8. Conditional fees, at the common law, were such as were granted to the donee, and the heirs of his body, in exclusion of collateral heirs

9. These were held to be fees, granted on condition that the donee had issue of his body; which condition being once performed by the birth of issue, the donee might immediately aliene the land: but, the statute de donis being made to prevent such alienation, thereupon, from the division of the fee (by construction of this statute) into a particular estate and reversion, the conditional fees began to be called fees-tail 10. All tenements real, or savouring of the realty, are subject to entails 11. Estates-tail may be, 1. general, or special; II. male, or female; III. given in frank-marriage

OF ESTATES LESS THAN FREEHOLD

12. Incident to estates-tail are, I. Waste. II. Dower. III. Curtesy. IV. Barby fine, recovery, or lineal warranty with assets

13. Estates-tail are now, by many sta tutes and resolutions of the courts, almost brought back to the state of conditional fees at the cominon law

CHAPTER VIII.

OF FREEHOLDS NOT OF INHERITANCE

Page

128

132-3

136

140 to 150 1. Estates less than freehold are, I. Estates for years. II. Estates at will. III. Estates at sufferance 140-150 2. An estate for years is where a man, seised of lands and tenements, letteth them to another for a certain period of time, which transfers the interest of the term; and the lessee enters thereon, which gives him possession of the term, but not legal seisin of the land 117 3. Incident to this estate are estovers; and also emblements, if it determines before the full end of the terin

115

4. An estate at will is where lands are let by one man to another, to hold at the will of both parties; and the lessee enters thereon

140

144-5

145

5. Copyholds are estates held at the will of the lord, (regulated) according to the custom of the manor

147

1. Freeholds, not of inheritance, or for life only, are, 1. Conventional, or created by the act of the parties. II. Legal, or created by operation of law 2. Conventional estates for life are created by an express grant for term of one's own life, or pur auter vie; or by a general grant, without expressing any term at all

3. Incident to this, and all other estates for life, are estovers, and emblements; and to estates pur auter vie general occupancy was also incident; as special occupancy still is, if cestuy que vie survives the tenant

120

120

122

4. Legal estates for life are, I. Tenancy in tail, after possibility of issue extinct. II. Tenancy by the curtesy of England. III. Tenancy in dower 5. Tenancy in tail, after possibility of Issue extinct, is where an estate is given in special tail, and, before issue had, a person dies from whose body the issue was to spring; whereupon the tenant (if surviving) becomes tenant in tail, after possibility of issue extinct C. This estate partakes both of the incidents to an estate-tail, and those of an estate for life

7. Tenancy by the curtesy of England is where a inan's wife is seised of an estate of inheritance; and he by her has issue, born alive, which was capa ble of inheriting her estate: in which case, he shall, upon her death, hold the tenements for his own life, as tenant by the curtesy

124

125

126

OF ESTATES UPON CONDITION 1. Estates (whether freehold or otherwise) may also be held upon condition; in which case their existence depends on the happening, or not happening, of

some uncertain event

2. These estates are, 1. On condition implied. II. On condition expressed. Ill. Estates in gage. IV. Estates by statute, merchant or staple. V. Estates by elegit

3 Estates on condition implied, are where a grant of an estate has, from its essence and constitution, a condition inseparably annexed to it; though none be expressed in words 4. Estates on condition expressed, are where an express qualification or provision is annexed to the grant of an

6. Estates in gage, in vadio, or in pledge, are estates granted as a security for money lent; being, 1. In vivo vadio, or living gage where the profits of land are granted till a debt be paid, upon which payment the grantor's estate will revive. II. In mortuo radio, in dead, or mort gage; where an estate is granted, on condition to be void at a day certain, if the grantor then repays the money borrowed; on failure of which, the estate becomes absolutely dead to the grantor

7. Estates by statute merchant, or statute staple, are also estates conveyed to creditors, in pursuance of certain statutes, till their profits shall discharge the debt

8. Estates by elegit are where, in consequence of a judicial writ so called, lands are delivered by the sheriff to a plaintiff, till their profits shall satisfy a debt adjudged to be due by law

CHAPTER XI.

