possessio fratris

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.