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mcnt comprehends all corporeal hereditaments whatso- 

 ever, and also all incorporeal hereditaments that savour 

 ot'tbe reality; that is, which i^ue out of corporeal 

 one*, or which concern, or are annexed to, or may be 

 exercised within the same; as rents, estovers, commons, 

 and the like, as also dignities and ollicc*. 



Estates tail are cither general or tpeciaj. Tail gene- 

 ral, i* where land* and tenements are given to one, and 

 the heirt of hit body begotten ; so that the whole of the 

 legal ferae of such a one are capable of taking in suc- 

 cessive order. 



Tenant in tnil-tprcial, is where the gift is restrained 

 to certain heirs of the donee's body, as to the heir* of 

 kit body OH Mary kit icije, or by any other person par- 

 ticularly iMTttt* : here no other but such special issue 

 K> pointed out can inherit. 



The word heirt is necessary to create a fee, and the 

 word bodif, or some other word of procreation, to make 

 a fee-tail ; for without the word keiti, there can be no 

 inheritance ; and without some body or root be pointed 

 nun whence the issue is to spring, on whom 

 the inheritance is to tx? limited, there can be no fee-tail. 

 Kut in a bequest, words importing a perpetuity will be 

 construed into those of inheritance. 



S3. Freeholds not of inheritance are, 1. Conventional, 

 or created by the act of the parties, t. Legal, or cre- 

 ated by operation of law. 



24. CorrwabOM/ is where an estate is created by 

 grant or lease for the term of a man's life, or any num- 

 ber of lire*. These estate* may determine upon a man's 

 ciril limit, if not granted for his natural lije; as in the 

 caae of a man being attainted of treason or ti-lonv, and 

 reprieved upon transportation fur life ; or if limited 

 poo a contingency, M to a widow during widowhood, 

 here, upon the conbBgency happening, they determine. 



S5. Lfgfl, as tenancy by the curlety of England, which 

 u, when a man having married a woman seised of an es- 

 of inheritance, and having issue by her capable of 



taking at her death, he shall hold the lands for his life. 

 These Ian if must have been in her actual possession ; 

 (but missrssirm is not required in the case of advowsons, 



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The ia*ue most be bom alive ; but if the mother 

 prior to the birth, the husband cannot become te- 

 nant; tat here the estate descended to the child. In ga- 

 veUk'md lands, the >mb"H may thus become entitled 

 to hatf the lands without issue. 



86. Or tenancy m darner, which is where a woman 

 having isaniul a man who is possessed or becomes 

 seised of an estate of inheritance, at any time during the 

 coverture, of which her issue might by any possibility 

 have been heir, upon the husband dying, the woman 

 is entitled to dower, or one-third port of such land-. 

 to hold for her natural life. 



*7. Kstate* leas than freehold, are estates for yean, 

 at mtU, at tf*rmnce, and on condition. 



88. An edale for yean, is where a tenant is let into 

 llit possession nf |ii unii" for any determined period. 

 If only tar half a year or a quarter, the law recogni/.cs 

 him as a tenant for years. A person demising an he- 

 radfeament is called the lessor, and he to whom the 

 is made the Icssar A lease for so many years as 

 _ shall live, M void. 



Tfntatf ft M, or train year to year, hold by the 

 WIBref both parties. The lessee here is entitled to em- 

 blenwnts or profits of the crop upon his estate deter- 

 mining, and M allowed reasonable ingress and egress to 

 c.irry away his good*. 



SO. An e/tuft at mferanct, is where a man lawfully 

 enters upon an estate for a certain term, and after .ts ex. 



VOL. XII. PABf II. 



piration keeps illegal possession of it. Such a one shall Law 

 pay double rent, which may be distrained for ; or dou- of England: 

 ble the yearly value of the premises, which can only V """V" / 

 be recovered by action of debt. 



31. Estates upon condition, are either upon condition on comli- 

 implied or expressed. Estates upon condition implied, tion impli- 

 are where certain performances are connected thereto, etl > 



that must necessarily be performed ; as in the case of 

 an office, private or public, which may become forfeit- 

 ed either by nonuser (neglect) or mitvser (abuse) ; so 

 in the case of estates upon condition expressed, it those 

 conditions are legal and possible. 



32. Estates upon condition expressed, are where an on condition 

 express qualification or provision is annexed to the "pressed ; 

 grant of an estate, on the breach or non-performance of 



which the estate so granted may be defeated ; as, first, 

 f'ifiim radium, which is where a man borrows a sum of as, 1. vh . 

 money of another, and grants him an estate until the vadtum, 

 profits of that estate repay him. Second, Morlnvm 2 Mur 

 radium, or mortgage, which is where a man grants an timm"m- 

 estate in fee, or for a term of years, as a security for a dtan, 

 sum of money lent, &e. When such an estate is cre- 

 ated, the mortgagee may enter, but is liable to be dis- 

 possessed upon the*performance of the conditions, which 

 the mortgager may do at any reasonable time after the 

 time specified, provided he pays all expenses; this 

 ia called the equity if redemption. Also a mortgagee 

 may call upon the mortgager to redeem his estate, or in 

 default to be for ever foreclosed from redeeming it. yi 

 Third, Estates held by statute meichant or statute staple, stat 

 which are very similar to those held in i-ivum radium, merchant. 

 And, fourth, Estates held by elrgit ; so called from the and, 4. By 

 writ of elejrit founded upon statute \Ve.-t. 2, by which elegit. 

 the -heritf', after the plaintiff has obtained judgment for 

 his debt at law, is empowered to give him some part, 

 or the whole of the defendant's lands and tenements, 

 until his debt and damages are fully paid. 



23. Remainder is an estate limited to take effect and Estates in 

 be enjoyed after another particular estate in possession remainder, 

 is determined ; as where lands are granted for life or 

 years to A. with remainder to B. in tail. A contingent Con |'. n g cnt 

 remainder, is where an estate is limited to take effect, rcma 

 either to an uncertain person, or upon an uncertain 

 event. 



34. An executory decise, is such .1 disposition of lands Executory 

 by will, that no estate shall vest thereby at the deatli of devise. 

 the devisor, but only upon some fiiture contingency, 

 without any precedent particular estate to support it; 



as where one devises land to a. feme sole and her heirs 

 upon her {lay of marriage. Here is a freehold infiitu- 

 ro, and such a limitation would be void in a deed, but 

 is good by way of executory devise. 



35. Reversion is the returning of the residue of an Rereisfcri. 

 estate to the granter, to commence in possession after 



the determination of the particular estate which he has 

 granted out of it. 



S6. Merger is where two estates, the one less, the Mergtr. 

 other greater, meet together in one and the same per- 

 son, and in one and die same right; they then are said 

 to be merged. 



37. Severally, is where qne tenant holds in his own Estates in 

 sole right, without any other person being joined with reveralty. 

 him. 



38. Joint-tenancy, is where an estate is granted to Joint-te- 

 two or more persons ; in which case the law construes nancy, 

 them to be joint-tenants, unless the words of the deed 

 expressly exclude such construction. They must have a 



unity of interest, of title, of time, and of possession ; they 

 are seised per my 1 1 per tout ; so that upon the decease 

 4 M 



