Patents granted by the commonwealth, Act of March 14, 1846, P. L. 124, Sec. 1. This act is constitutional, Foster v. Gray, 22 Pa. 9.

Powers of attorney to make sale, conveyance, mortgage or transfer of lands and tenements, Act of December 14, 1854, P. L. (1855) 724, Sec. 3.

Receipts for taxes on unseated lands duly acknowledged, Act of March 9, 1847, P. L. 278, Sec. 1.

Receipts for money paid for redemption of unseated lands, Act of April 25, 1850, P. L. 569, Sec. 33.

Receipts for instalments of mortgages, Act of March 31, 1823, P. L. 216, Sec. 2.

Release of recognizance or dower, Act of May 17, 1866, 1085 Sec. I.

Releases of mortgage were authorized to be given by the Act of April 2, 1822, 7 Smith's Laws 551, Sec. 1, but apparently no provision was made for recording them. See Act of December 14, 1854, P. L. 724, Sec. 3. The act was intended for the benefit of terre-tenants or purchasers from the mortgagor and was not intended to interfere with the relative equities of different purchasers, Mevey's Appeal, 4 Pa. 80.

Release or other instrument in writing being evidence of the payment or satisfaction of any legacy charged on lands and releases to any executor, administrator, assignee, trustee or guardian duly executed before two witnesses and acknowledged, Act of April 15, 1828, P. L. 490, Sec. 1. See also Act of May 17, 1866, P. L. 1085, Sec. 1. Extended to releases executed out of state by Act of April 26th, 1850, P. L. 1169, Sec. 24. If not signed before two witnesses the release is not within the provision of the act, Hellman v. Hellman, 4 Rawle 440, but the Act of April 26, 1854, P. L. 501, Sec. 1, dispenses with seals or witnesses. Releases of warranties, covenants and liabilities contained in a deed are within the provisions of the act, Susquehanna Coal Co. v. Quick, 61 Pa. 339. Release not properly acknowledged is not entitled to record, Powell's Appeal, 98 Pa. 403.

Sheriff's deeds to be recorded in prothonotary's office, Act of May 24, 1893, P. L. 127, Sec. 1, may be recorded in recorder's office, Act of March 14, 1846, P. L. 124, Sec. 1.. But now, by Act of April 22, 1905, P. L. 265, Secs. 4, 5, 6, sheriff's deeds are required to be recorded in the Recorder of Deeds' Office, and indexed in the deed index with the name of the purchaser as

grantee and with the name of the defendant or party whose title was divested by the sale, as grantor. Sheriff's deeds need no longer be recorded in the Prothonotary's Office; the recorder of deeds must, however, give the prothonotary a certificate stating the place of record, which the prothonotary must note on the docket of the case.

Treasurer's deeds, Act of March 14, 1846, P. L. 124, Sec. 1. Trustee deeds where lands and tenements are conveyed, Act of May 6, 1854, P. L. 603, Sec. 1.

Descent or hereditary succession says Mitchell (Real Estate and Conveyancing in Pennsylvania), is the title whereby a man on the death of another, acquires his estate by right of representation as his heir. Blackstone (2 Blk. 11), states that the right of an heir to inherit was not a natural right, but a civil one established by long custom. But whether the right is natural or has arisen from the long acquiescence in a proper custom the right of a decedent's family to inherit is now established by law.

*Title acquired by will is really a subdivision of title by purchase according to Blackstone (see Par. 12), but since the reason for maintaining the older classifications of Blackstone have long disappeared and as it seemed less confusing in the opinion of the author, to consider title derived from decedents together, title by will has been made a subdivision of title by descent and will be so treated.

At common law real estate descended to heir according to certain rules known as cannons of descent. They are set forth in detail and fully explained by Blackstone in his commentaries (2 Blk. 220). They have been so altered by statute that it would only be confusing to set them forth here. At the present time they are chiefly useful for the courts to refer to in construing the modern laws of descent of which they are the foundation. The modern rules of descent are provided in different jurisdictions by the legislature of the respective states and differ more or less in each jurisdiction. These modern rules of descent are usually termed the intestate laws.

132. Who May Inherit by Descent.

In general the intestate laws provide that only some one related to the decedent by consanguinity that is blood ties shall inherit by descent, in other words what is commonly called the "family" of the decedent. This means of course any one who is related by blood to the decedent whatever the degree. The widow although not related to the decedent by blood is under the intestate laws of practically every jurisdiction also allowed to inherit to some extent. The relationship between husband and wife is termed affinity as distinguished from consanguinity which means relationship by blood. So also a man's blood relations. are called his kin or kindred while his relationship by marriage should be properly termed his connections (Michell 285 Note).

(a.) Natural Heirs.-By natural heirs we mean of course all blood relatives such as children, nephews, nieces, uncles, aunts, cousins, etc. They may all inherit under the intestate laws in the order therein set forth (See Par. 134, infra).

(b.) Illegitimates.-At common law an illegitimate child or a bastard child was one born out of wedlock could not inherit even from his mother, unless he was made legitimate by act of Parliament. In no other way could he be made legitimate, not even by marriage of the mother and father after his birth. In Pennsylvania as in every other jurisdiction the harshness of this common law rule has been relaxed, and to-day the marriage and cohabitation of the father and mother at any time after the birth legitimates the child (Act of May 14, 1857, P. L. 507).

If the bastard is not legitimated by marriage of his parents he is nevertheless now permitted to inherit in Pennsylvania from his mother (though not from the father) by Act of April 27, 1855,

P. L. 368, which provides "Illegitimate children shall take and be known by the name of their mother, and they and their mother shall respectively have capacity to take and inherit from each other, personal estate as next of kin and real estate as heirs in fee simple; and as respects said real and personal estates so taken and inherited to transmit the same according to the intestate laws of this state." This act while it does not legitimate bastards gives them the capacity to inherit from their mother and the right to take the mother's name. Later by various acts culminating finally in the Act of July 10, 1901, P. L. 639, the illegitimate child was given the full capacity to inherit from the mother personal property to the same extent as any legitimate child, and to inherit real estate to the same extent as any legitimate child of the half blood (see Par. 136 hereinafter), but cautions the Act of March 26, 1903, P. L. 70. This act of 1901 only means to give the illegitimate child right to inherit the property of its mother and not of its father.

In considering the rights of illegitimates to inherit it must be remembered that the laws of any state have no extra-territorial effect and that the law of that state governs wherein the land lies.

(c.) Adopted Children.-By act of assembly in Pennsylvania proceedings are provided whereby children may be adopted (see Act of May 19, 1887, P. L. 125, and Act of April 22, 1905, P. L. 298), by petition to the court of the proper county, and see the case of Evans' Estate, 47 Pa. Super. 196, which holds that adoption may still be done by deed if properly executed and recorded. Adults may also be adopted, see Act of June 1, 1911, P. L. 539. When properly adopted the adopted child has all the capacity and right to inherit both real and personal property as a natural born child has. In other words by act (Act of April 13, 1887, P. L. 53) of assembly the adopted child is translated into a natural born child as far as the right to inherit is concerned.

133. Lineal Heirs and Collateral Heirs.

Heirs inherit as the law provides and in the order the law provides. Heirs are divided into two lines or classes. Lineals and collaterals. Lineal heirs are such as are descended one from the other in a direct line, as between a man and his son his grandson, etc. In ascertaining the nearness of relationship or consanguinity each generation counts one degree. Thus the son is re