"vifor does not go farther, and give an eftate in fuc"ceffion to the children of fuch unborn issue." And a velted Remainder limited on that Eftate. S23. It is now alfo fettled, that a vefted remainder may be limited upon an estate for life to an unborn person; and the late Mafter of the Rolls (Lord Alvanley) has faid," A queftion might arife, how far "A Rutledge v. "an unborn child is to be made tenant for life, but "it is established on good principles in precedent, cer"tainly that this may be. The doubt was, whether "this was not tying up the estate beyond lives in be ing, and 21 years afterwards; but that is not fo, "where the abfolute intereft is difpofed of and vested, "though part is given for life. For that perfon, with "the perfon having the abfolute intereft, may dispose "of it; it is not unalienable." § 24. But it is equally clear, from what has been stated in the preceding fections as laid down by Lord Kenyon, that an estate limited to the issue of an unborn perfon, as purchasers, would be void; for this would be a poffibility upon a poffiblity, which the law will in no cafe permit; and would alfo render an estate so limited unalienable during a longer period than is allowed. § 25. An estate may be limited by an appointment to a perfon for life, who was not born at the time when the deed by which the power was created was executed. 6 § 26. A Power Dorrell, 2 Vef. Jun. 357 § 26. A power was given in a marriage fettlement to the husband and wife, and the furvivor, to appoint the estate to all or any of the children of the marriage. The wife appointed an estate to one of the daughters for life, remainder to the eldest fon for life; remainder to trustees to preferve contingent remainders; remainder to his firft and other fons in tail male, remainder to the daughter in fee. Lord Kenyon faid, the wife had no power to appoint to the children of unborn children, but he was confined to execute her power among the children. So far, therefore, as she appointed an estate for life to the daughter, with remainder for life to the fon, fhe did well; beyond that, fhe exceeded her power in appointing to the iffue of the daughter, and, therefore, the excess was void, any 27. The rules respecting perpetuities are as applicable to declarations of truft of terms for years, as to other conveyances; but the cafes on this subject being governed by the fame principles as those by which executory devises of terms for years are regulated, will be stated under that head, § 28. It has been already stated, that tenants for life, and also tenants for years, may be restrained from alienating their estates by means of a condition or co venant. Perpetuities created by Act of Parliament. it, 2. ch. 2. f. 42. § 29. Eftates may be rendered unalienable by act of parliament, as in the cafe of eftates tail granted by the the Crown to individuals as a reward for services, where the remainder or reverfion is vefted in the Crown, which cannot be barred by fine or recovery. par Tit.35. c. 13. Cafe, 3 Rep. 36. $ 30. There are alfo feveral inftances of particular Mountjoy's estates which are rendered unalienable by act of liament. Thus, by a private act, 3 Cha. 1., the castle, honour, manor, and lordship of Arundel, together with other estates, were limited to Thomas Earl of Arundel and Surrey, and the heirs male of his body; remainder to the heirs of the body of the faid Earl; remainder to Lord William Howard, and the heirs male of his body; remainder to the heirs of the body of the faid Lord William Howard; remainder to the faid Earl of Arundel and his heirs. And it was further enacted, that neither the faid Thomas Earl of Arundel, nor any the heirs male or other heirs of his body, nor any other perfon or perfons his or their heirs male of his or their bodies iffuing, to whom any eftate of inheritance of or in the premises, or any part thereof, fhould thereafter come, defcend, or accrue by force or means of the faid act, fhould thereafter alien, give, grant, bargain, and fell, or otherwise convey away the fame, or any part thereof, or any other thing do, which fhould or might be to the disherifon of the heirs inheritable by force of the faid act. S 31. By the ftatute 5 Ann, c. 3., it is enacted, that the Duke of Marlborough fhall stand and be feised of the honour, manor, and park of Woodstock, for and during the term of his natural life; remainder to the heirs male of the body of the faid Duke; remainder to all his daughters, and the heirs male of their refpective bodies, feverally and fucceffively, according to the priority of their birth, with a provifo, that neither the Duke or the heirs males of his body, nor any of his daughters or the heirs males of their bodies, fhould have any power, by fine or recovery, or any other act, to hinder, bar, or difinherit any the perfon or perfons to or upon whom the faid manors, &. were thereby limited, from holding or enjoying the fame, according to the limitations in the act mentioned. by matter of Record. HAVING explained the nature and operation of Alienation deeds entered into by private perfons, which derive their effect from the confent of the contracting parties; I fhall now proceed to treat of thofe affurances which are effected by matter of record; that is, where the fanction of a court of record is called in to fubftantiate, preserve, and be a perpetual teftimony of the transfer of property from one perfon to another. § 2. The first of these is a private act of parlia- Private A&t. ment, which derives its origin from the following cir cumstances. It was a common practice, fo early as in the reign of Edw. 1. for perfons to prefent petitions to parliament for relief in private affairs. Thefe were referred to Hale's Juifd. of Lords, ch. 4. ch. 10. |