« SebelumnyaLanjutkan »
OF FREEHOLDS, NOT OF INHERITANCE
1. Of what sorts are estates of freehold, not of inheritance, but for life?-120.
Some are conventional, or expressly created by the acts of the parties ; others, merely legal, or created by construction and operation of law,
2. In what ways may the first be created i—120.
By deed, or by grant.
3. Who is a tenant pur autre vie ?-120.
He who holds an estate by the life of another.
4. Against whom does the lar say that all grants are to be taken most strongly 9-121.
Against the grantor, unless in the case of the king.
5. Are there not some estates for life which may
determine upon future contingencies, before the life for which they are created expires ?-121.
Yes ; as if an estate be granted to a woman during her widowhood, or to a man until he be promoted to a benefice ; in these and similar cases, whenever the contingency happens, when the widow marries, or when the grantee obtains a benefice, the respective estates are absolutely determined and gone. Yet, while they subsist, they are reckoned estates for life.
6. Why, in conveyances of estates för life, is the grant usually made for the term of a man's natural life 1-121.
In case an estate be granted to a man for his life, generally, it may also determine by his civil death, as if he enters into a monastery, whereby he is dead in law : for which reason, in such conveyances, the grant is usually made “ for the term of a man's gatural life," which can only determine by his natural death.
7. Who is intended by the words cestuy que vie ?-123.
He on whose life lands are held
8. When is a tenant for life not entitled to emblements ?–123.
When he determines the estate by his own act.
9. What is an estate tail after possibility of issue extinct ?-124.
This estate happens where one is tenant in special tail, and a person, from whose body the issue was to spring, dies without issue; or, having left issue, that issue becomes extinct.
10. What is tenancy by the curtesy of England ?-126.
Where a man marries a woman seized of an estate of inheritance, that is, of lands and tenements in fee-simple or fee-tail, and bas by her issue, born alive, which was capable of inheriting her estate ; in this case, he shall, on the death of his wife, hold the lands for his life, as tenant by the curtesy of England.
11. What four requisites are necessary to make a tenancy by the curtesy of England ?-127.
Marriage, seizin of the wife, issue, and death of the wife.
12. When is the husband said to be tenant by the curtesy initiates -127.
By the birth of the child the husband becomes tenant by the curtesy initiate : his estate is not consummate until the death of the wife.
13. What are the four requisites to curtesy ?-127.
They are : 1. The marriage must be canonical and legal. 2. The seizin of the wife must be an actual seizin or possession of the lands. 3. The issue shall be born alive. 4. Death of the wife.
14. What is tenancy in dover ?—129.
Where the husband of a woman is seized of an estate of inheritance, and dies : in this case, the wife shall have the third part of all the lands and tenements, whereof he was seized at any time during the coverture, to hold to herself for the term of her natural life.
15. Who may, and may not, be endored ?—130.
A woman, to be endowed, must be the actual wife of the party at the time of his decease. If she be divorced a vinculo matrimonii, she shall not be endowed; for ubi nullum matrimonium, ibi nulla dos. But a divorce a mensa et thoro only doth not destroy the dower ; no, not even for adultery itself, by the common law.
16. For what is doroer granted ?—180.
For the sustenance of the wife, and the nurture and education of the children.
17. How is dower lost?—131.
Widows of traitors are barred of their dower, except in the case of certain modern treasons relating to the coin, An alien also cannot be endowed, unless she be queen consort, for no alien is capable of holding lands.
18. How long must the husband be seized of land, to entitle tho widor to dower ?—132.
If the land abide in the husband but for the interval of a single moment, the wife shall be endowed thereof.
19. What are the four species of dower subsisting ?-132, 133.
1. Dower by the common law, or that before described ; 2. Dower by particular custom, as that the wife shall have balf the husband's lands, or in some places the whole, and in some only a quarter; 3. Dower ad ostium ecclesiæ; 4. Dower ex assensu patris.
20. What is now the only usual species of endorment ?-135.
Dower by the common law.
21. Horo may doroer be barred or prevented ?—136, 137.
By elopement, divorce, being an alien, the treason of her husband, and other disabilities ; by detaining the title deeds, or evidences of the estate, from the heir, until she restores them ; by levying a fine, or suffering a recovery of the lands, during coverture ; and by jointure.
22. What is the most usual method ?-137.
23. Hor is jointure defined by Sir Edroard Coke?–137.
As “& competent livelihood of freehold for the wife, of lands and tenements ; to take effect, in profit or possession, presently after the death of the husband, for the life of the wife at least.”
24. What four requisites must be punctually observed, in order to make a jointure good ?–138.
1st. The jointure must take effect immediately on the death of the husband.
2d. It must be for the wife's own life at least, and not pur autre vie, or for any term of years, or other smaller estate.
3d. It must be made to herself, and no other in trust for ber.
4th. It must be made, and so in the deed particularly espressed, to be in satisfaction of her whole dower, and not of any particular part of it.
25. What if the jointure be made to the wife after marriage ?–138.
She has her election, after her husband's death, as in dower ad ostium ecclesiæ, and may either accept or refuse it, and betake herself to her dower at common law ; for she was not capable of consenting to it during coverture.
26. What, if by any fraud or accident, a jointure made before marriage proves to be on a bad title, and the jointress is evicted, or turned out of possession ?-138.
The statute has made provision, that, in such cases, she shall have her dower pro tanto at the common law.
27. What are the comparative advantages of dower and jointure . -138, 139.
Tenant in dower, by the old common law, is subject to no tolls or taxes ; and hers is almost the only estate on which, when derived from the king's debtor, the king cannot distrain for his debt, if contracted during coverture. But, on the other hand, a widow may enter at once, without any formal process, on her jointure land. Though dower be forfeited by the treason of the husband, yet lands settled in jointure remain unimpeached to the widow.
OF ESTATES LESS THAN FREEHOLD.
1. Of what sorts are estates less than freehold ?-140
Of three sorts : 1st. Estates for years ; 2d. Estates at will ; 3d. Estates by sufferance.
2. What is an estate for years ?-140.
An estate for years is a contract for the possession of lands or tenements for some determinate period. 3. What is a month in laro ?–140.
It is a lunar month, or twenty-eight days, unless otherwise expressed. Therefore a lease for “twelve months” is only for forty-eight weeks ; but if it be for "a twelve month,” in the singular number, it is good for the whole year.
4. How many hours does the law reckon in the space of a day? -141.
All the twenty-four hours are usually reckoned ; the law generally rejecting all fractions of a day, in order to avoid disputes.
5. Horo might a lessee's estate be defeated ?-142.
By the ancient law, by a common recovery suffered by the tenant of the freehold.
6. What is an estate for years ?-143.
Every estate which must expire at a period certain and prefixed, by whatever words created.