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<head>24 July 1804.</head> | <head>24 July 1804.</head> | ||
<p>In a grant of lands<lb/> to a corporation aggregate,<lb/> the words "successors" is<lb/> not necessary, though<lb/> usually inserted: for, albeit<lb/> such simple grant<lb/> be <add>strictly</add> only an estate for<lb/> life, yet, as that corporation<lb/> never dies,<lb/> such estate for life is<lb/> perpetual, or equivalent<lb/> to a fee simple, & therefore<lb/> the law allows it<lb/> to be one. II 109</p> | |||
<p><add>2</add><lb/> In the case of the<lb/> king, a fee simple<lb/> will rest in him, without<lb/> the <del>"</del> words "heirs" or<lb/> "successor" in the grant<lb/>... because the king in<lb/> judgment<lb/> of laws never dies. II 109</p> | |||
<p><add>3</add><lb/> The general rule is<lb/> that the word "heirs" is<lb/> necessary to create an<lb/> estate of inheritance.<lb/> II 109.</p> | |||
<p><add>4</add><lb/> Mere personal chattels<lb/> which savor not at<lb/> all of the reality, cannot<lb/> be entailed. II 113.</p> | |||
<p><add>5</add><lb/> As the word <hi rend='underline'>heirs</hi> is<lb/> necessary to create a fee,<lb/> so the word <hi rend='underline'>body</hi>, or<lb/> some other words of<lb/> procreation, are necessary<lb/> to make it o a fee<lb/> tail, and ascertain to<lb/> what heirs in particular<lb/> the fee is limited.<lb/> If therefore either the<lb/> words of inheritance<lb/> or words of procreation<lb/> be omitted, albeit the<lb/> others are inserted in<lb/> the grant, this will not<lb/> make an estate-tail.<lb/> As, if the grant be to a<lb/> man & his <hi rend='underline'>issue of his</hi><lb/> <hi rend='underline'>body</hi>, to a man and</p> | |||
<pb/> | |||
<p>& his <hi rend='underline'>children</hi>, or <hi rend='underline'>offspring</hi>;<lb/> all these are only estates<lb/> for life, there wanting<lb/> the words of inheritance,<lb/> his heirs. So, on the<lb/> other hand, a gift to<lb/> a man, & his heirs <hi rend='underline'>male</hi>,<lb/> or <hi rend='underline'>female</hi>, is an estate<lb/> in fee-tail; for there<lb/> are no words to ascertain<lb/> the body out of<lb/>which they shall issue.<lb/> II 115</p> | |||
<p><add>6</add><lb/> Common- recoveries are<lb/>....fictitious proceedings,<lb/> introduced by a kind of<lb/> <hi rend='underline'>pia fraus</hi>, to elude the<lb/> statute <hi rend='underline'>de denis</hi>. II 117.</p> | |||
<p><add>7</add> <lb/> Of...estates<add>...</add> for life<lb/> only...some are...merely<lb/> legal, or created by construction<lb/> & operation of<lb/> law. II <del>118</del> <add>120</add></p> | |||
<p><add>8</add><lb/> In case an estate be<lb/> granted to a man for<lb/> his life, generally, it<lb/> may also determine by<lb/> his <hi rend='underline'>civil</hi> death; as, if<lb/> he enters into a monas-<lb/>-tery, whereby he is ahead<lb/> in law: for which reason<lb/> in conveyances the<lb/> grant is usually made<lb/> "for the term of a<lb/> "man's <hi rend='underline'>natural</hi> life";<lb/> which can only deter-<lb/>-mine by his <hi rend='underline'>natural</hi><lb/> death. II 121.</p> | |||
<p><add>9</add><lb/>A possibility of issue<lb/> is always supposed to<lb/> exist, in law, unless<lb/> extinguished by the<lb/> death of the parties;<lb/> even though the donees<lb/> be each of them a<lb/> hundred years old.<lb/> II 125.</p> | |||
<pb/> | |||
<p>Requisite...to make<lb/>a tenanty by the curtesy<lb/>...the issue must...be<lb/>born during the life of<lb/> the mother: for, it the<lb/> mother dies in labour,<lb/> & the Caesarean operation<lb/> is performed, the husband<lb/> in this case shall not<lb/> be tenant by the curtesy:<lb/> because at the instant<lb/> of the mother's death,<lb/> he was clearly not entitled,<lb/> as having had<lb/> no issue born, but the<lb/> land descended to the<lb/> child, which he was yet<lb/> in the mother's womb.<lb/> II 128.</p> | |||
<p>By the <sic>antient</sic> law the<lb/> wife of a person attainted<lb/> of treason or felony<lb/> could not be endowed; to<lb/> the intent says Stamford,<lb/> that if the love of a<lb/> mom's own life cannot<lb/> restrain him from such<lb/> atrocious acts, the love of<lb/> his wife & children may.<lb/> tho' Britton gives; viz.<lb/> that it is presumed the<lb/> wife was privy to her<lb/> husband's crime. II 120</p> | |||
<p>If the lean be but for<lb/> half a year, or a quarter<lb/> or any less time, this<lb/> lessee is respited as a<lb/> tenant for years, & is<lb/> stiled so in some legal<lb/> proceedings; a year being<lb/> the shortest term which<lb/> the law in this can<lb/> take notice of. II 140</p> | |||
<p>In the space of a day<lb/> all the 24 hours are<lb/> usually <unclear>reckoned</unclear>; the<lb/> law generally rejecting<lb/> all fractions of a day<lb/> in order to avoid disputes.<lb/> II 141.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
