So, if a particular estate be to two for life, and one joint-tenant releases to the other. R. per 3 J. Dolb. cont. Ray. 413. 1 Vent. 345. 2 Jon. 136. Or, to A. for life, remainder to his first son in tail, remainder to A. in fee; though the fee be executed, the remainder is not destroyed. Pol. 90. So, if lessee for life, &c. be disseised: for a present right of entry is sufficient to support a contingent remainder. D. 1 Vent. 189. Per Holt, M. 9 W. 3. inter Thompson and Leach. Salk. 577. 1 Co. 66. b. 135. b. Semb. Pol. 98. (Vide Comyns's Rep. 45.) So, if tenant for life, remainder to his wife for life, remainder to B. remainder to the eldest son of B. makes a feoffment; the remainder to the eldest son is not destroyed: for by the feoffment the estate of the husband and wife shall be lost, by which B. has a present right of entry. R. 2 Rol. 796. l. 35. 794. l. 5. 797. 1. 5. Semb. Pol. 376. 381. And though the lessee, who has a present right, does not enter during his life, yet the first feoffees may enter after his death to revive the contingent estate. R. 2 Rol. 797. 1. 20. Or rather the issue himself. Pol. 395. Otherwise, if the feoffees, after the contingency happened, release their right, or by feoffment or otherwise bar their entry. R. 2 Rol. 797. 1. 40. Semb. cont. Pol. 383. So, if there be tenant for life, remainder to his first son in tail, remainder to B. for life, remainder to his first son in tail, &c. and if B. grants by fine to the tenant for life, who has a son born, and then makes a feoffment; for the right of the son born is sufficient. R. 1 Vent. 189. 2 Lev. 35. So it is sufficient, though the particular estate be once merged or destroyed, if it be revived before the remainder happens: as, if lessee for life, upon which a contingent remainder is limited, makes a feoffment upon condition, and enters for the condition broken, before the contingency happens. Per Holt, M. 9 W. 3. inter Thompson and Leach. Semb. cont. per Hale, 2 Sand. 387. (Vide Salk. 577. Comyns's Rep. 45.) If lessee for life, remainder to his wife for life, remainder to another upon a contingency, makes a feoffment, and dies, and his wife enters before the contingency happens: for this brings back the estate of the wife for life, and the contingent use also. Semb. 2 Rol. 796. l. 50. Acc. 2 Rol. 797. 1. 15. 30. So, if the lessee for life be attainted for treason, whereby his estate is vested in the King; the first son born before or after the attainder shall have it: for the estate of the wife was sufficient to support the contingent remainder to the son. R. Sal. 576. So, if B. after a son born, with him in fee, conveys to A. who makes a feoffment, and then B. has another son, and the first son dies; the right of entry in the first son is sufficient. R. 2 Lev. 35. So it is sufficient if the remainder vests, though the particular estate be afterwards defeated; as, if the lessor disseises the lessee for life, and afterwards makes a feoffment to the use of B. during the life of the lessee, remainder to A. and the lessee enters upon B. whereby his estate is defeated; yet the remainder to A. stands good. Co. L. 298. a. So, So, if a lease be to an infant for life, remainder to B. and the infant at full age disagrees; yet the remainder is good. Co. L. 298. a. D. 1 Sid. 360.. So, where a remainder is limited to a person certain and known, though it takes effect only upon a contingency, yet it stands good, though the particular estate be destroyed: As, a devise to an eldest son for life, and if he does not pay annuities, &c. to the youngest son; if the eldest son makes a feoffment, and afterwards fails in payment of the annuities, &c. the youngest son may enter. R. 2 Rol. 793. 1. 45. for it is not like an use in remainder. Ibid. A devise to A. for life, remainder to the eldest son of A. and the heirs of his body; if A. dies, his wife privement enseint with a son, the son shall have it after his birth. R. cont. but the judgment was reversed in parliament. 