f. 16. § 17. In confequence of the maxim that nemo eft hæres viventis, an immediate grant to the heirs of A., is Tit. 16. c. 1. void. But a remainder may be limited to the heirs of A., which will be good, in cafe A. dies during the continuance of the particular eftate, or at the instant of its determination. And a grant to the heirs of a person who is dead is good; for, in that case, the word heirs is a fufficient description of the person intended to Venables v. Inft. 24 a. n. 3. Beckford v. Ca. 93. of Eq. B. 1. Fanfhaw's ( afe, Μυο. 235. take. $ 18. Lord Coke fays, if a remainder is limited to the heirs female of the body of A., and A. dies leaving a fon and a daughter, the daughter can take nothing by this limitation, because she is not heir; for the perfon claiming under fuch a description must fully answer it, and, confequently, a perfon having only half the defèription, will be excluded. Now, the defcription confifts of two parts, one, requiring that the donee fhould be heir, the other, that the donee should be a female; and, in the cafe put by Lord Coke, the daughter is not heir, fhe having a brother. This doctrine has been controverted, but is very ably defended by Mr. Hargrave in a note to this paffage. $ 19. In conveyances by or to corporations, the defcription of the corporation must be fuch as to diftinguish it from all other corporations. But there is no cafe where a grant by a corporation has been held void, on account of any variance in any of these four circumstances, namely, Addition, Interpofition, Omiffion, or Commutation; if they retain the four first principles of substance, viz. name of perfons, of house, foundations, foundations, or dedications, places known before the foundation, in which the house is fituated. $20. A rectial is a narration of fuch deeds, agree- Recital. ments, or facts, as are neceffary to explain the nature of the grantor's title, and the motives and reasons upon which the deed is founded and entered into: and, although a recital is not abfolutely neceffary, yet it is now ufually inferted, for the purpose of fhewing the origin and derivation of the title, or of stating some prior facts which are connected with, or relate to, the fubject matter of the deed. § 21. The custom of modern conveyancers is, to recite the title from the last eftate in fee-fimple, and fo derive it from thence to the person who is to be the donor or grantor in the deed; by which means, the donee or grantee will always know how to make out his title, even if his title-deeds fhould happen to be loft or destroyed, by means of counterparts, wills, and matters of record; and it is highly proper that every deed fhould contain such recitals as may fhew its nature and object, and the motives which produced it, and render it unneceffary that other deeds fhould be confulted for its explanation, tion. S 22. After the recital follows an account of the Confideraconfideration, and, if it be a pecuniary one, the payment of it is mentioned, and the grantor acknowledges the receipt of it, and gives the grantee a release. Grant. Defcription of the Things granted. After the real confideration is mentioned, it is proper to add these words," And for divers other .. good caufes and confiderations him the faid A. B. "thereunto moving." Becaufe, where these words are inferted, other confiderations befides thofe mentioned in the deed may be averred. § 23. The acknowledgement of the receipt of the confideration money inferted in the deed is fufficient, but the constant practice now is to indorse a receipt for the confideration money on the back of the deed. § 24. The next thing in the premises of a deed is the grant or release, by which the lands are tranf ferred. The technical words, by which this transfer is made, differ according to the different conveyances which are used for that purpose, and will therefore be more properly confidered when the nature of those different conveyances is explained. § 25. The grant is immediately followed by the description of the things granted which cannot be too minute and accurate. Every thing intended to be conveyed must be particularly mentioned in the premifcs, and fhould be fet down in its proper order, fuch as manors, meffuages, farms, lands, tenements, hereditaments, &c. &c. all which should be defcribed by their fituation, county, hundred, tithing or vill, bailiwick, hamlet, or parish, number of acres and boundaries, in whofe tenure and occupation; and fometimes from whom purchafed. $ 26. The § 26. The word manor has a very extensive fignification, for it will pafs, 1ft, All the demefnes, that is, all the lands whereof the lord is feifed within the manor, which are in his own occupation, or let out in leases, or held by copyholders, or other customary tenants; together with all the waftes within the manor. 2d, All the services, such as fealty, fuit of court, rents, &c. And 3d, All courts leet and courts baron, with the fines and perquifites annexed thereto, and all other franchises that are parcel of, or ap pendant to the manor, at the time of the conveyance. S 27. But things which are not parcel of the manor, Shep, T. 93. will not pafs by a conveyance of a manor, unless perhaps they have gotten from time immemorial a reputation of appendancy. S 28. A grant of a manor with all advowfons, &c. thereunto belonging, will not extend to an advowfon fevered in ancient times; though it was appendant to the manor three hundred years ago. $ 29. Lands held in fee fimple of a manor are not confidered as parcel of the manor, although the rents and fervices iffuing out of thofe lands are parcel of the manor. But where lands which are part of the demefnes of a manor are granted for life only, the reverfion remains parcel of the manor and will pafs by a conveyance of the manor; for (as Mr. Pigott observes) when a man is feifed of a manor and demefnes in poffeffion, and makes a leafe for life, and parts with the poffeffion of what he fo leafes, in lieu of the poffeffion, D 4 Tit. 1. f. 14. 6 Rep. 66b. Shep. T. 94. 1 Inst. 5 b. 56 b. Smith v. poffeffion, he has the reverfion and fervices, which are annexed to the manor, and conftitute a part of it, and the reversion and fervices naturally follow the right and nature of the land. S 30. It has been stated that although many manors have been destroyed, yet they continue to be called manors, though they are only reputed manors; and a reputed manor will pafs in a conveyance by the word manor. 31. The word meffuage is fynonymous with dwelling house. And a grant of a meffuage with the appurtenances will not only pass a houfe, but all 2 Saund. 400. buildings attached or adjoining to it; and also its orchard, garden, and curtilage, with the clofe on which the house is built. But if a greater quantity of land has been usually occupied with fuch house, still it will not pafs. Shep. T. 93. 1 Inft. 4 a. $ 32. The word farm comprehends many things; for by a conveyance of a farm will pafs a meffuage, land, meadow, pafture, wood, &c. thereto belonging, or therewith used: becaufe this word properly fignifies a messuage with a quantity of demefnes thereto belonging. $ 33. The word land, ftrictly taken, only fignifies Tit. 1. f. 3, 4 arable land. But in a larger fenfe it comprehends any ground, foil, or earth, whatever; and therefore a grant of all lands will pafs arable, meadow, pafture, wood, moor, marfh, furze, heath, &c. together |