MAXIMS OF THE LAW. 189 



So if I make a feoffment in fee to the use of my right 32H.8.43.Dy. 

 heirs, this is a void limitation, and the use reserved by the ^ IL 8 - 8 - 

 law doth take place : and yet if the limitation should be 7 EH Z . 237. 

 good the heir should come in by way of purchase, who Dy. 

 otherwise cometh in by descent ; but this is but a circum 

 stance which the law respecteth not, as was proved before. 



But if I make a feoffment in fee to the use of my right 

 heirs, and the right heirs of I. S. this is a good use, because 10 KI. 274. 

 I have altered the disposition of law; neither is it void for D y- 

 a moiety, but both our right heirs when they come in being 

 shall take by joint purchase; and he to whom the first 2 Ed. 3. 29. 

 falleth shall take the whole, subject nevertheless to his^o*:. i. Fitz 

 companion s title, so it have not descended from the first evlse * 

 heir to the heir of the heir: for a man cannot be joint- 

 tenant claiming by purchase, and the other by descent, be 

 cause they be several titles. 



So if a man having land on the part of his mother make 

 a feoffment in fee to the use of himself and his heirs, this 

 use, though expressed, shall not go to him and the heirs 

 of the part of his father as a new purchase, no more than 4 M. 133. pi. 

 it should have done if it had been a feoffment in fee nakedly 6 - D y er - 

 without consideration, for the intendment is remote. But 

 if baron and feme be, and they join in a fine of the feme s 

 land, and express a use to the husband and wife and 

 their heirs : this limitation shall give a joint estate by in- 

 tierties to them both, because the intendment of law would 

 have conveyed the use to the feme alone. And thus much 5 Ed. 4. 8. 

 touching foreign intendments. 19 H - 8. n. 



For matter ex post facto, if a lease for life be made to 

 two, and the survivor of them, and they after make parti 

 tion : now these words (and the survivor of them) should 

 seem to carry purpose as a limitation, that either of them 

 should be stated of his part for both their lives severally ; 

 but yet the law at the first construeth the words but words 30 Ass. 8. Fitz. 

 of dilating to describe a joint estate; and if one of them F art 16 - 

 die after partition, there shall be no occupant, but his part 31 n - 8 - 4f &amp;gt;- 

 shall revert. 



So if a man grant a rent charge out of ten acres, and 

 grant further that the whole rent shall issue out of every 

 acre, and distress accordingly, and afterwards the grantee 

 purchase an acre : now this clause should seem to be 

 material to uphold the rent ; but yet nevertheless the law 

 at first accepteth of these words but as words of ex 

 planation, and then notwithstanding the whole rent is ex 

 tinct. 



