6. Limited fees are, I. Quader conditional at the common law 7. Qualified, or base, fees are the LR cation subjoined thereto, are late 1 qualification is at an end 8. Conditional fees, at the com granted to the donee, and the heirs a collateral heirs 9. These were held to be fees, donee had issue of his body; formed by the birth of issue, the der Wiene to entails 11. Estates-tail may may be—I. female; III. given in frank-mare 12. Incident to estates-tail a Curtesy. IV. Bar-by fine, rece assets 13. Estates-tail are now, by the courts, almost brought back at the common law * ▼ Mstric mn, the --- 112 ire subject 113 - 1. male, or 113-115 Jower. III. warranty with tresolations of aditional fees 152 sed or ested iving paid, mor d, on pays omes 157 30 es es, till 160 udicial ciff, till W 161 VERSION. joyment, are e parcel of the fect, and be en- 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 Page 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 124-128 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 124 6. This estate partakes both of the incidents to an estate-tail, and those of an estate for life. 125 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 126 8. Tenancy in dower is where a woman's husband is seised of an estate of inheritance, of which her issue might by any possibility have been heir; and the husband dies: the women is hereupon entitled to dower, or one third part of the lands and tenements, to hold for her natural life 128 9. Dower is either by the common law; by special custom; ad ostium ecclesiæ; or, ex assensu patris 132-3 10. Dower may be forfeited, or barred; particularly by an estate in jointure 136 CHAPTER IX. OF ESTATES LESS THAN FREEHOLD. 1. ESTATES less than freehold are, I. Estates for years. II. Estates at will. III. Estates at sufferance 140-150 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 140 3. Incident to this estate are estovers; and also emblements, if it determines before the full end of the term 144-5 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 145 5. Copyholds are estates held at the will of the lord, (regulated) according to the custom of the manor 147 6. An estate at sufferance is where one comes into possession of land by lawful title, but keeps it afterwards without any title at all Page 150 CHAPTER X. 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 . 152 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 152 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 152 4. Estates on condition expressed, are where an express qualification or provision is annexed to the grant of an estate 154 5. On the performance of these conditions either expressed or implied (if precedent), the estate may be vested or enlarged: or, on the breach of them (if subsequent), an estate already vested may be defeated 154-5 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 mort gage; 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 157 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 160 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 161 CHAPTER XI. OF ESTATES IN POSSESSION, REMAINDER, AND REVERSION. I. 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 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 Page 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 177 CHAPTER XII. OF ESTATES IN SEVERALTY, JOINT-TENANCY, COPARCENARY, 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 5. Joint-tenancy may be dissolved, by destroying four constituent unities 182 one of its 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 altogether 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 8. Incident to this estate is the law of hotchpot 188 190 9. Coparcenary may also be dissolved, by destroying any of its three constituent unities Page 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 191 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 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 195 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. 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 195-199 CHAPTER XIV. 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 201 3. To understand the doctrine of descents, we must form a clear notion of consanguinity; which is the connexion 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 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 as cend The male issue shall be admitted before the female. 208 212 |