4 Mod. 285. (B. 14.) What not. If it be not supported by a particular estate. But a remainder cannot be created without a particular estate: as if an heir endows his mother, remainder to A. in Fee. Pl. Com. 25. b. Though it be by way of an use: As, if husband and wife, seised in right of the wife, levy a fine, and declare the uses to the heirs of the body of the husband upon his wife to be begotten. R. 4 Mod. 155. Ca. Parl. 105. Skin. 351. Vide Uses, (B 2.-K 7.) So, if a particular estate is void in its creation, the remainder limited upon it is also void: as, if a lord grants his seigniory to the terre-tenant for life, remainder over; the remainder is void: for the seigniory granted to the terre-tenant was extinct. Dy. 140. b. So, if a rent-charge be granted to a terre-tenant for years, remainder over; the remainder is void: for, by the grant to the terretenant, the rent is suspended at the commencement. 2 Rol. 415. 1. 20. If a lessor confirms the estate of the lessee for life, remainder in fee. Pl. Com. 25. b. Or disseises him, and afterwards makes a new lease to him for life, remainder in fee: for the lessee is remitted. Pl. Com. 25. b. So a grant to a person incapable, as to a monk, &c. remainder over, is void. 2 Rol. 415. 1. 25. Pl. Com. 35. a. Or, to a person not in rerum naturá, for life. 2 Rol. 415. 1. 27. Otherwise, if a devise be to a monk, a person not in rerum naturá, &c. for life for the remainder over shall be good. 2 Rol. 415. l. 30. Vide Devise, (N 19.) So, if the particular estate be only for years, remainder to the right heirs of B. it is void: for a freehold cannot be in abeyance. R. 1 Co. 130. a. 134. b. 135. a. Mo. 720. 3 Co. 20. Ray. 83. Poph. 4. So a devise to A. for 50 years, remainder to the heirs males of the body of A. will be a void remainder. R. 4 Mod. 259. 1 Sal. Skin. 408. 226. Or, to A. for 50 years if he so long live, remainder to his first and and other sons, remainder to B. R. Mo. 488. R. Sal. 229. Semb. 2 Ver. 131. 372. Or, to B. for years, remainder to the right heirs of B. Per 2 J. 4 Leo. 21. Yet a remainder for years, after a term for years, will be good: for it may be in abeyance. Ray. 142. Vide So a devise for fifteen years, remainder to the first son of B. shall be good for the law aids him qui est inops consilii. Devise, (N 16.) Ray. 83. (B 15.) Or the particular estate be destroyed before the remainder be vested. So, if the particular estate be merged or destroyed before the remainder vests, it never can vest: (q) as, if tenant for life, remainder to the right heirs of B. or upon another contingency, remainder to D. in fee; if D. dies, and his estate descends to the tenant for life, whereby his estate is merged before the contingency happens; the remainder 1 Co. 135. b. never vests. So, in any case, where the reversion descends upon the particular estate, and drowns it before the contingency happens. R. by all the judges (9) 1. Mr. Fearne in the fifth chapter of his essay, considers how contingent remainders are destroyed, or prevented taking effect. 2. And in the first section shews, that every such determination of the preceding estate before the contingency happens, as leaves no right of entry, must effectually destroy the contingent remainder depending upon it.-3. And instances, in the second section, the case of forfeiture or surrender of the tenant for life of a freehold estate. -4. In the third he shews, that the surrender of a copyhold will not destroy a contingent remainder. —5. But, in the fourth, that if copyhold land be surrendered to the use of a person during his life, remainder in contingency, and the tenant for life die before the contingency happens, the remainder fails.-6. In the fifth he shews, that cestui que trusts for life, cannot by a feoffment or other conveyance, destroy a contingent remainder.-7. And in the sixth, that if there be tenant for life, with a contingent remainder thereon depending, a bargain and sale or lease and release by him will not destroy the contingent remainder. 8. In the seventh he proves, that some acts by tenant for life, though they give a remainder man title to enter for a forfeiture, yet do not destroy a contingent remainder, unless advantage is taken of the forfeiture by any subsequent vested remainder man. .