115 
E X E 
in fee ; provided, that if his wife, being then enfeint, be 
delivered of a foil, then the land to remain to him in fee ; 
and dies, and the fon is born ; in this cafe it was held, that 
the fee of the brother (hall ceafe, and veft in the fon, by 
way of executory devife, on the happening of the contin¬ 
gency ; and here fuch fee eftate enures as a new original 
devife to take elfeft when the firft fails. Cro. Jac. 592. 
A remainder of a fee may not be limited by the rules of 
law after a fee fiinple ; for when a man hath parted with 
his whole eftate, there cannot remain any thing for him to 
difpofe of: but oflate times a diftinftion hath been made 
between an abfolute fee-fimple, and a fee-fimple which 
depends upon a contingency, oris conditionally limited ; 
efpecially where fuch a contingency may happen in the 
courfe of a few years, or of one or two lives ; and where 
fuch a remainder is limited by will, it is called an executory 
devife, 2 A elf. Abr. 797. 
An eftate devifed to a fon and his heirs, upon condition 
that if he did not pay the legacies given by the will with¬ 
in fuch a time that then the land ftiould remain to the 
legatees, &c. and their heirs : this limitation of a fee in 
remainder, after a fee limited to the fon, being upon the 
contingency of the fon's failing in payment of the lega¬ 
cies, was adjudged good by way of executory devife. 
Cro. Eliz. 833. And where the father devifed his lands to 
his youngeft fon and his heirs, and if he die without iftue, 
the eldeft fon being alive, then to him and his heirs ; this 
was held a good remainder in fee to the eldeft brother, af¬ 
ter the conditional contingent eftate in fee to the youngeft, 
as depending upon the poftibility that he might be alive 
when his youngeft brother died without ilfue ; and his dy¬ 
ing without iftue, was a collateral determination of his 
eftate, whilft the other was living. 2 Nelf. Abr. 798. 
There can be no executory devife after an eftate tail 
generally limited, becaufe that would tend to a perpetu¬ 
ity ; and a contingency is too remote w here a man muft ex- 
peft a fee upon another’s dying without ilfue, generally : 
But dying without ilfue, living another, may happen in a 
little time, becaufe it depends u; on one life ; and there¬ 
fore a devife of a fee-fimple to one, but to remain to ano¬ 
ther upon fuch a contingency, is now held good by exe¬ 
cutory devife. Cro. Jac. 695. If a devife be “ to A. for 
ever, that is, if he fhall have a fon or Ions w ho fhall attain 
ai, but if A. lhall die without fon or fons to inherit, that 
the fon of B. fhall inherit this is a fee in A. with an 
executory devife to the fon of B. w ho fhall take if A. die 
without ilfue, or if the ilfue before 21. 1 Bro. C. R. 147. 
If a devife be to the fecond fon, then unborn, of A. B. and 
after his deceafe, or acceflion to his paternal eftate, then to 
his fecond fon and his heirs-male, with remainders over : 
fuch fecond fon of A. B. when born, will take an eftate in 
tail-male by way of executory devife, determinable on the 
acceffion of the family eftate, and in the mean time the 
lands defcend to the heir of the teftator. 2 Blac. Rep. 1159. 
It has now been long fully fettled, that a term for years, 
or any chattel intereft, may be given by an executory de¬ 
vife to an unborn child of a perfon in exiftence, when it 
attains the age of 21 ; and that the limits of executory de- 
vifesof real and perfonal property are precifely the fame. 
It is very common to bequeath chattel-interefts to A. and 
his iftue, and if he dies without iftue to B. It feems now 
to be determined, that where the words are fuch as would 
have given A. an eftate tail in real property ; in cafes of 
perfonal property the fubfequent limitations are void, and 
A. has the abfolute intereft : but if it appear from any 
claufe or circumftance in the will, that the teftator in¬ 
tended to give it over, only in cafe A. had no iftue living 
at the time of his death, upon that event the fubfequent 
limitation will be good as an executory devife. See 
Fearne, and Cox’s P. W. iii. 262. 
