tween them: it was held, that these words did not create an estate tail, but a remainder over in fee to the survivors, on failure of the male heirs of the person first dying. Fosdick and others v. Cornell. 1 Johns. Rep. 410.

49 I devise the residue of my estate to J. P. during the term of his natural life, and if he leaves lawful issue, then I give my real estate unto such issue: But in case of his dying without issue, or they dying under 21, then I devise all my real estate unto A. J. his heirs and assigns, on condition that he, or they, pay, &c." Adjudged, that J. P. took an estate tail; which was forfoited by his attainder. 1 Dallas,

47.

50 A. devises sundry parcels of lands to his nephews B. and C. severally and in distinct parts, to have and to hold the parts devised to B. to him, his heirs and assigns forever, on the conditions and limitations after in his will mentioned: and to have and to hold the parts devised to C. to him, his heirs and assigns forever, on the conditions and contingencies after mentioned in his will: the testator then adds," and it is my will and pleasure, and I have made the foregoing devises and bequests, with the provision and limitation, that if it should so happen that the said B. should decease, leaving no heirs of his body lawfully begotten, and the sail C. or any heirs by him the said C. lawfully begotten, then alive, that in such case all the devises and bequests of real estate herein before made to the said B. shall be and remain to him the said C. or such his said heirs. And in case the said C. should decease, leaving no heirs of his body, begotten, living the said B. or any heirs of his body lawfully begotten. in such case all the lands herein before devised to the said C. shall be and remain to the said B. or such his said heirs. But in case both the said B. and C. should deGease leaving no heirs of either of

their bodies begotten, then all the lands herein before given to the said B. and C. or either of them, shall be and remain to the children of my brethren and sister, who shall then survive." This was holden to be a devise to the two nephews in tail, with cross remainders in tail, and a contingent remainder to the children of the testator's brethren and sister living when these estates tail should be spent. Harley & al. v. Northampton. 8 Mass. 3.

51 A devise to husband and wife creates a jointenancy, notwithstanding the statute of 1785, c. 62. Fox v. Fletcher. 8 Mass. 27+.

1

2

VI. Estate for Life.

Devise to A. for life, and if he has issue male, then to such issue male and his heirs; and if he die without issue male, to B. and his heirs. A. has but an estate for life, and both remainders are contingent. Luddington v. Kine. ↑ L. Raym.

203. 1 Salk. 224. Devise of lands and hereditaments to A. and B. in trust to others in tail and in fee is a devise in fee to the trustees, though there be not the words heirs, or for ever. Devise to A. for life, then to trustees in trust for his sisters equally, during their natural lives, without committing waste, with proviso that they shall be reimbursed whatever part of the 500l. they shall pay, by getting coals off the premises; and if either of his sisters should happen to die, leaving issue or issues of her or their bodies, lawfully begotten, then in trust for such issue or issues of the mother's share, or else in trust for the survivor or survivors of them, ond their respective issue or issues! And if it should happen that both sisters should die without issue as aforesaid, and their issue or issues to die without issue or issues lawfully to be begotten," thea a devise over in tail male. The sisters take an estate for life only,

with contingent remainders to their children. Shaw v. Weigh. 2 Str. 798.

2 Testator devises property to his daughter Jane, her heirs and assigns for ever. "But in case my said daughter dies before she attains the age of 21 years, and have no issue, then my will is, that my nephew, John Hardisty, shall have my said copyhold lands and tenemeuts." These words held to create only an estate for life in John Hardisty. Roe of the Dem. of Kirby v. Holmes. 2 Wils. 80.

a

4 One devises, "As to all such worldly estate as God has endued me with, I give as follows:-I devise that all my freehold messuage, lying in G. to M. R. G. R. and T. R. equally." And afterwards, mongst other legacies, he gives 10s. to his heir at law. The devisees, notwithstanding the introductory words, and the disinheriting legacy to the heir, take only an estate for life, and are tenants in common. Den v. Gaskin. 1 Cowp. 657. 2 Doug. 760.

