same.

for by law the first grant of it, to a man for life, was a estate for life total disposition of the whole term; a life estate being created in the esteemed of a higher and larger nature than any term of years (). And, at first, the courts were tender, even in the case of a will, of restraining the devisee for life from aliening the term; but only held, that in case he died without exerting that act of ownership, the remainder over should then take place (m): for the restraint of the power of alienation, especially in very long terms, was introducing a species of perpetuity. But, soon afterwards, it was held (n), that the devisee for life hath no power of aliening the term, so as to bar the remainder-man: yet, in order to prevent the danger of perpetuities, it was settled (o), that though such remainders may be limited to as many persons successively as the devisor thinks proper, yet they must all be * in esse during the life of the first devisee, for then all the [175] candles are lighted and are consuming together, and the ultimate remainder is in reality only to that remainder-man who happens to survive the rest: and it was also settled, that such remainder may not be limited to take effect, unless upon such contingency as must happen (if at all) during the life of the first devisee (p) (16).

(1) 8 Rep. 95.

(m) Bro. tit. Chatteles, 23. Dyer, 74. (n) Dyer, 358. 8 Rep. 96.

(o) 1 Sid. 451.

(p) Skinn. 341. 3 P. Wms. 258.

(16) A limitation over of a term, or other personalty, in case the previous legatee shall die "without issue," is too remote; and the absolute interest in the property vests in the first taker. In some of the early cases, indeed, the judges inclined to hold those words to mean, without issue at the death of the party; but ever since the case of Beauclerk v. Dormer, (2 Atk. 309), a different rule has prevailed; and it is now settled, that unless there are expressions or circumstances, from which it can

be collected that the words were used
in a more confined sense, they are to
have their ordinary legal signification;
viz. death without issue generally.
(Barlow v. Salter, 17 Ves. 481. Donn v.
Penny, 19 Ves. 547). If a combined
devise and bequest be made to a man
and the heirs of his body, with a limi-
tation over "if he has no such heirs,"
as these words do not point to any time
less indefinite than a general failure of
issue, the limitation over is void; and
the first taker will have an absolute in-

Thus much for such estates in expectancy, as are created by the express words of the parties themselves; the most intricate title in the law. There is yet another species, which

is created by the act and operation of the law itself, and this is called a reversion.

III. Estates in

reversion.

The residue of the estate left which reverts to

in the grantor,

him on the determination of

the estate grant

III. An estate in reversion is the residue of an estate left in the grantor, to commence in possession after the determination of some particular estate granted out by him (q). Sir Edward Coke (r) describes a reversion to be the returning of land to the grantor or his heirs after the grant is over. As, if there be a gift in tail, the reversion of the fee is, without any special reservation, vested in the donor by act of ed by him. law: and so also the reversion, after an estate for life, years, or at will, continues in the lessor. For the fee-simple of all lands must abide somewhere; and if he, who was before possessed of the whole, carves out of it any smaller estate, and grants it away, whatever is not so granted remains in him. A reversion is never therefore created by deed or writing, but arises from construction of law; a remainder can never be limited, unless by either deed or devise. But both are equally transferable, when actually vested, being both estates in præsenti (17), though taking effect in fu

turo.

and nature of

reversions.

The doctrine of reversions is plainly derived from the of the origin feodal constitution (18). For, when a feud was granted to a man for life, or to him and his issue male, rendering either rent or other services; then, on his death, or the failure of issue male, the feud was determined, and resulted back to the *lord or proprietor, to be again disposed of at his pleasure. [176] And hence the usual incidents to reversions are said to be fealty and rent. When no rent is reserved on the particular estate, fealty however results of course, as an incident quite inseparable, and may be demanded as a badge of ten

(g) Co. Litt. 22.

(r) 1 Inst. 142.

(17) Although a person can only be said to be entitled to, not seised of, a reversion; yet reversions are vested in. terests, which may be aliened and charged much in the same manner as

estates in possession. (Wiscot's case, 2
Rep. 61).

(18) See ante, chap. 4, pp. 45, 56,
with the notes thereto.

What constitutes a reversion.

ure, or acknowledgment of superiority; being frequently the only evidence that the lands are holden at all. Where rent is reserved, it is also incident; though not inseparably so, to the reversion (s). The rent may be granted away, reserving the reversion; and the reversion may be granted away, reserving the rent; by special words: but by a general grant of the reversion, the rent will pass with it, as incident thereunto; though by the grant of the rent generally, the reversion will not pass. The incident passes by the grant of the principal, but not e converso: for the maxim of law is, "accessorium non ducit, sed sequitur, suum prin"cipale" (t).

These incidental rights of the reversioner, and the respective modes of descent, in which remainders very frequently differ from reversions, have occasioned the law to be careful in distinguishing the one from the other, however inaccurately the parties themselves may describe them. For if one, seised of a paternal estate in fee, makes a lease for life, with remainder to himself and his heirs, this is properly a mere reversion (u), to which rent and fealty shall be incident; and which shall only descend to the heirs of his father's blood, and not to his heirs general, as a remainder limited to him by a third person would have done (w): for it is the old estate, which was originally in him, and never yet was out of him. And so likewise, if a man grants a lease for life to A., reserving rent, with reversion to B. and his heirs, B. hath a remainder descendible to his heirs general, and not a reversion to which the rent is incident; but the grantor shall be entitled to the rent, during the con[177] tinuance of A.'s estate (x).

Protection of reversioners

against the fraudulent conceal

ment of the

death of the cestui que vie.

*In order to assist such persons as have any estate in remainder, reversion, or expectancy, after the death of others, against fraudulent concealments of their deaths, it is enacted by the statute 6 Ann. c. 18, that all persons on whose lives

any lands or tenements are holden, shall (upon application to the Court of Chancery and order made thereupon), once in every year, if required, be produced to the court, or its commissioners; or, upon neglect or refusal, they shall be taken to be actually dead, and the person entitled to such expectant estate may enter upon and hold the lands and tenements, till the party shall appear to be living.

Before we conclude the doctrine of remainders and re- Of the doctrine of merger. versions, it may be proper to observe, that whenever a greater estate and a less coincide and meet in one and the same person, without any intermediate estate (y), the less is immediately annihilated; or, in the law phrase, is said to be merged (19), that is, sunk or drowned in the greater. Thus, (y) 3 Lev. 437.