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press estate tail, but afterwards says, unborn) of 1. B. for life, and aker such devise shail be toid as to ill- his decease, or the accession of his heritance of heirs if she die uithout paternal estate, to his second son issue, and then the estate shall de- apd bis heirs male, with remainders scend to his heir male. A common over, suen second son of 1. B. bed Teeuvery suffered by the daughter boru, will take an estate jo tail male, as tevaut in tail in her lifetime is Ly way of executory devise, deler. good, though she afterwards die minable on the accession of ihe without issue. Driver d. Edgar v. family estate, and in the interim, Edgar. Corp. 379.

the lands will descend to the heir 10 A limitation in a will to the heirs of the testator. Nicholls.. Vicholl. male of the body of a way to whom

2 Black. 1139. the will gives an estate for life in 14 The devisor, having devised lands the premises, vests in the ancestor, to his wife, added - if my son K. notwithstanding the premises are (the eldest) happen to die withont given to him expressly for life, not- Leirs, then my son J. shall enjoy withstanding the words, his heirs my lands;" it was holden, that i. forever," are superadded to the lim- only took an estate tail, and that on itation, and notwithstanding the his death without insue, and wibout Dext limitation over is made express- having levied a fue, or suffered a ly“ if the ancestor shall die with- recovery, J. was entiiled to recover out such heir male,” under a devise from the devisee of k. Geceright to A. for life, and after liis decease, d. Goodridge v. Goodridge. Hitles, to the heirs male of the body of the 369. said A. and his fieirs forever; but 15 Under a devise to one and his heirs, if 1. shall die without such heir and if he die without issue of his male, remainder over, 1. takes an body, remainder over, an estate tail estate tail. Goodright v. Pullyr. only passes.

Under devise to one 2 L. biaymond, 1937. Strange, and his heirs, and if he die without * 29.

issue of his body or under 21, reil Devise to the heirs of the body of mainder over; an estate tail deler

A. the elder of such issue, and his, minable on the event of his dying her, and their heirs, to inherit be. under 21. A person benefited by a fore the younger, and his, her, and devise is not, under the 29 Car, 2, their heirs, remainder over, vesis c. 3, s. 5, a competent witness la an estate tail in the eldest daugher attest the execution of the mill conof 1. (there being no son,) with re- taining such devise. Hilliard s. mainder in tuil to the youngesi Jennings. i L. Raym. 503.

leny v. Purcell. 2 Black. 1002. 16 Devise to A. for 90 years, if he se 12 li a man devise to . for life, and long live, remainder in the beirs of

if d. dis without issue' then over, his body; and, subject to those esthe subsequent words enlarge 's tates and contingencies, to B. in estate, and give him an estate tail. tail, remainder tu C. in fee. The Brice v. Smiili. 'Willes, 1.

heirs of the body of A. take an esOr, if he devise to A. and his heirs, tate tail by executory devise. Har

and if . die without issue then o- ris v. Barnes. 1 Black. 643. ver, the subsequent words restrain 17 Devise to S. S. and the heirs of t: The former derise to an estate tail, body lawfully to be begotten, anual and shew that “heirs” only mean their lieirs forever, charged with th "Bicirs of the body." Ibid.

payment of 81. per annuin to .4.6. And it is immaterial whether the de- during his life; but in ease tbees!

vise over be to the right heirs of S. S. shall die without learing jest 1. or to a stranger.

of his body. then unto IF. G. anPr a desire to the second son illon his heirs, charged as aforesaid, and


also with 1001. to 1. B. within one his child or children, forever; year after W. or his heirs shall be but, if he die before that time, then possessed of the lands devised. S. the fee simple and inheritance to S. lakes only an estate tail. Denn B. forever (there being no child of V. Shenton. 1 Corp. 410.

