Estates tail are either general or special. Tail general, is where lands and tenements are given to one, and the heirs of his body begotten ; so that the whole of the le gal issue of such a one are capable of taking in successive order.
Tenant in tail-special, is where the gift is restrained to certain heirs of the donee's body, as to the heirs of his body on Mary his wife, or by any other person particularly named : here no other but such special issue so pointed out can inherit.
The word heirs is necessary to create a fee, and the word body, or some other word of procreation, to make a fee-tail ; for without the word heirs, there can be no in heritance; and without some body or root be pointed out, from whence the issue is to spring, on whom the inherit ance is to be limited, there can be no fee-tail. But in a bequest, words importing a perpetuity will be construed into those of inheritance.
23. Freeholds not of inheritance are, 1. Conventional, or created by the acts of the parties. 2. Legal, or cre ated by operation of law.
24. Conventional is where an estate is created by grant or lease for the term of a man's life, or any number of lives. These estates may determine upon a man's civil death, if. not granted for his natural life ; as in the case of a man being attainted of treason or felony, and repriev ed upon transportation for life; or if limited upon a con tingency, as to a widow during widowhood, here upon the contingency happening they determine.
25. Legal, as tenancy by the curtesy of England, which is, when a man having married a woman seised of an es tate of inheritance, and having issue by her capable of taking at her death, he shall hold the lands for his life. These lands must have been in her actual possession ; (but possession is not required in the case of advowsons, Ste.) The issue must be born alive ; but if the mother dies prior to the birth, the husband cannot become tenant ; for here the estate descended to the child. In gavel-kind lands, the husband may thus become entitled to half the lands without issue.
26 Or tenancy in dower, which is where a woman hav ing married a man who is possesssd or becomes seised of an estate of inheritance, at any time during the coverture, of which her issue might by any possibility have been heir, upon the husband dying, the woman is entitled to dower, or one-third part of such lands, to hold for her natural life.
27. Estates less than freehold, are estates for years, at will, at sufferance, and on condition.
28, An estate for years, is where a tenant is let into the possession ofpremises for any determined period. If only for half a yearor a quarter, the law recognizes him as a tenant for years. A person demising an hereditament is called the lessor, and he to whom the lease is made the lessee.
A lease for so many years as another shall live, is void.
29. Tenants at will, or from year to year, hold by the wills of both parties. The lessee is here entitled to emble ments or profits of the crop upon his estate determining, and is allowed reasonable ingress and egress to carry away his goods.
30. An estate at sufferance, is where a man lawfully enters upon an estate for a certain term, and after its ex piration keeps illegal possession of it. Such a one shall pay double rent, which may be distrained for ; or double the yearly value of the premises, which can only be re covered by action of debt.
31. Estates upon condition, are either upon condition int plied or expressed. Estates upon condition implied, are where certain performances are connected thereto, that must necessarily be performed ; as in the case of an office, private or public, which may become forfeited either by nonuser (neglect) or misuser (abuse) ; so in the case of estates upon condition expressed, if those conditions are legal and possible.
. 32. Estates upon condition expressed, are where an express qualification or provision is annexed to the grant of an estate, on the breach or non-performance of which the estate so granted may be defeated ; as, first, Vzvunz vadium,%viiich is where a man borrows a sum of money of anotner. and grants him an estate until the profits of that estate repay him. Second, Mortuzim vadium, mort gage, which is where a man grants an estate n fee, or for a term of years, as a security for a sum of money lent, &c. When such an estate is created, the mortgagee may enter, but is liable to be dispossessed upon the per fo,nrance of the conditions, which the mortgager may do at any reasonable time after the time specified, provided he pays all expenses ; this is called the equity of redemp tion. Also a mortgagee may call upon the mortgager to redeem his estate, or in detault to be for ever foreclosed from redeeming it. Third, Estates held by statute Mer chwit or statute staple, which are very similar to those held in vivuni vadzum. And, fourth, Estates held by elegit; so called Irons the vvf it of elegit iounded upon statute West. 2, by which the sheriff, after the plaintiff has ob tained judgment for his debt at law, is empowered to give him some part, or the whole of the defendant's lands and tenements, until his debt and damages are fully pa id 33 Remainder, is an estate limited to take effect and be enjoyed alter another particular estate in possession is determined ; as where lands are granted for life or years to A. with remainder to B. in tail. ? contingent remain der, is where an estate is limited to take a ffect, either to an uncertain person, or upon an uncertain event.