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, I. general, or special; II. male, or female; III. given in frank-marriage 12. Incident to estates-tail are, I. Waste. II. Dower. III. Curtesy. IV. Barby fine, recovery, or lineal warranty with assets

110

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

CHAPTER VIII.

OF FREEHOLDS NOT OF INHERITANCE

140-150

OF ESTATES LESS THAN FREEHOLD 140 to 150 1. Estates less than freehold are, I. Estates for years. II. Estates at will. III. Estates at sufferance 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 term

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, I. 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 6. 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 man's wife is seised of an estate of inheritance; and he by her has issue, born alive, which was capable 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, I. On condition implied. II. On condition expressed. III. 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, I. 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 vadio, in dead, or mortgage; 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.

Page

157

160

161

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, I. 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-

tate

163

164

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

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 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

168-9

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 deccase of one joint-tenant, the 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. Parceners have an unity of interest, title, and possession; but are only seis. ed per my, and not per tout: wherefore there is no survivorship among parce

ners

8. Incident to this estate is the law of hotchpot

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

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

11. 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

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.

179

179

180

182

185

187

188

190.

191

19

191

195

200 to 234

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

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 connec tion 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

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

The male issue shall be admitted before the female

200

201

203-4

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 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 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 lands have, in fact descended from a female

CHAPTER XV.

208

212

214

216

220

224

234

2. Escheat is where, upon deficiency of the tenant's inheritable blood, the estate falls to the lord of the fec 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 versá. 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

CHAPTER XVI.

244

246-257

258 to 201

OF TITLE BY OCCUPANCY 1. Occupancy is the taking possession of those things, which before had no

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 injured

2. Forfeitures are occasioned, I. By crimes. II. By alienation, contrary to law. III. By lapse. IV. By simony. V. By non-performance of conditions. VI. By Waste. VII. By breach of copyhold customs. VIII. By bankruptcy

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

267

267