life, remainder to the first son which B. shall have, in tail, remainder to B. and his heirs; the estate is executed in B. till the son be born. Vide 2 Sand. 383.

So, to B. for life, remainder to the first son which B. shall have, in tail, remainder to the heirs of the body of B. begotten, &c. an estate tail is executed in B. Cont. per 2 J. Cro. El. 316. But acc. clearly,

2 Sand. 383, 386.

So, if it be to B. for life, remainder to his first son who shall have issue male and his heirs for ever, and for want of such issue, remainder to B. and his heirs. R. Cro. Car. 364.

So a devise to A. for life, and after his death to the heirs of his body, is an estate tail executed. R. Cart. 171. Vide Demise, (N 5.)

So a covenant to stand seized to himself for life, remainder to A. for life, remainder to the first, second, third and every other son of his body, and the heirs male of the bodies of such first, second, and other son issuing severally and successively; provided that if A. dies without issue male, the covenantor shall stand seized to the intent to raise 100%. for a daughter, shall be an estate tail executed in A. R. 2 Jon.

114.

So a feoffment to the use of husband and wife for life, remainder to their first son in tail, remainder to the husband and wife and the heirs of their bodies, is an estate tail executed in them. Co. L. 28. a. R. 11 Co. 80.

But if an estate be to A. for life, remainder to the next heir male of A. and the heirs male of his body; it is not an estate tail executed in A. because the remainder is to his next heir male in the singular number, with words of limitation to his heirs. R. 1 Co. 66. b. Archer.

Or, to A. for life, remainder seniori puero of his body, in tail. R. Mo. 104.

Though the remainder to the next heir be upon a contingency, and in abeyance. Semb. Pol. 83, &c.

So, if there be a mesne remainder in esse, the estate shall not be executed: as, if it be to A. for years, remainder to B. for life, remainder to the right heirs of A. it shall not be an estate executed in A. R. 3 Lev. 407.

Or, to A. for life, remainder to his wife, remainder to the right heirs which A. shall beget upon the body of his wife; it is not executed in A. because of the remainder to the wife. R. Ray. 36. 1 Sid. 83. R. 2 Lev. 407.

Or, to A. for life, and afterwards to the wife for life, remainder to the heirs of both their bodies. Ray. 36. R. 1 Lev. 37.

So a possibility may prevent the execution of an estate: as, if a devise be to A. his son and heir, and if he dies without issue living B. to B. and his heirs; if he has issue living at his death, to the issue and his heirs; this mesne possibility prevents the merger of the estate for life in A. by the descent of the fee. 3 Lev. 407.

So, if an estate comes by several conveyances, it shall not be executed; as, if by indenture an estate is settled to A. for life, and afterwards by devise it is given to the issues of the body of A. Per Holt, Skin. 559.

(B 19.) A remainder; by what words created.

If any words are used by which an estate is raised depending upon a particular estate, it is sufficient: as, if a man makes a lease to A. for life, and that after the death of A. the lands redibunt to B. and C. and their heirs; it will be a good remainder to them. Pl. Com. 29. a.

If a lease be to A. for life, remainder to W. and if W. dies living A. that then it shall remain to B. it will be a good remainder to B. for it does not import that B. shall have it in the life of A. if W. dies, but that he shall have it in remainder, as W. had it. Pl. Com. 29. b. 32. a.

If a devise be to A. for life, and if he has issue male, to his issue male and his heirs, a remainder vests in the first son: for the issue male shall be taken as a single person. R. 1 Sal. 224.

(B 20.) When it shall take effect.

If a demise be to A. for 10 years, and of other land to B. for 20 years, remainder after the determination of those several leases, to C. when the 10 years expire, the remainder begins in the land demised to A. for it shall be construed distributively. R. 5 Co. 7.

So a devise of land to A. for life, of a house to his wife for a year after his death, and that after a year and the death of A. all his lands and tenements shall go to B.; he shall have the house at the end of the year, though A. be then living. R. 1 Lev. 212.

If a limitation be to the use of A. for life, and of other land to the use of B. for life, and after the death of A. and B. that the whole shall go to D.; he shall have, after the death of each, the land limited to him. R. Pol. 65. 67.

If a devise be to his two sons and the heirs of their bodies, and that his executor shall have it till his sons attain their several ages of twentyone years; if the eldest attains twenty-one years, he shall have his part, though they are joint-tenants. R. 2 Cro. 259.

But where there are cross-remainders, or by express words he in remainder shall not take part till he takes the whole, there the remainder shall not take effect by parcels: as, if a devise be to A. and B. and their heirs equally to be divided, and if they die without issue, I give all the lands to D.; if A. dies without issue, a moiety does not go to D.; for the intent is expressed, that he shall take the whole only when both are dead without issue. R. Ray. 452. Pol. 425. 434. Vide Devise, (N 14. 15.)

