proper accuracy, in what threefold view | first sufficient bar of an estate tail? 116, may estates be considered? 103. 3. What is the primary division of estates with regard to their quantity of interest? 104. 4. How does the commentator define an estate of freehold? 104. 5. What is the twofold nature of estates of freehold (thus understood)? 104. 6. Into what two species are estates of freehold of the former nature again divided? 104. 7. Who is tenant in fee simple or tenant in fee? 104. 8. What, and in contradistinction to what, is the true meaning of the word fee? 104, 105. 9. By what words do we, in the most solemn acts of law, express the highest estate that any subject can have? 105. 10. In contradistinction to what has the word fee the adjunct of simple annexed to it? 106. 117. 31. Can an estate tail be forfeited to the king upon any conviction of high treason? 117, 118. 32. Do leases made by tenants in tail bind the issue in tail? 118. 33. What construction was put upon the statute of fines by the statute 32 Hen. VIII. c. 36? 118. 34. What exceptions were made by this statute as to fines, and by the statute 34 & 35 Hen. VIII. c. 20 as to common recoveries? 118, 119. 35. Of what debts are estates tail liable to the payment? 119. 36. What appointment of lands entailed by tenant in tail is good without fine or recovery? 119. 37. What difference is there, then, between the present estates tail and the old conditional fees after the condition was performed? 119. 11. Of what species of hereditaments can a man not be said to be seised IN HIS CHAP. VIII.-Of Freeholds not of InherDEMESNE as of fee? 106, 107. 12. What word is necessary, in the grant or donation, in order to make a fee or inheritance? 107, 108. 13. But by what five exceptions is this rule now softened? 108, 109. 14. Into what two sorts may we divide limited fees? 109. 15. What is a base or qualified fee? 109. 16. What was a conditional fee at the common law? 110. 17. What did our ancestors hold with regard to the condition annexed to such a fee? 110, 111. 18. But what if the tenant did not in fact aliene the land, and if then both the tenant and the issue died? 111. 19. What did the statute of Westminster the second (commonly called the statute de donis conditionalibus) enact as to conditional fees? 112. 20. Whence is the origin of fee-tail and reversion? 112. 21. What things may, and what may not, be entailed under the statute de donis? 113. iance. 1. Of what two species are such estates of freehold as are not of inheritance, but for life only? 120. 2. In what two ways may an estate of the first species be created? 120,121. 3. What is a tenant pur auter vie? 120. 4. Against whom (with what exception) does the law say that all grants are to be taken most strongly? 121. 5. Are there not some estates for life which may determine before the life expires? 121. 6. Why, in conveyances, is the grant usually made "for the term of a man's natural life?" 121. 7. What are the two principal incidents to all estates for life? 122. 8. What are emblements? 122. 9. What is a cestuy que vie? 123. 10. When is a tenant for life not entitled to emblements? 123. 11. Are the advantages of emblements extended to the parochial clergy? 123. 12. What incidents have under-tenants or lessees of estates for life above their 22. What is the first division of the lessors? 123, 124. several species of estates tail? 113. 23. What is tail general? 113. 24. What is tail special? 113, 114. 25. By what distinction are estates in general and special tail further diversified? 114. 26. What word is necessary to make a fee-tail? 114, 115. 27. Is there not another species of entailed estates, now grown out of use, but still capable of subsisting in law? 115. 28. What is this defined to be? 115. 29. What are the four incidents to a tenancy in tail under the statute of Westminster the second? 115, 116. 13. What is the estate for life (of the second species of such estates) of a tenant in tail after possibility of issue extinct? 124. 14. By what only is a possibility of issue extinct in law? 125. 15. Wherein does this estate partake both of an estate-tail and an estate for life? 125, 126. 16. What is a tenancy by the curtesy of England? 126. 17. What four requisites are necessary to make a tenancy by the curtesy? 127. 18. What does the husband become by the birth of the child; and what is he not 30. What and when was declared the till the death of the wife? 127, 128. 19. What is a tenancy in dower? 129. 20. Who may and may not be endowed? 130. 21. What crimes of the husband bar the wife's dower? 130, 131. 22. Of what may and may not a wife be endowed? 131. 23. Upon what principle are all endowments made? 131. 24. How long must the husband be seised of land in order to entitle the widow to dower? 132. 25. What is usually called the widow's freebench? 132. 26. What are the four species of dower now subsisting? 132, 133. 27. Of what part of his lands might a husband endow his wife ad ostium ecclesia? 133-135. 28. What is now the only usual species of endowment? 135. 29. What is called the widow's quarantine? 135. 30. What is a writ of admeasurement of dower? 136. 31. How may dower be barred or prevented? 136, 137. 32. How is a jointure defined by Sir Edward Coke? 137. 33. What did the statute of uses provide as to barring a wife of dower? 