And herein of occupancy, General. 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, audila querela, &c. INCERTAIN estates less than freehold are, Tenants AT WILL (i). 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. 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 possession of the thing; as, Tenant for life IN POSSESSION; Tenant in fee IN POSSESSION, &c. The rights that are NOT immediately in possession, are, either, Where the time of their enjoyment EXPECTS the accomplishment 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. CONTINGENT interests; or interests or estates limited to take place upon a precedent condition. [K] This is frequent in cases, Of accrewers. Of contingent uses. ESTATES Subject to a condition of re-entry; wherein he that has the benefit of the condition, though he has an estate in the condition, yet he has not the land till the condition broken, and a re-entry. Where the estate is devested, or removed, or detained, by another; This gives two new and additional denominations, viz. A TITLE of an estate. A RIGHT of an estate. A title of an estate, is where a man has not yet the possession, but has a title to have it, by reason, Of a condition broken; Eliz. Of a title of entry given by forfeiture: 3 20. C. Of a title of entry by reason of acts of parliament:- For assent to a ravisher, &c. A RIGHT of an estate, is where a man is put out of his estate by the wrong of another. Hereby, though he has still the right to have the estate he had before, yet he has not the estate itself in possession. And those rights are of two kinds, Remediable; Remediless. REMEDIABLE RIGHTS are of two kinds: viz. they are remediable, either, By entry, which is called a right of entry; In case of usurpation of advowson. In case of a discontinuance by tenant in tail, &c. In case of a disseisin or abatement, and a dying seised by such disseisor or abator, and a descent to his heir. And here all the learning of Entries congeable; Discents que toll entry. Infants, when bound, &c. REMEDILESS RIGHTS are where the remedy is taken away, though THE RIGHT REMAINS; Which may be either, By warranty, collateral or lineal, with assets, And here comes in the learning of bars and rebut ters by warranty. By nonclaim upon a fine. Supra, Sect. 30. By limitation of time. By the old, or the later statutes, introduced in such cases, viz. 32 H. 8. 21 Jac. 1. The third thing I propounded, was the different quali- Vide § 29. ties and relations in regard of the persons having the estate. And these are, SOLE TENANTS. TENANTS IN COMMON. And here comes in the learning of each of these. SECT. XXXIII. Touching acquisition and translation of estates in things real. First, BY ACT IN LAW. THUS far have I gone in a description of the various natures, relations, and kinds of estates; and now I come to the manner or MEANS of their acquest or translation. And an estate or interest is thus translated, viz. By act of law; By means of the party. Vide prox' Sect. By act of law, there is a various acquisition of things, according to their several natures, viz, Of things real that are CHATTELS. As to the acquest of CHATTELS by act of law; though they are real, they are of the same kinds as things personal, therefore vide ante Sect. 27. [Only with this additional exception, that chattels real go not to the husband immediately by the marriage, UNLESS HE SURVIVES THE WIFE.] As to the acquest of estates of FREEHOLD by act in law, there is only the title Occupancy which here comes in ; As to matters of INHERITANCE, the titles of acquests therein by law, seem to be of two kinds, viz. Such as is applicable to all estates of inheritance, viz. DE SCENT. Such as is applicable only to the acquest of all estates in FEE-SIMPLE. The act in law applicable to the acquest of all estates of inheritance, descent, or hereditary succession, is either Of an estate-tail: or, Of an estate in fee-simple. Touching the descent of estates-tail, THE MANNER OF THE LIMITATION DIRECTS THE DESCENT as aforesaid. Touching the descent of fee-simple, two things are considerable, viz. The rules of the descent itself. The burden or charges that lie upon the heir that takes by descent. The rules of descents of fee-simple are directed, either, By custom; or, By common law. The direction of descents by custom is various; as, The direction of descents by the common law, and the rules Relating to the QUALITY of the persons in the line, ASCENDING, DESCENDING, $18. |