Formerly where a term, of years (which is but a chat¬ 
tel) was devifed to one ; and that if he died, living ano¬ 
ther perfon, it fnould remain to the other pepfon, during 
the refidue of the term ; fuch a remainder w as adjudged 
void : for a devife of a chattel to one for an hour, was a 
1 
EXE 
devife of it for ever. Dyer, 74. But it was afterwards 
held, that a remainder of a term to one, after it was li¬ 
mited to another for life, was good : in a cafe where a tef¬ 
tator having a term, devifed that his wife ftiould have the 
lands for fo many years of the term as (lie ftiould live ; 
and that after her death the refidue thereof ftiould go to 
his fon and his affigns ; and this was the firft cafe wherein 
an executory remainder of a term for years was adjudged 
good. Dyer, 253, 358. A perfon po lie fled of a term, de¬ 
vifed it to his wife for eighteen, years, and after to his eld¬ 
eft fon for life, after to the foil’s eldeft ilfue male during 
life ; though he have no fuch iftue, at the time of the 
devife, and death of the devifor, if he has before his own 
death, he ftiall have it as an executory devife. 1 Rol. 612. 
But if one devife a term to his wife for life, the remainder 
to his firft fon for life, and if he dies without iftue, to his 
fecond fon, &c. the remainder to the fecond fon is void, 
and no executory devife ; yet where the dying without 
ilfue living at a perfon’s death, may be confined to one life, 
it hinders not a remainder over. 1 Eq. Abr. 194. 
Leftee for years devifed all his term to his fon, and his 
will was, that his wife ftiould have the occupation and pro¬ 
fits of the lands, during the minority of his Ion, &c. and 
he made her foie executrix, and died ; (he afterwards 
proved the will, then ftie fold the term, and died ; ad¬ 
judged that this fale was void againft her fon, becaufe it 
fhall be intended that the devife to the wife ftiall precede 
the devife to the fon, though it followed in words, and 
then ftie will not have the whole term, but only fo much 
thereof for fo long time as ftie fhould live before her fon 
came of age ; and that the remainder was to veft in him, 
upon the contingency of his living till he came of full age. 
Plow. Com. 53, 519. The hufband being poftefled of 3 
term for years, devifed the leafe itfelf to his wife for her 
life, and after her death to her children unpreferred ; it 
was infilled for the wife, that (lie had the whole term, the 
devife being of the leafe itfelf, and the lands are not men¬ 
tioned throughout the will ; but adjudged that the wife 
had only an eftate for fo many years of the leafe as ftie 
fhould live, and that fo much as remained unexpired at 
her death, w*as to veft in the children upon the contin¬ 
gency of their living at that time. 3 Leon. 89. Gold. 26. 
EXECUTORY ESTATE, is where an eftate in fee 
created by deed or fine is to be afterwards executed by en¬ 
try, livery, writ, &c. Leafes for years, rents, annuities, 
conditions, &c. are called inheritances executory. Eftates 
executed are when they pafs prefently to the perfon to 
whom conveyed, without any after-aft. See the article 
Estate, p. 24 of this volume. 
EXE'CUTRIX, f. A woman intruded to perform the 
will of the teftator.—He did, after the deatli of the earl, 
buy of his executrix the remnant of the term. Bacon. 
EXE'DRA,^ [e|, out of, and Gr. a chair.] The 
place where the ancient philofophers andrhetoricians held 
their conferences and difputes’; buildings dependent on 3 
church but not immediately joined to the body of it. 
The ambo ; a kind of pulpit. 
£XEGE'SIS,y. [s|r,ysj<r1?, Gr.] An explanation. 
EXEGE'TES, f. In Grecian antiquity, the great law¬ 
yers among the Athenians whom the judges confuted in 
capital cafes. 
EXEGE'TICAI., adj. Gr. ] Explanatory ; 
expolitory.—I have here and there interfperled feme cri¬ 
tical and fome exegetical notes, fit for learners to know, 
and not unfit for fome teachers to read. Walker. 
EXEM'PLAR, f. [exemplar, Lat.] A pattern; an ex¬ 
ample to be imitated.—The idea and exemplar of ti\e 
world was firft in God. Raleigh. 
Beft poet ! fit exemplar for the tribe 
O f Ph ce b 11 s. Philips. 
EXEM'PLAR 1 LY, adv. In fuch a manner as deferves 
imitation.—She is exemplarily loyal in a high exaft obe¬ 
dience. Hozoel. —In fuch a manner as nt3y warn others.— 
Some he puniflieth exemplarily in this world, that we might 
from 
