, some of which will be discussed later.