6

der to their daughters in tail; reversion to his own right heirs: and then devises to another sister only a small annuity. The four sisters and the niece take several estates for life, with several remainders to their sons and daughters respectively; and there are no eross remainders. The presumption of law is in favour of raising cross remainders between two only, and against raising cross remainders between more than two; but the presumption in either case may be rebutted by manifest circumstances of intention apparent on the face of the will. Perry v. White. 1 Coup. 777.

"All my lands in (or at) A.” are words descriptive of locality, and pass only a life estate. 2 Douglas,

To make such introductory words operate as an enlargement of a devise 7 of land, without words of limitation added, they must be conneeted with such devise. Ib.

The court will make great use of the
introduction of a will in favour of
the clear intention of the testator,
and in favour of creditors, to make
a real estate liable to debts. Ib.
I give to one," in fee simple," or " all
my estate," tantamount to words of
limitation. Ib.

5 One devises his lands to his broth-
er for life, remainder to trustees to
preserve contingent remainders;
remainder to the first and other
sons of his brother in tail male suc-
cessively; remainder to his broth-
er's daughters in tail; remainder
to his four sisters and a niece for
their lives, share and share alike,
as tenants in common, and not as
joint tenants; remainder to their
soas successively ia tail; remain-

8

9

Devise to T. W. for life, remainder to trustees during the life of T. W.; remainder to the heirs of the body of T. W.; is an estate for life, and not an estate tail, there being words of restriction, that T. W. shall not sell for longer than his own life, and the estate being devised to that intent. Perrin v. Blake. 1 Black. 672. 4 Burr. 2579.

Devise to receive rents and profits during the lives of the testator's four daughters and the survivor, and to pay the same to such survivor and to the children of such as die, remainder the children (after sale) in equal portions. The four daughters, during their lives, are entitled to the annual rents and profits. Saunders v. Lowe. 2 Black.

1014.

Devise to A. for life, and then to be at her disposal to any of her children, gives an estate for life.

with a power to dispose of the fee, difference between a power appendant to the estate and collateral. Thomlinson v. Dighton. 1 Salk.

239:

10 Devise to A. and B. of all his real and personal estate, to be equally divided between them, or the longest survivor, paying his lawful debts, and, after their decease, to the male heir, gives A. and B. only a conditional estate for life. Doe on demise of Cole v. Weston. 2 Black.

1215.

2

11 Devise to B. and his heirs lawfully begotten, viz. the first, second, and every other son of the body of B. and the heirs of the body of such first son, &e. B. takes only an estate for life. Law v. Davis. Str. 849. 2 L. Raym. 1561. 12 A. by will gave an annuity to B. for her life, to be paid to her out of certain lands by his executor; and then devised those lands to C. and appointed C. his executor. Held,

that C. took an estate at least during the life of the annuitant. Jenkins v. Jenkins. Willes, 650. Qu. If he did not take an estate in fee? Semb. Ib.

43 Under a devise to A. for life,

and after, his decease to the male children of A. successively, and to their heirs, and, in default of such male children, to the female children of A. and their heirs; and in case A. die without issue, then to B. (the elder brother of A.) in fee. A. takes only an estate for life. Ginger d. White v. White Willes,

348.

14 Absolute devise, no averment can

be admitted of trust for superstitious uses by statutes of frauds. The King v. Lady Portington. 1 Salk. 162.

15 Devise of lands to charitable uses not in writing, or without three witnesses, is void. Genner v. Harper. In Chanc. 1 Salk. 162. 16 By devise to A. for life, remainder

to trustees to support contingent remainders during A's life, and,

17

By this devise, viz. "I give and demise to A. her heirs and assigns forever, all my lands at B. and I give and bequeath to A. aforesaid all my lands at C." A. only takes an estate for life in the lands at C. and the reversion shall descend, although the will begin with these introductory words: "For those wordly goods and estates wherewith it has pleased God to bless me,' and contain a legacy of 1s. to the heir at law. Right v. Sidebotham. 2 Doug. 759 to 764.

