If lands be granted to two & heredibus without 20 H. 8. 35. this word "suis," by this [gift] they have an estate for their lives and no longer, [for want of words of appropriation, and consequently for want of certainty in whom the fee shall vest. In a will the word suis would be implied.]

1. 140.

If one grant lands to I. S. to have and to hold Co. 5. 112. to him and his heirs for his [the grantor's] own life, or for the life of I. D.; by this [grant] I. S. hath an estate for life and no more. [But if a grant be made to a man and his heirs, habendum to him for his own life, the habendum would, it is said, be repugnant to the grant, and the grantee would have the inheritance. Sed query, and see 1 Pow.Wood, 199. But if the habendum had been for the life of another person, it would have been consistent with the grant, and retained in construction; so as to confine the duration of interest to the period of the life.]

If one [by deed, for a like gift in a will passes the Co. 4. 29. fee simple. 2 Prest. Est. p. 74,] grant lands to A. super Lit. 1. 8. and B. habendum sibi & suis, omitting all other words; or [in a deed or will] to have and to hold to them and their assigns; by this they have an estate for life only. So if lands be granted to any natural person, to have and to hold to him and his successors; by this [gift] he hath only an estate for his life. [In a will this limitation passes the inheritance.]

If one grant his lands to I. S. to pay his debts, Co. 8. 96. to have and to hold to him generally, without limiting any estate; in this case I. S. hath an estate for life only. [In a will these words pass the inheritance. 2 Prest. on Estates, p. 74.]

If lands be granted to A. and B. to have and to Dyer, 186. hold to them for their lives, to the use of C. for his life; by this [grant] C. hath an estate for his life if A. and B. live so long, [because an estate arising from an use cannot be larger than the estate conveyed to serve the use; and C. cannot have a larger estate than is limited to himself, and that estate is for his life. But if a grant be made to a man and his heirs, habendum to him and his heirs, to the use of him and his heirs for lives, this habendum and declaration of use, are one entire limitation at the common law, and the grantee hath merely an estate for the lives. The effect would have been different if a remainder had been limited to the use of another person, for then the grantee would

Lit. sect. 613.
Co. 1. 53.

Super Lit. 345.
Plow. 562. 162.

Co. super Lit.

24.

P. 24. b.]

have taken the fee to supply a seisin to the uses;
and he would have had an estate for the lives
under the Statute of Uses. Jenkins and Young,
Cro. Car. 230; 1 Prest. Est. 180; and 3 Prest.
Abst. p. 52.]

If a tenant in tail grant totum statum suum; by
this [grant] the grantee hath an estate for the life
of the grantor, and no longer. [But a grant by
tenant in tail to another and his heirs passes a
determinable fee. Machel and Clarke, 2 Lord
Raym. 778.] And if a lessee for life grant all his
estate, hereby his estate for life doth pass, for this
is as much as he can lawfully grant, [and the law
prefers, in its construction, an estate by right to
an estate by wrong. 3 Prest. Abstr. p. 51.]

If a man have a son and a daughter, and die, and lands be granted to the daughter and the heirs [Harg. Co. Lit. females of the body of the father; it seems by this [gift] she hath only an estate for life; [for the son is the general heir of the father, and therefore the daughter does not answer the description of heir. But if the son should die without issue in the lifetime of his sister, or of any of her descendants, being females and heirs, so that a daughter, &c. become the general heir of the father, she may take an estate tail as purchaser. So also, if the son should die, leaving a daughter or daughters, &c. such daughter or daughters, &c. may take an estate in tail female, as purchasers. Counden v. Clerk, Hob. 29. And after an estate in tail female has once vested, the succession would be from female to female, as heirs in tail, notwithstanding a male may be the general heir. In a course of descent to such estate in tail female, no female, being a descendant from a male, could take, as heir in tail. Preston on Estates, ch. Tail.]

Co. super Lit. 42. 234, 235.

If one grant land to another, to have and to hold to her while she shall live sole; or during her widowhood; or so long as she shall behave her- *P. 107. self well; or so long as she shall dwell in such a house; or so long as she pay 107. yearly; or so long as the coverture between her and her husband shall continue; or if one grant lands to a man, to have and to hold unto him until he shall be promoted to a benefice, or the like: in all these [and the like] cases, if livery of seisin be made according to the deed; or if the grant be of such a

thing whereof no livery is requisite, the grantee
hath an estate for his life, and no more, and that
determinable also. [These are denominated estates
for life, with collateral determinations. Prest. on
Estates, ch. Life; Ib. 1 vol. ch. Fee, p. 442. 480.]
If one grant lands to I. S. to have and to hold
to him for life, and doth not say for whose life;
this regularly shall be taken for the life of I. S. the
lessee, and not for the life of the lessor. But if
the lessor himself have but an estate for life in the
lands granted, then the lease shall be construed to
be, and to endure during that life only, by which
the lessor did hold; [this construction is partly] to
prevent a forfeiture. [And it is apprehended, even
though no forfeiture would be incurred; since it is for
the interest of the grantee to have this construction
of the grant. Prest. Estates, ch. Life.] And if he
that doth make the lease, be tenant in tail of the
land, this [grant] shall be taken to be a lease for the
life of the lessor. And if a tenant for life of land
make a lease for years of it, and then grant his
reversion by the name of a reversion, to another,
to have and to hold to him and his heirs [generally ;]
by this [grant] he [the grantee] hath only an estate
for the life of the grantor, and no more. So, if
tenant in tail of land, grant it to one for years, and
after grant his reversion to another, to have and to
hold to him, and his heirs; this shall be construed
to be an estate for the life of the tenant in tail, and
no longer; and the attornment of the tenants in
these cases will not alter the case. [This conclu-
sion is over-ruled by the determination in Machell &
Clarke, 2 Lord Raym. 778; and it is now settled
contrary to the opinion of Lit. § 612, that the grant,
&c. of a tenant in tail to one and his heirs, will
pass a fee determinable on failure of issue inhe-
ritable to the estate tail, and defeasible by the issue
in tail, unless they are barred by a fine with pro-
clamations, &c.] And so it is in case of a release
also, [operating in enlargement of estate;] as if te-
nant in tail doth release to B. (being lessee for years
of the land) all his right to the land, this [release]
shall be taken to enure but for the life of the ten-
ant in tail and no longer. [This is true for want
of words of limitation to the heirs; but if the
heirs had been named, the release would have
passed a base or determinable fee. 1 Preston on

