FORMER RULES NOW MODIFIED 5 



to enter into any extended discussion of the terms "tene- 

 ments" and "hereditaments," it may be well to here state 

 broadly the distinction between these and the term "land." 



The word "tenement" was said by Blackstone to signify 

 "everything that may be holden, provided it be of a per- 

 manent nature, whether it be of a substantial and sensible, 

 or of an unsubstantial, ideal, kind." 1 Thus, this term 

 included all that was covered by the term "land" and in 

 addition embraced all incorporeal things which had a con- 

 nection with land. It included even some things which 

 were not subject to common law tenure. 1 



The term "hereditament" covered all those objects of 

 property, undisposed of by will, which upon the death 

 of the owner passed, by act of law, to the heir, and not to 

 the executor. The term usually includes everything signi- 

 fied by the term "tenement" and even, in England at least, 

 may include property of a personal nature. 2 



6. The Descent of Real Property and of Personal 

 Property. On the death of the owner, personal property, 

 at common law, passed to the executor or administrator 

 of the estate, for distribution to the legatees or next of kin 

 after the payment of the debts of the deceased. Real prop- 

 erty, on the other hand, passed immediately to the heirs 

 or devisees, and could be held for the debts of the deceased 

 only when the personal property was insufficient to irieet 

 them. 3 This rule has been modified by a statute in Eng- 

 land and in a number of American states, so that the exe- 

 cutor or administrator, in many instances, now takes pos- 

 session of real property as well as personal property in effect- 

 ing a settlement of the estate of a decedent. 4 



In England those who take the real property as heirs 

 of an intestate decedent are generally different from those 

 who take the personalty as next of kin. In the United 

 States statutory provisions usually insure that the realty 

 and personalty of an intestate decedent shall pass to the 

 same person, or persons. 5 



1 2 Bl. Com. 17. 



2. See 2 Pollock & Maitland, Hist. Eng. Law, 148. 



Challis, Real Prop. 37; Co. Litt. 18a; Gray Perpetuities, Sec. 43, note. 



3. Co. Litt. 6a; Bl. Com. 17; Challis Real Prop. 39; Stafford v. Buckley, 2 Ves. Sr. 



170; Mitchell v. Warner, 5 Conn. 518. 



4. 1 Woerner, Administration, Sec. 276; 11 Am. & Eng.'Enc. Law(2d Ed.) 830-845, 



984, 1035, 1068, 1085; See Webster v. Parker, 42 Miss. 465, Finch's Cases 42. 



5. 60 and 61 Viet. C. 65 (1897) ; 11 Am. & Eng. Enc. Law (2nd Ed.), 1037 et seq. 



6. See 1 Stimson, Am. St. Law, Sees. 3101, 3104. 