18 So, though a will begins with like introductory words, and then the testator gives all his freehold tenements lying in G to A. B. and C. "to them, my sister's sons; and then, amongst several pecuniary legacies, leaves 10s. to his heir at law; A., B. and C. take only for life, and the reversion descends. Denn v. Gaskin. 2 Doug. 760, 761. 1 Cowp. 657.

19 So, where there are similar introductory words, and the testator gives his house to a younger son S. and after the death of S. to A. and B. sons of S. and a legacy of 1s. to the husband of his heir at law, A. and B. only take for life, and the reversion descends. Right v. Russell. 2 Doug. 761.

So, if, after a similar introduction, the testator gives all his real estate to his wife for life, and to his son P. after his wife's death, all his land at W. and, among several legacies, 5s. each to all his grandchildren, among whom were his heir at law, P. shall only take the land at W. for life, and the reversion shall deseend. Ib.

20 Yet such introductory words are material in the construction of a

will. Maundy v. Maundy. 2 Doug. 760, 1.

21 J. devised his estate real and personal, in trust to trustees for his brother B. and his first and every other son in tail male; failure of such issue to his brother C. and his first and every other son in tail male, &c. &c. in all the foregoing cases without impeachment of waste, other than wilful;" and directed the renewals of a leasehold estate to be made by the the tenant for life; held that B. took only a life estate, with remainder in tail to his children, and that the devisor intended to use the words "first and every other son" as words of pur chase. Doe d. Phipps v. L. Mulgrave. 5 Term Rep. 320. 22 Under a devise to A. for her natural life, without impeachment of waste, remainder to trustees to preserve contingent remainders, remainder to the heirs male of the body of A. to be begotten, severally, successively, and in remainder one after another, according to seniority, &c. the elder of such sons and the heirs male of his body being always preferred before the younger of such son and sons, and the heirs male of their bodies; and in default of such issue, to the daughter and daughters of the body of A. as tenants in common in tail, remainder over held A. only took an estate for life, and that the words heirs male of her body were explained by the subsequent words to mean first and other sous. Goodtitle d. Sweet v. Herring. 1 East, 264. 23 The words heirs male of the body may be construed to be words of purchase, if they are clearly so intended to be. Ib.

24 Under a devise to A. for life, and after him to his eldest or any other son after him for life, and after them to as many of his descendants issue male as shall be heirs of his or their bodies down to the tenth generation, during their natural lives" held that A. took no mere

than a life estate; for here is no general intent to create an estate tail, as contra-distinguished from the particular intent to give an estate for life to the first taker; bat a single intent to create a succession of life estates to persons not in esse, which the law will not allow. Seaward v. Willeck. 5 East, 193. 25 A. devised two houses to his wife for life, and willed that on payment of a sum of money to the wife by B. (one of his sons) B. should share equally alike with the rest of his brothers and sisters C., D., and E.; and if any of his children should die, then the share of him or her should go amongst the survivors: held that the children B., C., D. and E. took only estates for life under the will. Goodtitle d. Richardson v. Edmunds. 7 Term Rep. 635. 26 Under a devise to "A. for life remainder to his first and other sons in tail male, remainder to the use of all and every the daughters, &c. as tenants in common, and in default of such issue, to the use of the right heirs of the devisor," an only daughter took only an estate for life on the death of A. without a son. Hay v. The Earl of Corn try. 3 Term Rep. 83.

27 By a devise to S Nash, son of T. and M. Nash, for life, remainder to trustees, &c. remainder to the first and other sons of S. Nash, and the heirs male of his and their bodies respectively, and for default of such issue, to the use of all and every the daughter and daughters of the said T. Nash, on the body of the said M. his wife begotten and to be begotten, and for default of such issue, to the use of the rigl heirs of the said T. Nash forever: a daughter of T. Nash only took an estate for life. Denn d. Bridie v. Page. 3 Term Rep. 87. 28 A. devised to B. preacher of the meetinghouse of C. for life, on condition that he should convey the premises to trustees, to take plaet after B.'s death, for the use and