-9. And in the eighth, that whether a contingent remainder is created by a conveyance at common law, or limited by way of use, the same rule holds in respect to its capacity of being destroyed. — 10. In the ninth section he shews, that the legal subjection of contingent remainders to the power of the preceding tenant of the freehold, has introduced the estate and trust usually inserted in deeds and wills for preserving contingent remainders. — 11. In the tenth, that if trustees for preserving contingent remainders join in a conveyance to destroy them, a court of equity will consider it a breach of trust. - - 12. But, in the eleventh, that it is no breach of trust in a tenant for life himself to destroy them. — 13. And in the twelfth shews, that, under particular circumstances, courts of equity have directed trustees to concur in the destruction of contingent remainders.-14. Yet, in the thirteenth, that equity views the destruction of contingent remainders by tenant for life in the light of a wrong, or tort, which it is anxious to prevent. — 15. In the fourteenth section he shews, that the alteration in the particular estate which will destroy a contingent remainder, must amount to an alteration in its quantity.— 16. In the fifteenth, that where the union or coalition of the particular estate, and the inheritance (except the circumstance of its being created by, or arising under, the same instrument or deed as the particular estate) happens by the conveyance or act of the parties, the intermediate contingent remainders depending on such particular estate are destroyed.-17. In the sixteenth, that where the descent of the inheritance is imme judges except Flemyng. 2 Cro. 260. 1 Bul. 61. Per Holt, 2 Sand. 386. Arg. So, though the reversion descends upon a particular estate, with a contingent remainder, created by devise; except when it may take effect as an executory devise. R. 2 Cro. 260. R. 2 Lev. 202. So, if the particular estate be merged in the reversion by the surrender of the tenant. Or determined by the death of the tenant. R. 1 Sal. 238. 2 Leo. 70. Though the estate was created by devise. R. 2 Leo. 70. Mo. 371. So, if the particular estate be destroyed before the contingency happens, by the act or wrong of the tenant: as, if tenant for life, remainder to his right heir in tail, remainder in fee to tenant for life, makes a feoffiment, or levies a fine, whereby his estate for life is gone. R. 1 Co. 66. b. R. Cro. El. 630. 1 Co. 135. b. R. Mo. 545, So, if tenant for life be attainted for treason, or felony. R. Mo. 815. Semb. Sal. 576. So, if there be tenant for life, remainder upon a contingency, remainder in tail, and tenant for life joins with the remainder-man in tail in a fine; though each passes only that which he lawfully may, the remainder is lost. Per Hale, 2 Sand. 386. So, if tenant in tail, remainder to the right heirs of B. makes a feoffment in the life of B. the remainder never can vest. 1 Co. 135. b. So, though the act which destroys the particular estate be voidable; as, if a feme covert be tenant for life, and the reversion is granted to her and her husband; though she may afterwards waive it, the contingent remainder depending thereon is gone. R. 2 Sand. 387. 2 Lev. 39. So, if tenant for life be non compos, and makes a surrender to him in reversion if his surrender is not void, but only voidable. R. M. 9 W. 3. inter Thompson and Leach. Sal. 576. (Vide Comyns's Rep. 46.) So, if an estate be to husband and wife for life, remainder to the heirs of the survivor, and the husband alone makes a feoffiment, and dies; the remainder is gone, though the wife might avoid the feoffment eo instante that the contingency happens. R. Cro. Car. 102. Vide 2 Rol. 796. l. 45. But Holt said that it was a nice case. M. 9 W. 3. inter Thompson and Leach. (Vide Comyns's Rep. 46.) So, if tenant for life makes a feoffiment upon condition. M. 9 W. 3. (Vide Comyns's Rep. 46.) Per Holt, Though the condition be broken before the contingent remainder happens: for a bare title of entry is not, though a present right of entry diate from the person by whose will the particular estate and contingent remainders are limited, the descent of the inheritance does not merge the contingent remainders; but that where those estates are not created by the will of the ancestor, from whom the inheritance descends on the particular estate, the descent merges the contingent remainders.