And if he have no daughter
Dies without any issue:
then ye shall give his inheritance unto his brethren;
and the children descending from them; that is, if his father was dead; otherwise, if he was living, he was to be preferred to them, according to the Jewish writers; though, according to our law, no estate in fee simple ascends lineally, or goes from a son, who has made a purchase of it, to a father: in the Misnah it is said F24, the order of inheritances is thus,
``if a man dies and has no son, then they cause his inheritance to pass to his daughter; a son is before a daughter, and all that descend from the son are before the daughter; the daughter is before the brethren (of her father), and those that descend from the daughter are before the brethren; the brethren (of a man) are before his father's brethren (or his uncles); and they that descend from his brethren are before his father's brethren: this is the general rule, everyone that is before in the inheritance, those that descend from him are before others, and a father is before all that descend from him.''
F24 Ut supra, (Bava Bathra, c. 8.) sect. 2.