LAW 501-001 – Foundations of Law I
In Israel's system of inheritance:
- The eldest son received double portion. (Deuteronomy 12:15-17)
- If there were no sons, daughters were allowed to inherit the father's land. (Numbers 27:8)
- If there were no direct heirs, then the next of kin would inherit. (Numbers 27:9-11)
- Land could not pass to another tribe.
Blackstone believed inheritance is a creature of the state and they can regulate anything about it.
Locke, Kent, and Prof. Martins believe Inheritance is a right under LONANG as part of the right ot own private property in the first place. Therefore, the civil government should not be able to tax or take inherited property, although the owner may devise it upon his death as the right to transfer is an unalienable natural right.