24 July 1804.
In a grant of lands
to a corporation aggregate,
the words "successors" is
not necessary, though
usually inserted: for, albeit
such simple grant
be strictly only an estate for
life, yet, as that corporation
never dies,
such estate for life is
perpetual, or equivalent
to a fee simple, & therefore
the law allows it
to be one. II 109
2
In the case of the
king, a fee simple
will rest in him, without
the " words "heirs" or
"successor" in the grant
... because the king in
judgment
of laws never dies. II 109
3
The general rule is
that the word "heirs" is
necessary to create an
estate of inheritance.
II 109.
4
Mere personal chattels
which savor not at
all of the reality, cannot
be entailed. II 113.
5
As the word heirs is
necessary to create a fee,
so the word body, or
some other words of
procreation, are necessary
to make it o a fee
tail, and ascertain to
what heirs in particular
the fee is limited.
If therefore either the
words of inheritance
or words of procreation
be omitted, albeit the
others are inserted in
the grant, this will not
make an estate-tail.
As, if the grant be to a
man & his issue of his
body, to a man and
---page break---
& his children, or offspring;
all these are only estates
for life, there wanting
the words of inheritance,
his heirs. So, on the
other hand, a gift to
a man, & his heirs male,
or female, is an estate
in fee-tail; for there
are no words to ascertain
the body out of
which they shall issue.
II 115
6
Common- recoveries are
....fictitious proceedings,
introduced by a kind of
pia fraus, to elude the
statute de denis. II 117.
7
Of...estates... for life
only...some are...merely
legal, or created by construction
& operation of
law. II 118 120
8
In case an estate be
granted to a man for
his life, generally, it
may also determine by
his civil death; as, if
he enters into a monas-
-tery, whereby he is ahead
in law: for which reason
in conveyances the
grant is usually made
"for the term of a
"man's natural life";
which can only deter-
-mine by his natural
death. II 121.
9
A possibility of issue
is always supposed to
exist, in law, unless
extinguished by the
death of the parties;
even though the donees
be each of them a
hundred years old.
II 125.
---page break---
Requisite...to make
a tenanty by the curtesy
...the issue must...be
born during the life of
the mother: for, it the
mother dies in labour,
& the Caesarean operation
is performed, the husband
in this case shall not
be tenant by the curtesy:
because at the instant
of the mother's death,
he was clearly not entitled,
as having had
no issue born, but the
land descended to the
child, which he was yet
in the mother's womb.
II 128.
By the antient law the
wife of a person attainted
of treason or felony
could not be endowed; to
the intent says Stamford,
that if the love of a
mom's own life cannot
restrain him from such
atrocious acts, the love of
his wife & children may.
tho' Britton gives; viz.
that it is presumed the
wife was privy to her
husband's crime. II 120
If the lean be but for
half a year, or a quarter
or any less time, this
lessee is respited as a
tenant for years, & is
stiled so in some legal
proceedings; a year being
the shortest term which
the law in this can
take notice of. II 140
In the space of a day
all the 24 hours are
usually reckoned; the
law generally rejecting
all fractions of a day
in order to avoid disputes.
II 141.
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