OF ESTATES IN POSSESSION, REMAIN-
DER, AND REVERSION
163 to 177
1. Estates, with respect to their time of
enjoyment, are either in immediate
possession, or in expectancy: which
estates in expectancy are created at
the same time, and are parcel of the
same estates, as those upon which
they are expectant. These are, 1. Re-
mainders. II. Reversions

2. A remainder is an estate limited to
take effect, and be enjoyed, after ano-
ther particular estate is determined
3. Therefore, I. There must be a prece-
dent particular estate, in order to sup-
port a remainder. II. The remainder
must pass out of the grantor, at the
creation of the particular estate. III.
The remainder must vest in the gran-
tee, during the continuance, or at the
determination, of the particular es-

103

161

165-108

tate 4. Remainders are, I. Vested-where the estate is fixed to remain to a cer tain person, after the particular estate is spent. II. Contingent-where the estate is limited to take effect, either to an uncertain person, or upon an uncertain event

5. An executory devise is such a disposition of lands, by will, that an estate shall not vest thereby at the death of the devisor, but only upon some future contingency; and without any prece dent particular estate to support it 6. A reversion is the residue of an estate left in the grantor, to commence in possession after the determination of some particular estate granted; to which are incident-fealty, and rent 7. Where two estates, the one less, the other greater, the one in possession, the other in expectancy, meet together in one and the same person, and in one and the same right, the less is merged in the greater

IG8-9

172

176

177

1. Estates, with respect to the number and connexions of their tenants, may be held, I. In severalty. II. In jointtenancy. III. In coparcenary." IV. In common

2. An estate in severalty, is where one tenant holds it in his own sole right, without any other person being joined with him

3. An estate in joint-tenancy, is where an estate is granted to two or more persons; in which case the law construes them to be joint-tenants, unless the words of the grant expressly exclude such construction

4. Joint-tenants have an unity of interest, of title, of time, and of possession: they are seised per my et per tout: and therefore, upon the decease of one jomt-tenant, 'he whole interest remains to the survivor

5. Joint-tenancy may be dissolved, by destroying one of its four constituent

unities

6. An estate in coparcenary, is where an estate of inheritance descends from the ancestor to two or more persons; who are called parceners, and all toge ther make but one heir

7. Pareeners have an unity of interest, title, and possession, but are only seised per my, and not per tout: wherefore there is no survivorship among parce

ners

8. Incident to this estate is the law of hotelpot

179

179

180

182

185

187

188

190

9. Coparcenary may also be dissolved, by destroying any of its three consti

10. An estate in cominon, is where two or more persons hold lands, possibly by distinct titles, and for distinct interests; but by unity of possession, Lecause none knoweth his own severalty

11. Tenants in common have there fore an unity of possession (without survivorship; being seised per my, and not per tout); but no necessary unity of title, time, or interest

12. This estate may be created, 1. By dissolving the constituent unities of the two former; II. By express lunitation in a grant: and may be destroyed, 1. By uniting the several titles in one tenant; II. By partition of the land

CHAPTER XIII.

181

191

191

195

200 to 234

OF TITLE BY Descent 1. The title to things real may be reci procally acquired or lost, I. By descent. II. By purchase

2. Desvent is the means whereby a man, on the death of his ancestor, acquires a title to his estate, in right of representation, as his heir-at-law

3. To understand the doctrine of descents, we must form a clear notion of consanguinity; which is the connec tion or relation of persons descended from the same stock or common ancestor; and it is, 1. Lineal, where one of the kinsmen is lineally descended from the other. I. Collateral, where they are lineally descended, not one from the other, but both from the same Common ancestor 4. The rules of descent, or canons of inheritance, observed by the laws of England, are these : Inheritances shall neally descend, to the issue of the person last actually setsed, in infinitum; but shall never lineally ascend

The male issue shall be admitted before the female Where there are two or more males in equal degree, the eldest only shall inherit; but the females all together The lineal descendants, in infinitum, of any person deceased, shall represent their ancestor; that is, shall stand in the same place as the person himself would have done, had he been living Or fariure of lineal descendants, or is sue, of the person last seised, the inheritance shall descend to the blood of the first purchasor; subject to the three preceding rules.-To evidence which blood, the two following rules are established The collateral heir of the person last seised must be his next collateral kinsman, of the whole blood In collateral inheritances, the male stock shall be preferred to the female; that is, kindred derived from the blood of the male ancestors shall be admitted before those from the blood of the female, unless where the lauds have, in fact descended from a female

CHAPTER XV.

200

201

203-4

208

212

214

216

220

224

231

2. Escheat is where, upon deficiency of the tenant's inheritable blood, the estate falls to the lord of the fee 3. Inheritable blood is wanting to, L. Such as are not related to the person last seised. II. His maternal relations in paternal inheritances, and vice versa. Ill. His kindred of the half blood. IV. Monsters. V. Bastards. VI. Aliens, and their issue. VII. Persons attainted of treason or felony. VIII. Papists, in respect of themselves only, by the statute law

CHAPTER XVI.