-18. In the seventeenth, that where a particular estate is limited with a contingent remainder over, and afterwards the inheritance is subjoined to the particular estate by the same conveyance, the contingent remainder is, generally speaking, not destroyed; where the accession of the inheritance is by a conveyance, accident, or circumstance, distinct from that conveyance which created the particular estate, the contingent remainder is, generally speaking, destroyed.-19. In the eighteenth section he considers the effect of a feoffment upon condition, by a tenant for life, in destroying contingent remainders. is sufficient to support a contingent remainder. Per Holt, M. 9 W. 3. (Vide Comyns's Rep. 46.) Though the particular estate be revived after the remainder first attached: as, by entry for a condition broken, &c. Per Hale, 2 Sand. 387. Per Holt, M. 9 W. 3. Sal. 577. (Vide Comyns's Rep. 46.) So, if a remainder to a person in esse be contingent, because it commences after a contingent fee to another not in esse; if by fine, &c. the particular estate be destroyed before the other comes in esse, the remainder in esse cannot take effect. R. 1 Sal. 224. So a future right of entry is not sufficient to support a contingent remainder. Dub. 1 Vent. 189. Per Holt acc. M. 9 W. 3. inter Thompson and Leach, (Vide Comyns's Rep. 46. Sal. 577.) As, if an estate be limited to A. for life, and afterwards to his wife for life, remainder to the first son of B. &c. If A. makes a feoffment before B. has issue, the contingent remainder is destroyed: for the feoffment by A. passes his estate and the remainder to the wife during the coverture; and so no right of entry was in him during the coverture. Semb. 2 Rol. 796. 1. 45. If A. be disseised, and a descent cast, and five years passed, by which the entry is tolled. Sal. 577. So, if the freehold be gone, or defeated before the remainder upon it vests, though a particular estate for years remains: as, if a feoffment be to the use of A. for years, remainder to B. in tail, remainder to the right heirs of A. If B. dies without issue in the life of A. the remainder to his right heirs is void. R. 2 Rol. 791. 1. 50. So, if a particular estate by devise, &c. be destroyed by the wrongful act of the tenant before any remainder vests, the wrongful estate never can be made.void but by the right heirs of the devisor. 224.5. 1 Sal. (B 16.) What remainder shall be contingent. Vide Devise, (N 16. 17.) If (r) a remainder be limited to commence upon a contingency (s), which (r) 1. An estate is vested, when there is an immediate fixed right of present or future enjoyment. Fearne 2.- 2. An estate is vested in possession, when there exists a right of present enjoyment. Ibid.-3. An estate is vested in interest, when there exists a present fixed right of future enjoyment. Ibid. — 4. An estate is contingent, when a right of enjoyment is to accrue, on an event which is dubious and uncertain. Ibid -5. For example, If A. convey or devise land to B. and his heirs, B.'s estate (in the first case, on the execution of the conveyance, in the second, on the decease of the testator,) is vested in him in possession. Butler's note, ibid. — 6. Again, if A convey or devise land to C. for life, and after C.'s decease to B. and his heirs, B.'s estate is vested in him in interest Ibid.-7. If A. convey or devise land to C. for life, and if D. die in the life-time of C. then, after C.'s decease, to B. and his heirs, the interest limited to B. is contingent. But while the contingency exists, B., properly speaking, has not an estate in the land; he rather has a right to have an estate in the land, if the contingency takes place. Ibid. (s) 1. Mr. Fearne in his second chapter considers the nature of the contingency upon which a remainder may be limited. — 2. And in the first section, treats of the objection to the legal validity of a remainder from its being limited on a contingency depending on an illegal event. 3. In the second, from the remote possibility on which it is limited. 4. In the third, from the condition on which it is limited being repugnant to some rule of law, or contrarient in itself, or inconsistent with the qua |