A. in esse ;) A. lakes an estate tail. 18 Devise by father to son, and his Darie v. Sievens. 1 Douglas, 321

heirs forever; and for want of such to 324. heirs, then to the right heirs of the 26 Devise to trustees and their heirs father, is an estate in tail. Not- in trust, to permit si to take the tingham v. Jennings. 1 Salk. 233. profits for his life, and afterwards 1 L. Raym. 568.

to stand seized to the use of the 19 Devise to G. G. for life, and after heirs of A.'s body, is a use in A. his death, to the issue male of his and he has a tail. Whatever

was, body, and heirs male of the body of or would bave been a trest at comsuch issue, is an estate tail in G. G. mon law, is since the sialutes of Hoe on dem. of Dolson y. Greu and uses executed. Droughton v. Langothers. 2 Wils. 322.

ley. 2 Salk. 679. 2 L. Raym. 873. 20 Devise to A. for life, and after to 25 A devise of all the lestator's real

kis heirs male of his body, and his esiale in vi. 10 B. during life, and, heirs forever; and for want of such at Di's death, to the children of B. heir male, remainder over; is an will remainder over, gives either estate tail in A. Goodright er de- an esiate tail to B. or an estate for mise of Lisle v. Pullin and another. life 10 B. with remainder in tail to 2 Str. 729.

B.'s children. Hodges v. Middle81 Devise to a man and his sons in ton. 2 Long. 431 10 135.

tail male, and in failure of such is. 28 Under a devise 610 A. for life, and sue male, remainder over, the de- after his decease to and amongst his visee having then no issue, gives issue, and in default of issue," then the father an estate in tail male. over, A. takes all estate tail. Doe

Wharton y. Gresham. 2 Black. 1083. d. Blanford v. Applin. 4 Term 32 Circumstances twisted together, Rep. 82.

will interpret a devise to be in fee, 29 Under a devise to J. of all the which on the face of it is only for testator's whole estate and effects, life. Frog morton lesse of Bramston real and personal, &c. “ who shali 1. Holyday and others. 1 Black. hold and enjoy the same as a place 535. 3 Burr. 1618.

of indieritance to her and her chil. 23 Devise to T. G for and during his dren, or her issue for ever. And if

natural life, and after his decease to it should happen that A. should die, his heirs and assigns forever, and leaving no rbild or children, or A.'s for want of such heirs, to T. E. his children should die without issue," heirs and assigns forever. T. G. then over; held, that 1. took an eshas ovly an estate tail. Morgan tate tail. Wood and Ux. v. Baron. & Ux. v. Griffith and another. 1 1 East, 259. Coup. 234.

30 Testator devised " all his freehold, 21 An estate tail may be created by leasehold, &c. estales” to A. in fee; devise, without words of procrea- provided that if B. shall have “

ary tion. A special heir, though he is son or sons," they " to sueh male not heir general, may take by par. issue as B, shall have when A. alelase under a will, if the devisor tains 21," but A. to have the rents expressly excludes the heir general. and profits of the estates till he al

I eker vi Wall. 1 L. Laym. 185. taius 21 ; by a subsequent clause lie 23 Under a devise to ]. when he shall

61 all the residue of his real be 21 years of age of the fee simple and personal estates whatsoever, and inheritance of S. to him and not Lefore disposed of, to l., bis


heirs, &c. for ever;" B. had one but that one of his estates should son, who died before A. attained 21, go to the other of his nephews; te and a second who was born three Inainder and residue of the leslaweeks after that period; held that tor's estate to A. in fee: held, I. the tirst son took nothing, but that who had no child till after the death the second took an estate in tail of the testator, took an estale tail male. Whitelock & al. v. Heddon, under the first devise, and that a & al. i Bos. fo Pull. 213.

recovery suffered by him after the 31 By a devise to A. for life, without birth of a son was good. Frank v.

impeachment of waste, and after Stovin. 3 East 548. his decease to the issue male of his 35 A. devised all his estates in the body, and the heirs and assigns of county of D. to a trustee for 200 such issue male for ever, and for years, to the use of the truslee durdefault of such issue male to B., ing the life of his son J. S. to pre&c.; A. takes an estate tail. Denn serve contingent remainders, neverd. Webb v. Puckey. 5 Term Rep. theless to permit J. S. to receive 299.

the rents and profits; and after his 32 But if in the above case A. had decease to the use of the first son of

taken only an estate for life, yet as the said J. S. to be begotten on the the remainder to his issue and the body of the woman he should hapsubsequent remainders were contin- pen to marry, and the heirs male of gent, 1. might have barred them by such first son, and for want of such suffering a recovery before issue issue to the use of the second, third, born. 5 Term Rep. 299.

