READING ON THE STATUTE OF USES. 353 



So if I bargain and sell my land after seven years, the 

 inheritance of the use only passeth; and there remains an 

 estate for years by a kind of subtraction of the inheritance 3. Contr. the 

 or reoccupier of my estate, but merely at the common law. fee ; sim p!e re- 



But if 1 infeoff I. S. to the use of himself in tail, and then c^Hale, in 

 to the use of I. D. in fee, or covenant to stand seised to the Weale v. Low- 

 use of myself in tail, and then to the use of my wife in fee ; ^ n d P Q^ b 65 66&amp;lt; 

 in both these cases the estate tail is executed by this sta- f&quot; fra&amp;gt; 2 

 tute : because an estate tail cannot be reoccupied out of a 855. 

 fee-simple, being a new estate, and not like a particular 

 estate for life or years, which are but portions of the abso 

 lute fee; and, therefore, if I bargain and sell my land to See Mr. Sug- 

 I. S. after my death without issue, it doth not leave an fn^y a & T 

 estate tail in me, nor vesteth any present fee in the bargain, e d. Sugd. 162. 

 but is a use expectant. Ans.17. 



So if I infeoff I. S. to the use of I. D. for life, and then l And - 328 - 

 to the use of himself and his heirs, he is in of the fee-sim 

 ple merely in course of possession, and as of a reversion, 

 and not of a remainder. 



Contrary law, if I infeoff I. S. to the use of I. D. for life, 

 then to the use of himself for life, the remainder to the use 

 of I. N. in fee : now the law will not admit fraction of 

 estates ; but I. S. is in with the rest by the statute. 



So if I infeoff I. S. to the use of himself and a stranger, 

 they shall be both in by the statute, because they could not 

 take jointly, taking by several titles. 



Like law, if I infeoff a bishop and his heirs to the use of Gilb. Us. 70. 

 himself and his successors, he is in by the statute in the ed - Su S d - 132. 

 right of his see. 



And as I cannot raise a present use to one out of his own 

 seisin ; so if I limit a contingent or future use to one being 

 at the time of limitation not seised, but after become seised 

 at the time of the execution of the contingent use, there is 

 the same reason and the same law, and upon the same dif 

 ference which I have put before. 



As if I covenant with my son, that, after his marriage, I 

 will stand seised of land to the use of himself and his 

 heirs; and, before marriage, I infeoff him to the use of 

 himself and his heirs, and then he marrieth ; he is in by 

 the common law, and not by the statute ; like law of a bar 

 gain and sale. 



But if I had let to him for life only, then he should have 

 been in for life only by the common law, and of the fee- 

 simple by the statute. Now let me advise you of this, that 



VOL. xiu. A A 



