SECT. XXX.

Of estates in fee-simple and fee-tail.

Of an estate in fee-simple; wherein is considerable,
The extent and nature of the estate;

The quality incident thereunto.

As to the extent and nature of the estate :

It is an estate TO A MAN AND HIS HEIRS FOR EVER.

An absolute fee-simple is such as has no bounds or limits annexed to it, and is an estate to a man and his heirs ABSOLUTELY for ever.

A limited or qualified fee-simple is such as has some collateral matter annexed to it, whereby it is made by some means determinable; viz.

By limitation; or,

By condition.

The QUALITY of an estate in fee-simple is, that it is transmissable in the very nature of the estate;

To the SUCCESSOR in bodies corporate by a right of succession.

To the HEIR in the case of persons NATURAL by descent.

The nature of the corporation directs the rule of succession.

By the common law, wherein the rules of the common law

give the direction.

But of this more at large in Sect. 33.

The second estate of inheritance is FEE-TAIL.

And herein are likewise observable,

The nature and extent of the estate;

The incidental qualities thereof.

As to the first of these;

The manner of its limitation is that which DEFINES AND CIR

CUMSCRIBES IT: and that is either,

and

Co. Lit.

GENERAL; when an estate is given to one,
the heirs of HIS BODY; the heirs MALE of his
body, or the heirs FEMALE of his body.

Sect. 13.

SPECIAL; as when it is limited to a man, and the heirs of his body BY SUCH A WOMAN; or

è

converso.

And here falls in a consequent of such a limitation, namely,

An estate tail AFTER POSSIBILITY of issue

extinct.

Sect. 31.

As to the incidental qualities, or qualities incident to such an estate, they are,

In relation to the hereditary transmission thereof;

In relation to the alienation thereof.

In relation to the hereditary transmission thereof, the Inf. Sect. rules of descent DIRECT the manner of it.

33.

In relation to the alienation thereof. Regularly by the stat. DE DONIS CONDITIONALIBUS they have no power of aliening, so as to bar the issue, reversion, or remainder. And therein are considerable,

What alienations are VOID by his death, either,

By the stat. de donis conditionalibus.

By the stat. 11 H. 7. of jointresses.

What alienations are voidABLE only, viz.

By entry.

By action.

By suit.

And therein of discontinuances.

What alienations BIND the issue in tail, but NOT the reversioner, viz.

Co. Lit. 372. A fine with proclamations, by stat. 4 Hen. 7.

Co. Lit. $74.

A lease for three lives, &c. and accustomable rent, by stat. 32 H. S.

Attainder of treason, by stat. 33 H. 8.

A warranty collateral, lineal, with assets.

What alienations bind both the issue and the reversion, viz.
A COMMON RECOVERY pursuant to law.

Co. Lit. 372. b.

And here of common recoveries;

Their kinds :

Their effects.

SECT. XXXI.

Of estates at common law, LESS than inheritance.

THE said estates are considerable likewise :

In their nature and kinds :

In their incidents.

In their nature and kinds, they are either,

Estates of freehold.

Estates LESS than freehold.

Estates of FREEHOLD are again divided into,
Such as arise by act of law;

Such as arise by act of the party.

Freehold estates arising by act of law are,
Tenant by the curtesy of England.

Tenant in dower.

And here of the learning of both these.

Freehold estates arising by act of the party are,
Tenant for his OWN LIFE: which is either,

Simply so; or,

With a privilege annexed; as,

Tenant after possibility, de quo sup.

Tenant PUR AUTER VIE.

Sect. 14.

And herein of occupancy,

General.
Special.

As also of estates limited to one and his heirs, PUR

AUTER VIE.

Estates LESs than freehold are of two kinds :

Certain.

Incertain.

Estates less than freehold CERTAIN, are leases for years. And here also of leases by stat. merchant, stat. staple, and elegit.

And likewise the learning of extents, re-extents, audita querela, &c.

INCERTAIN estates less than freehold are,

Tenants AT WILL (2).

These are determinable at the will of either party.

The incidents to all these paritcular estates, EXCEPT TENANCY AT WILL, are these, viz.

They are transferrable from one to another, unless particularly

RESTRAINED,

By condition; or

By limitation.

They are forfeitable.

And here of the various forfeitures of particular estates; as,

Inf. Sect. 42.

Such as give a right or title of entry to him in reversion.
Such as give a remedy by action, as, waste.

And here of the title waste.

(i) But see Blac. Com. 2 v. oet. 145 to 150.

SECT. XXXII.

Of the distinction of RIGHTS of estates, with relation to the

POSSESSION.

HAVING gone through the several kinds and natures of Vide § 29. estates both at common law and by custom, I come now in the second place to the various relations that these estates have To THE POSSESSION; which give several other determinations unto the rights that persons have to them.

These estates before mentioned, and the rights thereupon, are either,

Such as are IN possession;

Such as are NOT in possession.

The right of estates IN possession, is where there does not interpose any estate or interest between the right and the session of the thing; as,

Tenant for life IN POSSESSION;

Tenant in fee IN POSSESSION, &c.

pos

The rights that are NOT immediately in possession, are, either, Where the time of their enjoyment EXPECTS the accom

plishment of something else, that MUST ANTECEDE it. Where the RIGHT or estate perchance is immediately IN the party; but the possession thereof is removed or detained by another.

As to the former of these, they are of several kinds, viz. REVERSIONS; which though a present interest, yet stands in a degree removed from the possession till the particular estate be determined.

REMAINDERS.

FUTURE INTERESTS of terms for

years.

CONTINGENT interests; or interests or estates limited to take place upon a precedent condition.

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