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Updated: May 5, 2025
You must take him; a filius nullius, in the person of my son Tom; a stranger; or let the property escheat; for, we are so peculiarly placed as not to have a known relative, by either the male or female lines; the maternal ancestors being just as barren of heirs as the paternal.
Simonds and his partners were too much engaged in securing their own lands from forfeiture to pay much attention to those of Col. Kemble. However on the arrival of the Loyalists a number of lots were speedily disposed of and by the efforts of Ward Chipman, who succeeded James Simonds as agent, the greater part of the lands were saved from escheat. Col. Kemble visited the River St. John in 1788.
He thus put the man at his ease, and won a tolerable friendship with his brother against the time when the elder would be, in respect of certain fiefs, the vassal of the younger. But from Goltres came none to do fealty, nor from Hauterive, nor from Malbank Saint Thorn. Goltres, in fact, was escheat, and granted out to Prosper's brother Osric and his new wife from Pre.
"As it is possible, Sir Wycherly, that you may have overlooked something," said Sir Gervaise, "and it is better that nothing should escheat to the crown, I will suggest the expediency of your making some one residuary legatee." The poor old man smiled an assent, and then he succeeded in muttering the name of "Sir Reginald Wychecombe."
When I am dead, and that will happen ere many weeks, the human being will not be living, who can take that property, after your demise, in any other manner than by escheat, or by devise. There will then be neither heir of entail, nor heir at law; and you may make whom you please, master of Wychecombe, provided he be not an alien."
On the death of John the Scot without heirs in 1237, the palatinate of Randolph of Blundeville became a royal escheat. Its grant to Edward made him the natural head of the marcher barons. The Cheshire earldom became the more important since the Welsh power had been driven beyond the Conway.
The documents formerly known as ESCHEAT ROLLS, or INQUISITIONES POST MORTEM, are concerned with the inquiries made by the Crown on the death of every landholder as to the extent and character of his holding. A scholarly guide to all this class of documents has been begun in the new Calendar of Inquisitions Post Mortem and other Analogous Documents, of which vol. i.
The repeal of the law of entailments all those acts that control the alienation of property, its disposal by will, its passing to heirs by descent, with the question, who shall be heirs, and what shall be the rule of distribution among them, or whether property shall be transmitted at all by descent, rather than escheat to the state these, with statutes of limitation, and various other classes of legislative acts, serve to illustrate the acknowledged scope of the law-making power, even where property is in every sense absolute.
"What of that what of that? your father would have been my father we would have had the same name the same family history the same family feelings poh! poh! we should have been both Wychecombes, exactly as we are to-day." "Quite true, and yet I could not have been your heir, nor you mine. The estate would escheat to the king, Hanoverian or Scotchman, before it came to me.
"My son," replied the abbot, "you have lost your senses. If you are resolved to have this girl in wedlock, your property and person will escheat to the chapter of the abbey." "Yes, my lord, I am devoted to this poor girl, and more touched by her misery and truly Christian heart, than by her personal perfections.
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