214

246-257

267 to 286

OF TITLE BY Forfeiture 1. Forfeiture is a punishment annexed" by law to some illegal act, or negli gence, in the owner of things real; whereby the estate is transferred to another, who is usually the party m jured 2. Forfeitures are occasioned, 1. By. crines. H. By alienation, contrary to law. III. By lapse. IV. By simonv. V. By non-performance of conditions. VI. By Waste. VII. By Freach of copy hold customs. VILL. By bankruptcy

3. Forfeitures for crimes, or misdemesnors, are for, I Treason. II. Felony. HI. Misprision of treason. IV Premunire. V. Assaults on H judze, and batteries, sitting the courts. VI. Popish recusancy, &c. 4. Alienations or conveyances, which induce a forfeiture, ate, I. Those in mortmain, made to corporations con

267

207

267

Page

trary to the statute law. II. Those made to aliens. III. Those made by particular tenants, when larger than their estates will warrant 268-274 5. Lapse is a forfeiture of the right of presentation to a vacant church, by neglect of the patron to present within six calendar months

6. Simony is the corrupt presentation of any one to an ecclesiastical benefice, whereby that turn becomes forfeited to the crown

7. For forfeiture by non-performance of conditions, see Ch. X.

8. Waste is a spoil, or destruction, in any corporeal hereditaments, to the prejudice of him that hath the inherit

ance

9. Copyhold estates may have also other peculiar causes of forfeiture, according to the custom of the manor 10. Bankruptcy is the act of becoming a bankrupt; that is, a trader who secretes himself, or does certain other 1 acts, tending to defraud his creditors. (See Ch. XXII.) 11. By bankruptcy, all the estates of the bankrupt are transferred to the assig nees of his commissioners, to be sold for the benefit of his creditors

CHAPTER XIX.

276

278

281

284

285

286

287 to 294

OF TITLE BY ALIENATION 1. Alienation, conveyance, or purchase, in its more limited sense, is a means of transferring real estates, wherein they are voluntarily resigned by one man, and accepted by another 2. This formerly could not be done by a tenant, without licence from his lord; nor by a lord, without attornment of his tenant

3. All persons are capable of purchas ing; and all, that are in possession of any estates, are capable of conveying them-unless under peculiar disabilities by law as being attainted, non compotes, infants, under duress, femecoverts, aliens, or papists 4. Alienations are made by common assurances; which are, I. By deed, or matter in pais. II. By matter of record. III. By special custom. IV. By devise

CHAPTER XX.

287

287

288-293

293-4

295 to 342

OF ALIENATION BY DEED 1. In assurances by deed may be considered, I. Its general nature. II. its several specics

2. A deed, in general, is the solemn act of the parties: being, usually, a writ ing sealed and delivered; and it may be, I. A deed indented, or indenture. II. A deed poll

3. The requisites of a deed are, 1. Sufficient parties, and proper subject-matter. II. A good and sufficient consideration. III. Writing on paper, or

295

295-6

Page

296-307

parchment, duly stamped. IV. Legal and orderly parts (which are usually, 1st, the premises; zudly, the habendum; 3rdly, the tenendum; 4thly, the reddendum; 5thly, the conditions; 6thly, the warranty (which is either lineal or collateral); 7thly, the covenants; Sthly, the conclusion (which includes the date). V. Reading it, if desired. VI. Sealing, and, in many cases, signing it also. VII. Delivery. VIII. Attestation 4. A deed may be avoided. I. By the want of any of the requisites before mentioned. II. By subsequent matter: as, 1st, rasure, or alteration; 2ndly, defacing its seal; 3rdly, cancelling it; 4thly, disagreement of those whose consent is necessary; 5thly, judgment of a court of justice 5. Of the several species of deeds, some serve to convey real property, some only to charge and discharge it 6. Deeds which serve to convey real property, or conveyances, are either by common law, or by statute. And, of conveyances by common law, some are original or primary, others derivative or secondary

7. Original conveyances are, I. Feoffments. II. Gifts. III. Grants. IV. Leases. V. Exchanges. VI. Partitions.- Derivative are, VII. Releases. VIII. Confirmations. IX. Surrenders. X. Assignments. XI. Defeazances 8. A fecffment is the transfer of any corporeal hereditament to another, perfected by livery of seisin, or delivery of bodily possession from the feoffor to the feoffee; without which no freehold estate therein can be created at common law

9. A gift is properly the conveyance of

13. A partition is the division of an estate held in joint-tenancy, in co-parcenary, or in common, between the respective tenants; so that each may hold his distinct part in severalty 14. A release is the discharge or conveyance of a man's right, in lands and tenements, to another that hath some former estate in possession therein 15. A confirmation is the conveyance of an estate or right in esse, whereby a voidable estate is made sure, or a particular estate is increased

16. A surrender is the yielding up of an

323

324

325