fourth, and every other son of J.S. 33 Under a devise to A. for life with- and the heirs male of their bodies

out impeachment of waste, remain- in succession, and for want of suel der to his eldest son lawfully to be issue male, then to the use of his begotten, and the heirs of such son, daughter E. S. her heirs and asand in default of issue male of A. signs for ever; the testator afterthen to B., &c., A. takes an estate wards made a codicil whereby he for life; remainder to his eldest son devised all his estate to his son J. en tail; remainder to himself in S. and his childreu lawfully to le tail: and though A. could not bar begotten, with power for him to setthe estate tail to his eldest son, yet tle the same by will or otherwise he may suffer a recovery, and by on sach of them as he should think coming in as a vouchee under å proper, and for default of such isdouble voucher, may bar all the re- sue, then to his daughter E. & and mainders over. Doe d. Bean v. Hal- her children lawfully to be begntlei. 8 Term Rep. 5.

ten with a similar power, and in 3+ Under a devise to 1. for life, with- default of such issue to J. S. and

out impeachment of waste and with a E. S. equally between them; and power of jointuring ; remainder to he further provided that a settlethe issue male of A.'s body and ment of 2001. per annum should be their heirs; and in default of such made on any woman whom his son issue to B. for life, without im- should happen to marry, and that peachmert of waste and with power his estates skould be chargeable of jointurings; remainder to the is- therewith. At the time of making sie male of B.'s body and their the codicil J. S. was married but heirs for ever; with a proviso, that had no child: held that the codicil in case 1. or B, should become pos- was to be construed independent of sessed of any other estate, and be the will; and that under the codi. obliged to change lis name, that cil J. S. took an estate tail, with He should have the option which to a power to settle the estates op all fake, but not to take both estates, or any of his issue in such way

he should appoint, and thereby de. he died without male heir, then to termine the estate tail so far as it another nephew C. and his heirs ; should be inconsistent with such and charged the estate with an an• settlement. Seale v. Barter. 2 nuity to D., and several legacies to Bos. of Pull. 483.

other persons to be paid at a future 36 Devise to testator's first son by his timne : held that B. took an estate wife gotten or to be gotten, for life,

tail. Deen d. Slater v. Slater. 5 remainder to trustees to preserve Term Rep. 335. contingent remainders; remainder 38 Devise to A. and her heirs, and if to the several heirs male of such she died without issue then she was first sou lawfully issuing, so as the enabled to dispose of the estate by elder of such sons and the heirs will or deed, and for want of such male of his body should always be issue and direction, &c. then to the preferred and take before the devisor's right heirs; held that 1., younger and the heirs male of his bo- who had issue, took an estate tail. dy; remainder to the testator's se- Doe d. Neville v. Rivers. 7 Term cond, third, fourth, and all and ev- Rep. 276. ery other son and sons, for their 39 Devise “ to A. and B. and their several and respective lives; re- heirs for ever, provided that if both mainder to trustees, and to preserve,

have issue they both their dividends &c.; remainder to the several heirs to go to the issue of their own bomale of their several and respective dies; but if but one have issue, then Lodies law fully issuing, so as the the premises to go to that issue ; elder of such sons, and the heirs and for default of such issue in male of his body, should be always both, to the right heir at law:") preferred and take before the young- held that A. and B. took estates tail. er of the same sons, and the heirs Doe d. Gregory 8 d. Geere v. Whichmale of his and their body and eloe. 8 Term Rep. 211. bodies: remainder to the testator's 40 Under a devise 56 to A. and B. and first and other daughters for their their heirs, and in case they agreed lives; remainder to trustees, &c.; to sell the estate, that they should remainder to the several heirs of have their equal shares of the motheir several and respective bodies ney arising therefrom, but if they lawfully issuing, so as the elder of agreed to keep the estate whole tosuch daughters, and the heirs male gether, then that the rents should of her body, should always be pre- be equally paid and divided between ferred and take before the younger them, and to the several and respecof the same daughters, and the heirs tive heirs of their bodies ;" A. and male of her and their body and bo- B. took only estates tail. Rue d. dies. There were other clauses in James v. Avis. 4 Terin Rep. 605. the will, by which, after giving an 41 Under a devise to A. and the heirs estate for life to the first taker, the of her body for ever, as tenants in testator limited to trustees, &c.; common and not as joint-tenants ; remainder to the first apd other sons and in case A. die before 21 or withof such first taker, and the heirs of out leaving issue of her body, theu their bodies, so as the elder of such to B.: held that A. took an estate sons, and the heirs of their bodies tail. Doe d. Candler v. Sinilh. should always be preferred before Term Rep. 531. the younger of the same sons and 42 A devise of a messuage and land the heirs male of their bodies : to R. C. for the term only of his naheld that the first son of the testa- tural life, and after his decease to tor took an estate tail.

