POSSESSIO FRATRIS
(bouvier) | POSSESSIO FRATRIS. The brother's possession. This is a technical phrase
which is applied in the English law relating to descents. By the common law,
the ancestor from whom the inheritance was taken by descent, must have had
actual seisin of the lands, either by his own entry, or by the possession of
his own, or his ancestor's lessee for years, or by being in the receipt of
rent from the lessee of the freehold. But there are qualifications as to
this rule, one of which arises from the doctrine of possesio fratris. The
possession of a tenant for years, guardian or brother, is equivalent to that
of the party himself, and is termed in law possessio fratris. Litt. sect. 8
Co. Litt. 15 a; 3 Wils. 516 7 T. R. 386 2 Hill Ab. 206.
2. In Connecticut, Delaware, Georgia, Massachusetts, New Jersey, New
York, Ohio, Pennsylvania, Rhode Island, South Carolina, Virginia, and
probably in other states, the real and personal estates of intestates are
distributed among the heirs, without any reference or regard to the actual
seisin of the ancestor. Reeve on Des. 377 to 379; 4 Mason's R. 467; 3 Day's
R. 166; 2 Pet. R. 59. In Maryland, New Hampshire, North Carolina, and
Vermont, the doctrine of possessio fratris, it seems, still exists. 2
Peters' Rep. 625; Reeve on Desc. 377; 4 Kent, Com. 384, 5.
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