(B 21.) A gift in tail, with a fee expectant.

If a feoffment be to the use of A. and a woman whom he intends to marry, and their heirs, habendum to them and the heirs of their bodies, they have an estate tail, with a fee expectant. R. 2 Rol. 19. 23. Cont. 8 Co. 154. b. Co. L. 21. a. Vide Fait, (E 9.) (E9.)

Or if a feoffment be to A. and the heirs of his body, habendum to him and his heirs. Co. L. 21. a.

(B 22.)

(B 22.) Alienation by tenant in tail:- What does not bar the issue.

By the st. W.2. 1. de donis, it was enacted, quod non habeant illi quibus tenementum fuit sic datum (viz. the tenant in tail) (b), potestatem alienandi, &c.

And therefore, by common law since this statute, tenant in tail could not by fine, feoffinent, grant, release, or confirmation, &c. bar the estate tail. 2 Inst. 335.

Nor tenant in tail by descent, though the statute says, illi quibus tenementum fuit datum. 2 Inst. 336.

So he cannot charge the estate tail. 1 Rol. 841. 1. 52.

So, if he accepts a fine sur conuzance de droit come ceo, &c. from another; that does not change his estate. R. 1 Vent. 257.

So a fine by him, without proclamations, does not bar the entail, though it makes a discontinuance. Semb. Jon. 354. Vide Fine, (G 1.).

(B 23.) What shall be void.

If tenant in tail makes a grant of a thing not in esse, as of a rent de novo out of land, the grant after his death is void as to the issue. Co. L. 327.b. 3 Co. 85. b. Pl. Com. 437.

1 Lev. 168.

So, if he grants the next avoidance. R. 1 Rol. 853. 1..5.. 1 Bul.

32.35.

Or be bound in a statute-staple, &c. Pl. Com. 437. a.

So, if tenant in tail in remainder after an estate for life, grants his estate to another, it determines by his death.

So, if tenant in tail makes a lease to commence after his death by express words, it will be void. 1 Sid. 261.

(B 24.) What only voidable.

But if tenant in tail makes a discontinuance by feoffment, &c. this is only voidable by action of the issue or him in remainder or reversion. Co. L. 327. b. 3 Co. 85. b. (c)

So, if by bargain and sale, covenant to stand seised, lease and release, &c. he conveys to a stranger, a base fee passes, which is not avoided till entry of the issue. Vide Post, (B 33.).

So, if tenant in tail makes a lease rendering rent, not warranted by the st. 32 H. 8. it is only voidable.

Though the lease be to commence at a future day, and he dies before the commencement. 1 Rol. 842. 1. 50. 843. 1. 15. R. Pl. Com. 437. Or without rendering rent. R. 1. Sid. 261.

So, if tenant in tail grants an advowson, common, tithes, rent in esse, or other thing which lies in grant to another in fee; the issue in tail may make the grant void, or only voidable, at his election: for he may

(6) But still the prohibition was extended by the judges to the issue in infinitum. And Broke says, the omission of the heirs of the donee in the statute was a misprision of the clerk. 1 Cruise, 95. Plowd. 13. T. Jones, 239. Bro. Abr. Parliam. 91. 2 Inst. 336.

(c) Lord Raym. 779.

by entry or claim make it void, or avoid it by a formedon. Co. L. 327. b. R. 3 Co. 84. 5.

So, if tenant in tail grants a reversion or remainder.

86. a.

3 Co. 85. a.

Though the grant was by fine before the st. 32 H. 8. R. 2 And. 110. So, if tenant in tail makes a feoffment, though he cannot retain the estate or profits, yet the right to the entail remains in him, which may be barred by fine or recovery, or, if it be not barred or forfeited, shall descend to his issue. R. Hob. 336.

(B 25.) What bars the issue: A fine with proclamations. Vide post, (B 31.)

So, by the st. 4 H. 7. 24. a fine in C. B. of lands, tenements and hereditaments after ingrossing shall be proclaimed the same term and three following terms at four several days in every term: and being so proclaimed, shall be a final bar, and conclude all privies and strangers, except, &c.

Vide 1 Leo. 75.

And by the st. 32 H. 8. 36. fines with proclamations by persons of full age of lands, &c. before such fine levied entailed to the person levying the same, or any of his ancestors, in possession, reversion, remainder, or use, shall be a sufficient bar and discharge for ever against them, or any of their heirs claiming only by such entail, &c.

And therefore if tenant in tail levies a fine of lands to him entailed with proclamations, the issue in tail shall be barred by it: for the st. 32 H. 8. makes it a bar to the issue expressly. R. Raym. 359.

