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'You Greeks are always children, said the Egyptian priest to Solon; and he spoke the truth in a sense which he did not mean. The Greeks' feelings were not dulled or sophisticated by the damnosa hereditas of the past. Neither their life nor their mental atmosphere was complicated.
He is in of the same fee, or hereditas, which means, as I have shown, that he sustains the same persona. On the other hand, one who wrongfully dispossesses another, a disseisor, gets a different estate, is in of a new fee, although the land is the same; and much technical reasoning is based upon this doctrine.
They both agreed that all our North American colonies were a kind of damnosa hereditas, and that it was in a high degree desirable that they should be amicably separated from Great Britain. Sir Henry Taylor wrote his views on the subject with great frankness to the Duke of Newcastle, who was then Secretary of State.
So that although much disparaging criticism of Irish character is based upon the survival in the Celt of the tribal instincts, it is gratifying to be able to show that even from the practical English point of view, our preference for thinking and working in groups may not be altogether a damnosa hereditas.
The heir succeeded not to the ownership of this or that thing separately, but to the total hereditas or headship of the family with certain rights of property as incident, /2/ and of course he took this headship, or right of representing the family interests, subject to the modifications effected by the last manager.
The luctuosa hereditas, the mournful succession of ascendants to descendants, to the twentieth penny only. Direct successions, or those of descendants to ascendants, pay no tax.
A right of protectorate, however, over the neighbouring island of Sumatra belonged to the British crown until the year 1872, when it was surrendered in return for equivalent rights on the Gold Coast of Africa. This concession has proved a veritable damnosa hereditas to the Government of Netherlands India.
Each succession was the assumption of a distinct personal relation, in which the successor was to be determined by the terms of the relation in question. The persona which we are seeking to define is the estate. Every fee is a distinct persona, a distinct hereditas, or inheritance, as it has been called since the time of Bracton.
Talk of a "damnosa hereditas," a terrible and mischievous inheritance why, this was the worst that ever I heard of. A servant in my house indeed, knowing what I did about her! Why, I had sooner share the "good fortune" which Umbelazi anticipated beneath the sod.
The dominant estate was never "erected into a legal person," either by conscious fiction or as a result of primitive beliefs. /4/ It could not sue or be sued, like a ship in the admiralty. It is not supposed that its possessor could maintain an action for an interference with an easement before his time, as an heir could for an injury to property of the hereditas jacens.
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