137, 138. 34. What four requisites must be punctually observed to make a jointure good? 138. 35. What if the jointure be made to the wife after marriage? 138. 36. What if the jointress be evicted of her jointure on account of its being made on a bad title? 138. 37. What are the comparative advantages of situation between tenant in dower and jointresses? 138, 139. CHAP. IX.-Of Estates less than Freehold. I. WHAT are the three sorts of estates less than freehold? 140. 2. What is an estate for years? 140. 3. What is a month in law? 141. 4. What is a lease for a twelvemonth? 141. 5. How many hours does the law reckon in the space of a day? 141. 6. How might a lessee estate be defeated by the ancient law? 142. 7. What is an indispensable requisite to an estate for years? 143. 8. Why cannot a lease for life commence in futuro, though a lease for years may? 143, 144. 9. What right has a tenant for years in the tenement? 144. 19. Of what is he possessed when he has entered the tenement? 144. II. What is the legal difference between the term and the time of a lease for years? 144. 12. What are the incidents to an estate for years? 144, 145. 13. What is the difference of situation between a tenant for life and a tenant for years with regard to emblements? 145. 14. What is an estate at will? 145. 15. In what case is a tenant at will entitled to emblements? 146. 16. What act amounts to a determination of the will on either side? 146. 17. How have courts of law leaned in construing demises where no certain term is mentioned? 147. 18. What notice is requisite to determine a tenancy from year to year? 147. 19. In what one species of estate at will is the will qualified by what? 147, 148. 20. What seems to have been the reason why the absolute freehold was never granted by lords to their villeins? 148, 149. 21. What kind of freehold have customary freeholders? 149. 22. What are the comparative advantages of interest between a copyholder of inheritance with a fine certain and an absolute freeholder? 150. 23. What is an estate at sufferance? 150. 24. Against whom can no man be tenant at sufferance? 150. 25. How must an owner of lands vary his proceeding in an action of trespass against a tenant by sufferance from the same action against a stranger? 150. 26. What have the statutes 4 & II Geo. II. c. 23 and 19 enacted in the cases of a tenant's holding over his term or his own notice to quit? 151. CHAP. X.-Of Estates upon Condition. 1. WHAT are estates upon condition? 152. 2. Of what two sorts are estates upon condition? 152. 3. What three other conditional estates are included under this last sort? 152. 4. What are estates upon condition implied in law? 152. 5. By what two breaches of an implied condition may an office be forfeited? i53. 6. How do a public and a private office differ in respect of forfeit? 153. 7. Upon what principle proceed all the forfeitures which are given by law of life estates and others? 153. 8. What is an estate on condition expressed? 154. 9. Of what two sorts are condition expressed? 154. 10. What is an estate "to a man and his heirs, tenants of the manor of Dale”? 154. II. What is the distinction between a condition in deed and a limitation or condition in law? 155. 12. In all instances of limitations or conditions subsequent, where the condition is contingent and uncertain, what estate has the grantee so long as the condition remains unbroken? 156. 13. When are conditions void? 156. 14. When are estates, upon void conditions, absolute in the tenant, and when in the feoffor? 157. 15. Of what two kinds are estates held in vadio, in gage, or pledge? 157. 16. What is vivum vadium, or living' pledge? 157. 17. What is mortuum vadium, dead pledge, or mortgage? 157, 158. IS. Who was tenant in mortgage? 158. 19. Whence is the origin of granting a long term of years by way of mortgage? 158. 20. What is equity of redemption? 159. 21. What is a foreclosure? 159. 22. What are estates held by statute chant and statute staple? 160. 21. Is there no way of preventing this defeat? 171. 22. What is an executory devise? 172. 23. In what three points does it differ from a remainder? 172, 173. 24. Why may a devise of freehold commence in futuro? 173. 25. Within what time does the law's abhorrence of a perpetuity declare that the continmer-gencies of an executory devise ought to be such as may happen? 173, 174. 23. What is an estate by elegit? 24. Why are estates by statute merchant, statute staple, and elegit, chattel interests, and not freehold? 161, 162. 26. Why does the law abhor a perpetuity? 174. 27. What has been settled in order to prevent the danger of perpetuities as to the persons to whom remainders may, by an CHAP. XI.-Of Estates in Possession, Re- executory devise, be limited over after a term mainder, and Reversion. 1. OF what two natures are estates with regard to the time of their enjoyment? 163. 2. What two sorts of expectancy are there; and by what acts are they severally created? 163. 3. What is the difference between estates executed and estates executory? 163. 4. What may an estate in remainder be defined to be? 164. 5. When lands are granted to A. for twenty years, with remainder to B. and his heirs forever, are not these two estates? 164. 6. What are the three rules laid down by law to be observed in the creation of remainders? 