Co. super Lit.
Plow. 161.
F. N. B. 168.

183. 42.

Co. super Lit.

Estates, p. 400; 1 Abstr. p. 127; 2 Prest. Convey. p. 349] as if a man retain a servant, and say not how long; this shall be taken for a year (21). Constructio legis non facit injuriam, [is the general rule applicable to these cases. Another rule, also applicable, adopts the construction most beneficial to the grantee.]

If one grant to I. S. that if he be not paid 147. Co. 8. 85. yearly for his life 40s. he shall distrain in the land of the grantor for it; by this [grant] I. S. hath [a rent and] an estate for life in the rent. And if a man by his deed grant a rent of 107. issuing out of all his land, quarterly, at the usual feasts, this [in the absence of a limitation of time] is an estate for life of the grantee. [If the grantor had a term of years or for life, the rent would, by construction of law, be for a corresponding or equal term. Butt's case, 7 Rep. 23; 2 Prest. Abstr. p. 23.]

Co. 5. 9. 11. 3.

If one grant lands to I. S. and I. D. to have and to hold to them during their lives, omitting these words [and the longest liver of them] by this notwithstanding they [the lessees] shall [except in the instances already noticed] hold it during the life of the longest liver of them; [and if one of them make a lease for years, that lease may continue, notwithstanding his death. But if he sever the joint-tenancy, he becomes merely tenant for his own life. Prest. on Estates, ch. Life; 2 Prest. Abstr. p. 63; 3 Prest. Convey, p. 407, 445. They are joint-tenants, and take an estate for their lives, and the life of the survivor, to give effect to the consequences of law, in regard to joint-tenancy; but from the moment the joint-tenancy ceases by alienation, the right of taking any benefit from the joint-tenancy will no longer exist; and then, by construction of law, the estate of each grantee is to continue merely for the life of that grantee.] And if lands be granted to A. to have and to hold to him during the lives of B. C. and D. without any more words; by this [grant] A. hath an estate during all their lives, and during the life of the longest liver +38 Eliz. B. R. of them. And if lands be granted to A. to have Rose & Adwick, and to hold to him during his life, and during the lives of B. and C.; by this [grant] he hath a lease for his own life, and the lives of B. and C., and the longest liver of them. But if a lease be made to

in the case of

(21) For that retainer is according to law. See 13th edition, Co. Lit. 42,

*P. 108.

Occupant.

*

a

Adjudged Hobart & Wisemore's case.

B. R. 8 Eliz.

I. S. of land, to have and to hold to him during
the time that A. and B. shall be justices of peace,
or during the time that A. and B. shall be of the
Inner Temple, or the like; in these cases the
failure of one doth determine the estate. [For
these are leases with collateral determinations. The
construction on this limitation requires that each of
the persons should continue a justice, &c. Prest. on
Estates, ch. Life; 2 Abstr. 18; 2 Preston Convey.
p. 183.] And if a lease be made to B. only,
to have and to hold to him and C. for their lives,
[though the life of the longest liver of them be
added;] by this [lease] B. hath an estate for his own
life only, and no more, and C. hath nothing at
all (22). [For as the grant is void as against
C., since he is not a party to the deed, his life
shall not form a part of the limitation of the
estate; for, in construction of law, the limitation
for the life of the longest liver, &c. is expressed,
and expressio eorum quæ tacite insunt nihil operatur;
Eustace's case, 3 Salk. 204. This subject is fully
examined in Essay on Estates, ch. Life; and is under
discussion in Doe v. Wilson, Mich. Term 1820.
But if the lease had been to A., habendum to A.
and B. successively as they are named, B. might
have taken by way of remainder, and been tenant
for his life.] And here, by the way, let it be Co. super Lit.
observed in these and such like cases, where lands 41.239.388.
are granted to one man, to have and to hold to him 28 Dyer, 328.
or to him and his assigns, or to him, his execu-
tors, administrators and assigns;" [it is doubtful
whether executors or administrators could have
been, though heirs may be, special occupants;
3 Prest. Abstr. p. 175;] during the life, or during
the lives of others; and in most cases where a man
is tenant pur auter vie, i. e. for the life, or lives, of
another, or others, if the tenant pur auter vie in
possession die, his estate shall not go to his heirs,
executors or administrators, unless they can first
get into possession after his death; but he that can
first get into the possession of the land after the
death of the tenant pur auter vie, shall have it for
his life, and after his death, then he that can first
get into the possession again, &c. [See Hargrave's
note on Co. Lit. p. 41 b; Essay on Estates, ch.

Plow. 556.

Co. 10. 98.

321.264.

(22) See further as to what words make an estate for life, in Vin. Abr. Estate, (N. a.) Bac. Abr. Estate for Life, (A.)