3 Co. 84.

Though the fine was levied of an estate tail in reversion or remainder, and not in possession. 3 Co. 84. Cro. El. 610.

So, if tenant in tail be disseised and afterwards levies a fine with proclamations, the issue shall be barred by it: for the statute does not speak of a seisin at the time of the fine, and the issue, being privy, is estopped to say, quod partes finis nihil habuerunt. R. 3 Co. 89.90.

Cro. El. 610.

Or makes a discontinuance, and afterwards disseises the discontinuee, and levies a fine. R. 3 Co. 91. a. Bend. pl. 156. Cro. El. 610. Though the discontinuee enters and avoids the fine, before all the proclamations pass. R. 3 Co. 91. a. Cro. El. 610.

So, if the king tenant in tail levies a fine, &c. the issue is barred. R. 7 Co. 32.

If the issue in tail levies a fine, &c. in the life of the tenant in tail, who afterwards dies, the issue and all his issues are barred; for the statute speaks of lands entailed to the person levying the same, or any of his ancestors. R. 3 Co. 51. a. 90.b.

So, if the issue in tail disseises his father, and afterwards levies the fine. R. 3 Co. 90.

So, if tenant in tail has issue two sons, the eldest levies a fine in the life of his father, who dies, and afterwards the eldest dies without issue; the fine shall be a bar to the younger brother: for he claims the entail through his eldest brother. Per Periam, Mo. 252. Hob. 258. Co. L. 372. a. Jon. 32.

So, if there be grandfather, father, and son, the grandfather tenant

in tail, the father levies a fine in the life of the grandfather, and dies in the life of the grandfather, and then the estate descends to the son; he shall be barred by the fine of his father: for, though he claims from the grandfather, yet he derives his title through the blood of his father. 3 Co. 90. b. Hob. 333.

So, if A. tenant in tail, remainder to the heirs male of his father, levies a fine, and dies without issue; the son of a father by another venter is barred. R. 3 Leo. 10.

So, if an estate tail be devised to B. when he attains twenty-four years of age, and he before such age levies a fine, and after such age dies; the issue is barred: for the statute speaks of land before the time of the fine entailed, &c. which extends to an entail in futuro. R. Cro. El. 122. 10 Co. 50. a. 2 Leo. 36. 3 Leo. 211. Cro. El. 610. So, if husband and wife be tenants in tail, vies a fine; it bars the issue in tail: for he of both. R. Dy. 351. b. R. 9 Co. 140. R. 1 And. 39. Sav. 9.

And if the husband dies,

and the husband alone leclaims as heir of the body Bend. pl. 257. Dal. 50.

and his wife afterwards enters and avoids the fine (as she may within five years) whereby she is seised of an estate tail, and the remainders are revested; yet after her death the issue is barred. Hob. 257. 259. Dal. 50.

So, if the husband, after a fine by him alone, declares the uses to him and his wife, by which they are remitted, and the remainders revested; yet the issue is barred: for after the death of the wife the remitter ceases, and the estates are turned again to a right. Hob. 260.

So, if tenant in tail of a rent issuing out of the manor of D. levies a fine of the manor, with intent to bar the rent; the issue shall be barred, though the rent was not expressed in the fine: for it is comprised within a fine of the manor out of which it was issuing. Per 2 J. Hut. Cont. 2 Cro. 699. 2 Rol. 500.

So, if tenant in tail of an office, levies a fine of land belonging to the office. 2 Rol. 500.

If tenant in tail levies a fine and dies before all the proclamations are past, yet the issue shall be barred if the proclamations afterwards pass. R. 3 Co. 86. b. 90. a. Semb. 2 And. 112.

And the issue, by entry, or action, or claim, before the proclamations are all past, cannot avoid the fine. R. 3 Co. 87. a. 90. b.

And every fine shall be intended to be with proclamations, till the contrary appears. R. 3 Co. 86. b.

And the statutes which make a fine with proclamations a bar, give all incidents to perfect the fine. If it be levied by him in reversion, &c. a Quid juris clamat, &c. R. 3 Co. 86. b.

If tenant in tail levies a fine, the issue shall be barred, though within age, out of the realm, covert, non compos, or in prison. R. 3 Co. 91. a. So the king tenant in tail may bar by fine. Cro. Car. 96, 7.

So a fine by tenant in tail not only bars, but extinguishes the estate tail. 4 Mod. 5. 2 Leo. 37. 1 Sal. 338.

For a fine by tenant in tail is as complete a bar to the issue, as a feoffment by tenant in fee. 1 Leo. 85.

And therefore, it will be as effectual a bar when found by verdict, as if it had been pleaded. R. 2 Leo. 37.

But if tenant in tail makes a feoffment, and the feoffee levies a fine,

the