The fact that an estate is impartible does not affect the rule of succession to such an estate. The general principles governing succession to such estates are:
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1. The rules which govern succession to partible property are to be followed. These rules are to be applied subject to such modifications as naturally flow from the character of the property.
ADVERTISEMENTS:
2. The only modifications which the impartibility suggests is the existence of a special rule for the selection of a single heir, when there are several heirs of the same class, who would be entitled to succeed to the property if it were partible.
3. If there is no special rule, the eldest male member in the senior branch will succeed, the estate thereafter going to his male issue in the order of seniority.
4. Nearness of blood is no ground of preference. Therefore, an elder brother of half-blood is entitled to succeed in preference to a younger brother of whole-blood. But if the impartible estate is the separate property of the last holder, full-blood will be preferred to half-blood.
5. Each male owner becomes a fresh stock of descent.
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6. A female cannot inherit an impartible ancestral estate if there are any male members of the family who are qualified to succeed to the estate. But where she is the widow of the last survivor, she can succeed.
7. When there is a competition between two heirs, the right of the heir who has the superior right if the property was partible, must prevail. Thus, where there is an adopted son and an after-born natural son, the latter succeeds to the impartible property of the father, to the exclusion of the former.