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24 July 1804
Every estate which must
expire at a period certain
and prefixed, by whatever
words created is an estate
for years. II 143.
A Lean for so many
years as J.S. shall life,
is void from the beginning;
for it is neither
certain, nor can ever be
reduced to a certainty,
during the continuance
of the lean. II 143.
An estate for a thousand
years is only a chattel, &
reckoned part of the
personal estate. II 143.
No estate of freehold
can commence in futuro;
because it cannot be
created at common law
without liver of seisin,
or corporal possession
of the land: & corporal
possession cannot be given
of an estate now, which
is not to commence now
but hereafter. II 144.
Tenant at will ...
shall have ... emblements
... having sown the land
Will ... of ... lords of
manors ... qualified restrained
& limited, to be
exerted according to the
custom of the manor. II 147
When ... villeins became
modern copyholders,
& had acquired by custom
a sure and indefeasible
estate in their
lands, on performing
the usual services, but
yet continued to be stiled
in their admissions tenants
at the will of
the lord, – the law still
supposed it an absurdity
to allow that such as
were thus nominally
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tenants at will could
have any freehold interest:
& therefore continued,
and still continues
to determine,
that the freehold of
lands so holden abides
in the lords of the
manor & not in the
tenant; for tho' he really
holds to him and
his heirs for ever, yet
he is also said to hold
at another's will. II 149
Copyholders ... said to
hold ... according to the
custom of the manor
... are allowed to have
a freehold interest, tho'
not a freehold tenure. II 149
In common cases,
copyhold estates are still
ranked ... among tenancies
at will; tho' custom,
which is the life of
the common law, has
established a permanent
property in the copyholders. II. 149
The law ... presumes
no wrong in any man. II 150
After a fee simple
once vested, there can
no more be a remainder
limited thereon, than
after the whole 100£
is appropriated there
can be any residue
subsisting. II 165
It is an acient rule
of the common law,
that no estate of freehold
can be created
to commence in future,
but it ought to take
possession effect presently
either in possession
or remainder, because
at common law no freehold
in lands could
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pass without livery of
seisin; which must
operate either immediately,
or not at all. II 165, 6.
A remainder to the
right heirs of B (if there
be no such person as
B. in esse) is void. For
here there must two
contingencies happen;
first, that such a person
as B. shall be born;
and, secondly, that he
shall die also during
the continuance of the
particular estate; which
make it potentia remotissima,
a most remote
possibility. II 170
If land be granted
to A, for ten years, with
remainder in fee to the
right heirs of B, this
remainder is void: but
if grated to A for
life, with a like remainder,
it is good. II 171.
Courts of Justice will
not indulge even wills,
so as to create a perpetuity,
which the law abhors. II 174
Of ... joints tenants ...
each has an individual
moiety of the whole, &
not the whole of an undivided
moiety. II 182.
No lands but such
as are given in frank-marriage,
shall be
brought into hotchpot;
for no others are looked
upon in law as given
for the advancement
of the woman, or
by way of marriage
portion II 191
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