claiming it as his, according to the nature of his actual estate. Read 2 Bl. Comm., p. 312. 3 Bl. Comm., pp. 174–179. 1 Cruise Dig., Tit. i, §§ 24–28. 2 Cruise Dig., Tit. xiii, Ch. ii, §§ 41–55. 2 Wash. R. P., B. i, Ch. xiv, §§ 15, 16. CHAPTER V. OF REAL ESTATES IN REAL PROPERTY. §85. Of Freehold Estates in General. Real estates in real property are of two kinds: Estates of Inheritance, and Estates for Life. An estate of inheritance (known also as an estate in fee) is an estate so created that it may survive the original owner, and, at his death, descend to his heir-at-law. An estate for life is an estate so created that it must terminate with the life of the owner, or with the life of some other specified person. Read 2 Bl. Comm., pp. 104-106, 120. 1 Cruise Dig., Tit. i, §§ 42-44; Tit. iii, Ch. i, § 1. 4 Kent Comm., Lect. liv, p. 4. 1 Wash. R. P., B. i, Ch. iii, §§ 31, 32; Ch. v, Sec. 1, §§ 1, 3. § 86. Of Estates in Fee-Simple. Estates in fee are of two kinds: Estates in Fee-Simple, and Estates in Fee-Tail. (An estate in fee-simple is an estate granted to a man and the largest possible estate. and is the sum of all. his heirs in general.) This is It includes all other estates The owner may freely alienate it, or he may create lesser estates out of it; and, when these lesser estates have all expired, the fee-simple will still rest in him or his heirs. Read 2 Bl. Comm., pp. 104-109. 1 Cruise Dig., Tit. i, §§ 45-86. 4 Kent Comm., Lect. liv, pp. 4-10. 1 Wash. R. P., B. i, Ch. iii, §§ 33-93. § 87. Of Estates in Fee-Tail. · An estate in fee-tail is an estate granted to a man and the heirs of his body.) Estates tail are called general, when granted to a man and the heirs of his body in general; special, when granted to a man and certain special heirs of his body; male, when granted to a man and the male heirs of his body; female, when granted to a man and the female heirs of his body. An estate tail is also called a conditional fee. It was originally an estate for the life of the donee, so granted as to enlarge to a fee upon the birth of heirs capable of inheriting, and to shrink again into a life-estate when the possibility of issue, able to inherit, became extinct. During its continuance the owner could use the property as freely as if his estate were a feesimple, but he could alienate it only for his own life. These estates lost their chief value with the decline of the feudal system, could be defeated by various devices, and, in this country, are of little practical importance. Read 2 Bl. Comm., pp. 109-119. 1 Cruise Dig., Tit. ii. 4 Kent Comm., Lect. liv, pp. 11-22. Will. R. P., pp. 33–47, 54. 1 Wash. R. P., B. i, Ch. iv. § 88. Of Estates for Life. Estates for life are, as to their duration, of two kinds : Estates for the life of the tenant, and Estates per auter vie. Estates for the life of the tenant are such as are so created as to exist during the life of the tenant, and to expire at his death. Estates per auter vie are such as are so created in favor of one man as to exist during the life of another. The tenant is then called tenant per auter vie, and the person, during whose life the estate is to continue, is the cestui que vie. If the cestui que vie dies before the tenant per auter vie, the estate, of course, ceases. If the tenant per auter vie dies before the cestui que vie, the estate still endures, and, formerly, might have been taken possession of and enjoyed by any person as a general occupant. Later, it went to the heir-at-law, executor, grantee or devisee of the tenant per auter vie as special occupant. In some States, it is now regarded as a chattel interest in the hands of the personal representatives of the deceased tenant per auter vie. Read 2 Bl. Comm., pp. 120, 121, 258–262. 1 Cruise Dig., Tit. iii, Ch. i, §§ 1–16, 46–59. 1 Wash. R. P., B. i, Ch. v, Sec. 1. 89. Of the Creation of Estates for Life. Estates for life are created either by an express grant from one person to another, or by operation of law. Read 2 Bl. Comm., p. 120. 1 Cruise Dig., Tit. iii, Ch. i, § 2. 4 Kent Comm., Lect. lv, p. 24. 1 Wash. R. P., B. i, Ch. v, Sec. 1, § 2. § 90. Of Estates Tail after Possibility of Issue Extinct. Three kinds of estates for life are created by operation of law Estates tail after possibility of issue extinct; Estates by Curtesy; and Estates in Dower. An estate tail after possibility of issue extinct is an estate originally granted in special tail, but which, because no heirs now exist or can ever exist who could inherit it, has been reduced, by the operation of law, from a fee to a life-estate in the present holder. The possibility of issue becomes thus extinct only upon the death, without living issue, of some person to whose issue the estate is confined by the grant. Read 2 Bl. Comm., pp. 124-126. 1 Cruise Dig., Tit. iv. Will. R. P., p. 52. 1 Wash. R. P., B. i, Ch. iv, §§ 58, 59. § 91. Of Estates by Curtesy. An estate by curtesy is the estate which a surviving husband has, by operation of law, in the real property of a deceased wife, who, during their married lifetime, was seised of an estate in fee in such real property, and who also, during their married lifetime, had by him a child, born alive, and capable of inheriting her estate. The marriage must have been lawful, or, if voidable, not avoided during the life of the wife. The estate of the wife must have been a fee, either legal or equitable. If the estate be in corporeal real property, either the wife, or her husband on her behalf, must have had the seisin in fact thereof during the coverture. Though the child must be born alive, the duration of its life is immaterial. This estate vests in the husband immediately upon the death of the wife, without further proceedings; and any circumstance, which would have determined her estate if she were living, will determine his. If not so determined, it ceases with his life, and the inheritance then goes onward in her heirs as if no curtesy had existed. Read 2 Bl. Comm., pp. 126-128. 1 Cruise Dig., Tit. v. 4 Kent Comm., Lect. lv, pp. 27–35. Will. R. P., pp. 209, 210. 1 Wash. R. P., B. i, Ch. vi. |