the issue of the said R. C. as tenPoole. 3 Bos. & Pull. 620.

ants in common; but in case the 37 A. devised to his nephew B., but if said R. C. shall die without leav

Poole v.

ing issue, then a devise of the same der to 19. the son of Williain, lite to E. H in fee; gives to R. C. an ing at the time of the devise. for estate tail in order to effectuate the life, with remainder to the first and general intent. And cross remain- every other son of the first son of ders cannot be implied between the Willian successively, in tail mail issue of R. C. Doe d. Cock v. Coop- with remainder to the second son of er. i Eust 229.

Williani,, (then in esse.) with rp. 43 Uniler a devise of all freehold and mainder to his first and every other

copyhold estates whatsoever situate son successively in tail male, with at B with their appartenances, to remainder to every other unhora A. and the heirs of her boily lawfully son of Williain successively, in fail to be begotten whether sons or ma'e ; remainder to the letator's daughters as tenants in common ; second son Samuel for life; remainand in default of sich issue, then der to the first and every other son over: held that 1. took an estate of Samuel, sucessively, in tail male, tail. Pierson v. Vickers. 0 Ecst, with remainder to the testator's 513.

three daughters, in tail general, as 14 A. after giving different annuities tenants in common; with remaja.

to an only son, increasing at differ- der to the sa ne three daughters in ent ages till 30. and to be paid to fee ; and devised to trustees to pre. him intil he married, devised thus; serve enntingent remainders. The “ in case my son shali happen to testator died the 1st March, 1790, marry before he attains the age of leaving issue two sons, William and thirty, then I give and devise to Sanuel, and three daughters. Il. him and the heirs of his body all liain, the eldest son, entered under my real and personal estates, &c. the will, and died seizerl, in April, and if iny son shall happen to die 1796, leaving two sons, Fillian ad without leaving issue of his body, Henry; and !Villian, the grandson then I give and devise the same to of the testator, entered on the my brother B.:" held that the son death of his father, under the will, took an estate tail in the real es. and died seized, in June, 1799, tates, and the personal estate ab- leaving issue a daughter, and his solutely. Daintry v. Daintry. 6 wife privement enscient, who was Terin Rep. 307.

delivered of a son, also named til. 45 A devise to trustees in trust to re- liam, in October, 1799. It was held,

ceive rents and profits during the that the posthuinous 300 took the ese life of A. and that such rents and tate in renainder, by the devise, in profits shall be applied for the sub- the same manner as if he had been sistence and maintenance of the said born in the lifetime of his father. A. during his life, is not an use ex- Sledfast er dem. Nicholl v. Michecated in A. and cannot unite with oll. 3 Johns. Cas. 13. a subsequent legal limitation to the 48 C. by his last will and testament, heirs of the body of A. Silvester v. after charging his estate with the Wilson. 2 Perm Rep. 44+.

payment of a debt, providing for 40 Under a devise of land to the tes. his wife, &c. devised his real and

tator's son Joseph, his heirs and as- personal estate to his four sons and assigns for ever ; but in case his a danghter Elizabeth, and then adison should die without issue, then, er!, further iny mind and irill is to ro to the child of which his see that if any of my sail sons, Fillies. cond wife was enscient: held, that Jicoh, Thomas, an! Joha, of my Joseph took an estate tail. Doe d. darghter Mary, shall happen tác, Ellis v. Ellis. 9 East, 39 2.

without heirs mile of their belos 47 N. in Algust, 1778, devised land that then the lands shall reture the

to his son William for life, remain- survivors to be equally divided bem

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