fion by which an estate in fee fimple might have been created, without the word heirs: fuch as to the feoffee et fuis, or, fuis poft ipfum, or habendum et jure herediInf. 23 b. tario perpetuo poffidendum. So that it is probable, this maxim was not fully established until the principles of the feudal law became generally adopted. § 3. The form of a gift in fee-fimple, in Bracton's time, was, habendum tali et hæredibus fuis de me et hæredibus meis, or, tali et hæredibus fuis, vel cui terram illam dare vel affignare voluerit, with a clause of war. ranty. § 4. It may, however, be now laid down as a gene, S ral rule, that in all feoffments and grants to natural perfons, and also in all conveyances deriving their effect from the statute of uses, no other word but the word heirs, however strong the intention may appear, will create an estate in fee-fimple. And it is obfervable, that there is really no other word in the English lan guage expreffive of all the circumstances which conftitute the idea of an heir, S5. A gift to a man, et hæredibus, with livery of feifin, though the word fuis be omitted, will pass an estate in fee-fimple; because livery of feifin fhall be taken most strongly against the person who makes it. § 6. It is faid by Lord Coke, that if lands are given to a man and to his heir, in the fingular number, he will not take an estate in fee. But Mr. Hargrave obferves, that, according to many authorities, heir may ་ bé be nomen collectivum, and operate in the fame manner as heirs in the plural number, § 7. It was determined in a modern cafe, that the words, to the use of all and every the child or children, equally, fhare and fhare alike, if more than one as tenants in common, and not as joint-tenants, and if but one child, then to fuch only child, his or her heirs or affigns for ever, fhould be conftrued fo as to create an estate in fee in all the children; the words his or her heirs being allowed to operate as words of limitation on all the preceding words in the fentence. Doe v. Mar tin, 4 Term, R. 39. n. 6. § 8. The rule, that the word heirs is abfolutely ne. Exceptions, ceffary to create an estate in fee-fimple, admits of a few exceptions. Thus, if a father enfeoffs his fon, to 1 lnft. 96. hold to him and his heirs, and the fon re-enfeoffs the father as fully as the father enfeoffed him, an estate in fee-fimple will pass; for, in this cafe, the mind is carried to the idea of an heir, as clearly as if the word heir had been inferted in the feoffment. 59. If one coparcener or joint-tenant releases all his Idem. right to the other, it will pass a fee, without the word heirs. S 10. So, if one coparcener grants a rent to the Id. 10 a. other, for owelty or equality of partition, an estate in fee-simple in the rent will pass, without the word heirs; for, as the rent comes in lieu of the inheritance, it has as strong a relation to the inheritance as if the word heirs had been mentioned. S 11. In Ante ch. 8. f. 23. 1 Init. 9 b. 1 Inft. 9 b. What Words create an Eftate Tail. 1 Ink. 20 a. 1 Inft. 20 b. Nevel v. Nevel, 1 Roll. Ab. 387. § 11. In releafes that enure by way of mitter le droit, we have feen, that the word heirs is not neceffary to create an estate in fee-fimple. § 12. In conveyances to corporations, whether fole or aggregate, the word heirs is not neceffary to create an estate in fee-fimple. But the law makes a diftinction between a coporation aggregate and a fole coporation, for a feoffment to a corporation aggregate will pafs a fee-fimple, without any words of limitation whatever; whereas, in a feoffient to a corporation fole, an eftate in fee will not pafs without the word fucceffors. § 13. In a grant to the king, an estate in fee-fimple will pass without either the word heirs or fucceffors; partly, on account of his prerogative, and, partly, because, in judgment of law, the king never dies. S 14. With refpect to the words which are neceffary to create an estate tail in a deed, it is faid by Lord Coke, that the word heirs is as necessary to the creation of an estate tail, as to that of an estate in fee-fimple; for, as every estate tail was a fee-fimple at common law, and as no fee-fimple could be created without the word heirs, it follows, that an eftate tail could not be created without that word. § 15. Lord Coke says, if a person gives lands or tenements to a man et femini fuo, or exitibus vel prolibus de corpore fuo, to a man and to his feed, or to the iffues or children of his body, he hath but an eftate for life; for, although the statute De Do nis provides, that the will of the donor fhall be obferved, yet that will and intent must agree with the rules of law. And Littleton, in his reading on this ftatute, holds, that a gift to man et exitibus de corpore fuo legitime procreatis, or femini fuo, only paffes an estate for life. This doctrine is still held to be law, the word iffue never having been allowed to operate in a deed as a word of limitation. § 16. No technical words are, however, required, to restrain the general import of the word heirs to the immediate defcendants of the body of the donee, and, therefore, any words that fhew the intention of the grant, will be fufficient for that purpose. § 17. Lord Coke fays, if lands be given to B. et 1 Inft. 20 b. hæredibus quos idem B. de prima uxore fua legitime procrearet, this is a good eftate in fpecial tail, although he has no wife at the time, without the words de corpore. So it is, if lands be given to a man and to his heirs which he shall beget of his wife; or to a man et hæredibus de carne fua; or to a man et hæredibus de fe: in all these cases, an estate tail is created, though the words de corpore are omitted. § 18. Lord Coke alfo fays, that the word engendres, Idem n. 3. or begotten, may be omitted: and if the word be procre andis, or quos procreaverit, the estate tail is good: and, as procreatis fhall extend to the iffues begotten afterwards, fo, procreandis fhall extend to the iffues begotten before. Lord Hale has obferved on this paffage, that 2 Ch. 23. f. 59. Bro. Ab. Tit. Abraham v. Twigg, Cro. Eliz. 478. Beresford's 5 18-23. that where the words were, in pofterum procreandis, fons born before fhall be excluded, on account of the peculiar force of in pofterum. § 19. It has been stated, that where lands are given in the premises of a deed to A. and his heirs, habendum to him and the heirs of his body, he will only take an eftate tail. 5 20. Littleton fays, if lands are given to a man and his heirs males, or to a man and his heirs females, the donee will take an estate in fee; because the gift does not specify from what body the heirs male or female fhall iffue. § 21. A feoffment was made to the ufe of the feoffee and his heirs of his body, and, for default of fuch iffue, to G. D., and to his heirs males lawfully engendered, and, for default of fuch iffue, to the right heirs of the feoffor. All the Judges were of opinion, that G. D, took an estate in fee; and that it could not be an estate tail, because there was not any body from whom his heir male fhould come. § 22. But if there be any other words in a gift of this kind, from which an intention to restrain the ge nerality of the words heirs males to the body of the grantee can be inferred, fuch gift will be conftrued to pass an estate tail. § 23. A feoffment was made to the use of the feoffor Cafe, 7 Rep. for life, remainder to the ufe of George Beresford, fon 41. and |