date

1821. April 16. First Lines
1821. April 16.

First Lines

Means

Distributive

Equality

As between child and child, on the decease of the widower or the widow, equality.

This for a general rule is the most obvious, and has the advantage of simplicity.

For to speak /Abstraction made/ of any difference of demand that may be regarded as

produced by sex:- in favour of an elder child, in support of a claim on his part to a

more than equal share, nay be adduced the longer duration /continuance of his habit

of coenjoyment.

But, in favour of the younger, in support of a claim on his part to a more than

equal share, may be adduced the more urgent need resulting from, and proportioned to,

the deficiency in his capacity of providing the means of subsistence for /from/ his

own labour, in comparison of a brother or sister of maturer age. Of this latter

reason, the force seems /presents itself as being/ superior to that of the former.

For the solution of these and a host of other difficulties, altogether incapable of

being aptly provided for, by general rules, provision may be made, and very generally

is made, by a power of disposition given to the parents or one of them: and in

general it may be said natural affection, guided by ordinary prudence, being in this

case trusted to, for the accomplishment of the universal object - the greatest

happiness of the greatest number - interested.

But neither are natural affection nor prudence, in this case, in every instance,

what it were to be wished they were. This considered, a course that may naturally

enough present itself to the legislation is - to divide the thus vacated mass of

property into two parts: one, the division of which shall be determined by the single

consideration of equality: the other in relation to which the care of providing for

the differences liable to be made in the proper quantum of allowance by the

differences that may have place in respect of the quantity neede, and the

corresponednt urgency of the demand may /is left to/ be provided for by natural

affection, guided by ordinary pruudence as above.

In
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