165, 167, 168. 7. What is called the particular estate? 165. 8. Why cannot an estate of freehold be created to commence in futuro? 166. 9. Is a remainder an estate commencing in præsenti or in futuro? 165, 166. 10. What particular estate will, and when will a particular estate not, support a remainder over? 166, 167. II. Can a remainder be granted of chattel interest? 167. 12. In what case is it necessary that a lessee for years should have livery of seisin ? 167. 13. Need the precedent particular estate and the remainder be in esse at one and the same time during the continuance of the first estate; or what latitude is allowed? 168. 14. Of what two sorts are remainders? 168. of years has been given to one man for his life; and what has been also settled as to the contingencies upon which such remainders may be limited to take effect? 174, 175. 28. What is an estate in reversion? 175. 29. What are the two usual incidents to reversions? 176. 30. What is enacted by the statute 6 Anne, c. 18 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? 177. 31. What happens whenever a greater estate and a less coincide in the same person in the same right without any intermediate estate? 177. 32. What one exception is there to this rule; and what is the reason of this exception? 177, 178. CHAP. XII.—Of Estates in Severally, Joint- I. IN what four different ways may estates be held with respect to the number and connections of their owners? 179. 2. Who is tenant in severalty? 179. 3. What is an estate in joint-tenancy? 179. 4. How may this estate be created? 180. 5. From what are the properties of a jointestate derived? 180. 6. Of what four kinds is the unity of a joint-estate? 180-182. 7. If an estate in fee be given to a man and his wife, how are they seised? 182. 8. Upon the decease of one joint-tenant what share of the estate remains to the sur 15. What are vested or executed remain-vivor; and why? 183, 184. ders? 168, 169. 16. On account of what two sorts of uncertainty may remainders be contingent or executory? 169. 17. What is enacted by statute 10 & 11 W. III. c. 16 as to posthumous children taking remainders? 169. 18. What are potentia propinqua and potentia remotissima? 170. 19. Why cannot a contingent remainder of freehold be limited on any particular estate less than a freehold? 171. 20. How may contingent remainders be defeated? 171. 9. Why cannot the king, or any corporation, be joint-tenant with a private person! 184. Io. How may an estate in joint-tenancy be severed and destroyed? 185. II. But why is a devise of one joint-tenant's share by will no severance of the jointure? 186. 12. In what case is it disadvantageous for joint-tenants to dissolve the jointure? 187. 13. What is an estate held in coparcenary? 187. 14. Who are parceners by common law? 187. 15. Who are parceners by particular custom? 187. 16. What are the properties of parceners? 188. 17. Which of the four unities of a jointestate have parceners? 188. 18. In what five points do parceners differ from joint-tenants? 188. 19. What are the five methods in which parceners may make partition? 189. 20. What is the law of hotchpot, which is incident to this estate? 190, 191. 21. In what three ways may an estate in coparcenary be dissolved? 191. 22. Who are tenants in common? 191-193. 23. Which of the four unities of a jointestate have tenants in common? 191. 24. By what two means may tenancy in common be created? 192, 193. 25. Does the law, in its construction of a deed, favor joint-tenancy or tenancy in common? 193. 26. What are the incidents attending a tenancy in common? 194. 27. In what two ways only can estates in common be dissolved? 194. 14. In what one inheritance does sole succession take place among females? 216. 15. What is the fourth rule or canon of inheritance? 217. 16. When is an inheritance divided per stirpes, and when per capita? 217, 218. 17. What is the fifth rule or canon of inheritance? 220, 222. 18. What is the great and general principle upon which the law of collateral inheritances depends? 223. 19. What is the sixth rule or canon of inheritance, being, like the seventh and last, only a rule of evidence who the purchasing ancestor was? 224. 20. Who is a kinsman of the whole blood? 227. 21. Why is the exclusion of a kinsman of the half-blood not unreasonable? 228-232. 22. What one inheritance may descend to CHAP. XIII.—Of the Title to Things Real the half-blood of the person last seised, so in General. I. WHAT is the title to things real? 195. 2. What are the four several stages or degrees requisite to form a complete title to lands and tenements? 195-197, 199. 3. What is the mere naked possession; how may it happen; and in what degree is it a legal title? 195, 196. 4. What are the two sorts of right of possession; and by what means may the first grow into the second? 196, 197. 5. What is the mere right of property; and how can it recover the right of possession? 197, 198, that it be the blood of the first purchasor; and why? 233. 23. For this reason, in what kind of estate is half-blood no impediment to the descent? 233. 24. What is the seventh and last rule or canon of inheritance? 234. 25. What is the most probable original of this rule? 235. 26. When is this rule totally reversed? 236. CHAP. XV.