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CHAPTER XI. OF ESTATES IN POSSESSION, REMAINDER, AND REVERSION. 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 I. Remainders. II. Reversions.
Page 163 2. A remainder is an estate limited to take effect, and be enjoyed, after another particular estate is determined.
164 3. Therefore, I. There must be a precedent particular estate, in order to support 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 grantee, during the continuance, or at the determination, of the particular estate. 165-168
4. Remainders are, I. Vested--where the estate is fixed to remain to a certain 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.
168-9 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 precedent particular estate to support it.
172 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. 176
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.
AND COMMON. 1. Estates, with respect to the number and connexions of their tenants, may be held, I. In severalty. II. In joint-tenancy.
III. In coparcenary. IV. In common.
179 2. An estate in severalty, is where one tenant holds it in his own sole right, without any other person being joined with him. 179
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.
180 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 joint-tenant, the whole interest remains to the survivor.
Page 182 5. Joint-tenancy may be dissolved, by destroying one of its four constituent unities.
185 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 together make but one heir. 187 7. Parceners have an unity of interest, title, and possession ; but are only seised per my, and not per tout: wherefore there is no survivorship among parceners.
188 8. Incident to this estate is the law of hotchpot
190 9. Coparcenary may also be dissolved, by destroying any of its three constituent unities.
191 10. An estate in common, is where two or more persons hold lands, possibly by distinct titles, and for distinct interests; but by unity of possession, because none knoweth his own severalty. .
1. Tenants in common have therefore an unity of possession (without survivorship; being seised per my, and not per tout); but no necessary unity of title, time, or interest.
191 12. This estate may be created, I. By dissolving the constituent unities of the two former; II. By express limitation in a grant: and may be destroyed, I. By uniting the several titles in one tenant; II. By partition of the land.
CHAPTER XIII. OF THE TITLE TO THINGS REAL, IN GENERAL. 1. A title to things real, is the means whereby a man cometh to the just possession of his property.
195 2. Herein may be considered, I. A mere or naked possession.
A II. The right of possession; which is, 1st, an apparent, 2ndly, an actual, right. III. The mere right of property. IV. The conjunction of actual possession with both these rights; which constitutes a perfect title.
OF TITLE BY DESCENT. 1. The title to things real may be reciprocally acquired or lost, I. By descent. II. By purchase.
200 2. Descent 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 connection or relation of persons descended from the same stock or common ancestor; and it is, I. Lineal, where one of the kinsmen is lineally descended from the other. II. Collateral, where they are lineally descended, not one from the other, but both from the same common ancestor.
Page 203-4 4. The rules of descent, or canons of inheritance, observed by the laws of England, are these:
Inheritances shall lineally descend, to the issue of the person last actually seised, in infinitum; but shall never lineally ascend.
208 The male issue shall be admitted before the female. 212
Where there are two or more males in equal degree, the eldest only shall inherit; but the females all together. 214
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.
216 On failure of lineal descendants, or issue, 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. 220
The collateral heir of the person last seised must be his next collateral kinsman, of the whole blood.
224 In collateral inheritances, the male stocks 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 lands have, in fact, descended from a female.
CHAPTER XV. OF TITLE BY PURCHASE; AND, FIRST, BY ESCHEAT. 1. PURCHASE, or perquisition, is the possession of an estate which a man hath by his own act or agreement; and not by the mere act of law, or descent from any of his ancestors. This includes, I. Escheat. II. Occupancy. III. Prescription. IV. Forfeiture. V. Alienation.
241-211 2. Escheat is where, upon deficiency of the tenant's inheritable blood, the estate falls to the lord of the fee.
244 3. Inheritable blood is wanting to, I. Such as are not related to the person last seised. II. His maternal relations in paternal inheritances, and vice versa. III. 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. 216-257
OF TITLE BY OCCUPANCY. 1. OCCUPANCY is the taking possession of those things, which before had no owner. 2. Thus, at the common law, where te
per auter vie died during the life of cestuy que vie, he who could first enter might lawfully retain the possession; unless by the original grant the heir was made a special occupant.
259 3. The law of derelictions and alluvions has narrowed the title by occupancy.
OF TITLE BY PRESCRIPTION. 1. PrescrIPTION (as distinguished from custom) is a personal immemorial usage of enjoying a right in some incorporeal hereditament, by a man, and either his ancestors or those whose estate of inheritance he hath: of which the first is called prescribing in his ancestors, the latter, in a que estate.
OF TITLE BY FORFEITURE. 1. Forfeiture is a punishment annexed by law to some illegal act, or negligence, in the owner of things real; whereby the estate is transferred to another, who is usually the party injured. 267
2. Forfeitures are occasioned, I. By crimes. II. By alienation, contrary to law. III. By lapse. IV. By simony. V. By nonperformance of conditions. VI. By waste. Vif. By breach of copyhold customs. VIII. By bankruptcy.
267 3. Forfeitures for crimes, or misdemesnors, are for, I. Trea
II. Felony. III. Misprision of treason. IV. Præmunire. V. Assaults on a judge, and batteries, sitting the courts. VI. Popish recusancy, &c.
267 4. Alienations, or conveyances, which induce a forfeiture, are I. Those in mortmain, made to corporations contrary 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.
276 6. Simony is the corrupt presentation of any one to an ecclesiastical benefice, whereby that turn becomes forfeited to the
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 inheritance. Page 281
9. Copyhold estates may have also other peculiar causes of forfeiture, according to the custom of the manor.
284 10. Bankruptcy is the act of becoming a bankrupt; that is, a trader who secretes himself, or does certain other acts, tending to defraud his creditors. (See Ch. XXII).
285 11. By bankruptcy, all the estates of the bankrupt are transferred to the assignees of his commissioners, to be sold for the benefit of his creditors.
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. 287
2. This formerly could not be done by a tenant, without licence from his lord; nor by a lord, without attornment of his tenant.
287 3. All persons are capable of purchasing; 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, feme-coverts, aliens, or papists.
288-293 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.
OF ALIENATION BY DEED, 1. In assurances by deed may be considered, I. Its general nature. II. Its several species.
295 2. A deed, in general, is the solemn act of the parties: being, usually, a writing sealed and delivered; and it may be, I. A deed indented, or indenture. II. A deed poll.
295-6 3. The requisites of a deed are, I. Sufficient parties, and proper subject-matter. II. A good and sufficient consideration. ÍII. Writing on paper, or parchment, duly stamped. IV. Legal and orderly parts (which are usually, Ist, the premises; 2ndly, the habendum; 3rdly, the tenendum; 4thly, the reddendum; 5thly, the conditions; 6thly, the warranty (which is either lineal or collateral); 7thly, the covenants; 8thly, the conclusion (which