-Of Title by Purchase; and, first, by Escheat. 1. WHAT is purchase, taken in its largest and most extensive sense? 241. 2. If an estate be made to A. for life, remainder to his right heirs in fee, by what shall the heirs take? 242. 3. What was meant by calling William the Norman Conqueror? 243. 4. In what two points does the difference in effect between the acquisition of an estate by descent and by purchase principally consist? 243, 244. 5. What five methods of acquiring a title to estates does purchase include? 244. 6. What is escheat? 244, 245. 7. Upon what principle is the law of escheats founded? 245. 8. What are the first three cases wherein inheritable blood is wanting? 246. 9. What is the fourth case wherein inheritable blood is wanting? 246, 247. 10. What is the fifth case? 247, 248. II. Who are bastard eignè and mulier puisnè; and in what case may the former bar the latter of his inheritance; and this for what three reasons? 248. 12. What legal heirs can a bastard have? 249. 13. What is the sixth case wherein inheritable blood is wanting? 249. 14. What is the difference of inheritable operation on the blood of alien in the acts of denization and of naturalization? 249, 250. 15. If an alien come into England and there have issue two sons, who are thereby natural-born subjects, and one of them purchase land and die, who cannot be his heir, and why? 250. 16. What is enacted by the statute 11 & 12 W. III. c. 6 as to the inheritance of naturalborn subjects deriving their pedigrees through aliens; and how is this statute qualified by that of 25 Geo. II. c. 39? 251. 17. What is the seventh case wherein inheritable blood is wanting? 251. 18. What is the difference between forfeitures of lands to the king and escheat to the lord? 251-254. 19. By what means only can the corruption of blood be absolutely removed? 254. 20. If a man attainted be pardoned by the king, can his son inherit? 254. 21. If a man have issue a son and be attainted, and afterwards pardoned, and then have issue a second son and die, who cannot be his heir, and why? 255. 22. If the ancestor be attainted, may his sons be heirs to each other? 255. 23. What is declared in most of the new felonies created by act of parliament since the reign of Hen. VIII.; and wherefore is it so? 256. 24. In what singular instance are lands held in fee-simple not liable to escheat to the lord, even when their owner is no more, and hath left no heirs to inherit them? 256, 257. 25. What is the eighth and last case wherein inheritable blood is wanting; and how does this case differ from all the rest? 257. CHAP. XVI.-Of Title by Occupancy. 1. WHAT is occupancy? 258. 2. To what single instance, so far as it concerns real property, have the laws of England confined this right? 258. 3. Why was no right of occupancy allowed where the king had the reversion of the lands? 259. 4. What if the estate pur auter vie had been granted to a man and his heirs? 259. 5. But what do the statutes of 29 Car. II. c. 3 and of 14 Geo. II. c. 20 enact as to this estate? 259, 260. 6. What is the commentator's opinion as to the operation of these statutes? 260. 7. What is the law of alluvion and dereliction? 261, 262. CHAP. XVII. Of Title by Prescription. I. WHAT is title by prescription; and how is it distinguished from custom? 263. 2. What is called prescribing in a que estate? 264. 3. What has the statute of limitations, 32 Hen. VIII. c. 2, enacted as to prescriptions? 264. 4. What sort of hereditaments may be claimed by prescription? 264. 5. Why cannot a prescription give a title to lands? 264. 6. In whom must a prescription be laid? 265. 7. If the thing prescribed has what incapacity, why cannot the prescription be made? 265. 8. Why cannot deodands, felons' goods, and the like be prescribed for, while treasuretrove, waifs, estrays, and the like can? 265. 9. For what more may a man prescribe in himself and his ancestors than he may in a que estate; and why may he do so? 266. IO. Is there not a difference in the inheritance of a thing prescribed in one's self and one's ancestors, and one prescribed in a que estate? 266. 5. What is alienation in mortmain, in mortua manu? 268. 6. How were common recoveries invented? 271. 7. How were uses and trusts invented? 272. 8. What is license of mortmain; and how has it been dispensed with? 272, 273. 9. What is enacted by the statute 9 Geo. II. c. 36 as to lands and tenements, or money to be laid out thereon, given for or charged with charitable uses? 273, 274. 10. Who are excepted out of this act; and with what proviso is the exception made? 274. 11. Why is alienation to an alien a cause of forfeiture? 274. 12. When are alienations by particular tenants forfeitures; and to whom, and for what two reasons? 274, 275. 13. What is it if tenant in tail alienes in fee; and why? 275. 14. In case of forfeiture by particular tenants, what becomes of all legal estates by them before created? 275. 15. What is disclaimer, in its nature and consequences? 275, 276. 16. What is forfeiture by lapse? 276. 17. In what two cases can no right of lapse accrue? 276. 18. What is the term in which the title to present by lapse accrues? 276, 277. 19. What if the bishop be both patron and ordinary? 277. 20. What if the bishop or metropolitan do not present immediately upon lapse? 277. 21. What if the king do not? 277. |