34. An executory devise, is such a disposition of lands by will, that no cc-tate shall vest thereby at the death of the devisor, but only upon same future contingency, with out any precedent particular estate to support it ; as helc one devises land to a "erne sole and her heirs upon tier day of marriage. Here is a freehold in futuro, and such a limitation would be void in a deed, but is good by way of executory devise.
35. Reversion, is the returning of the residue of an estate to the grantor, to commence in possession after the determination of the particular estate which he has grant ed out of it.
36. Merger, is where two estates, the one less the other greater, meet together in one and the same person, and in one and the same right ; they then are said to be merged.
37. Severalty, is where one tenant holds in his own sole right, without any other person being joined with him.
33. Joint-tenancy, is where an estate is granted to two or more persons ; in which case the law construes j them to he joint-tenants, unless the words of the deed expressly exclude such construction. They must have a unity or interest, of title, of time, and of possession ; they are seised per my et per tout ; so that upon the decease of one. the interest remains to the survivor or survivors. By whatever means the jointure ceases or is severed, by either of its four constituent unities being destroyed, the right of survivorship, or jus accrescendi, the same instant ceases with it.
39. An estate in is where an estate of in heritance descends the ancestor to two or more per sons, who are then called parceners, and they all together make one heir. The properties of parceners are in most respects like those of joint tenants ; they may be com pelled to divide their estate by any of the parceners sue ing out a writ of partition, or obtaining a decree in a court of equity An estate in common, is where two or more persons hold lands by distinct titles, but have a unity in the posses sion ; as one may hold in fee simple, the other in tai;. Persons thus holding lands are styled tenants in common.
1. There are several stages or degrees requisite to form a complete title to lands and tenements ; the lowest is the mere naked possession without a shadow of right. This may happen where one forcibly, or by surprise, turns another out of the occupation : which in law is termed an actual disseisin. In all such cases the rightful owner may
repossess by a variety of remedies ; but if neglected by him who has the legal right, this actual possession may ripen into a perfect and indefeasible title ; and, at all events, without such actual possession, no title can be completely good. A man having an actual right of pos session may exert it whenever he pleases, by turning the disseisor out.
2. Descent is the descending of an estate from an an cestor dying actually seised of the estate, to the heir-at law, which shall descend ad infinitum, but never lineally ascend. The rules of which are, 1. The males are ad mitted before the females. 2. Where there are two or more males, the eldest shall inherit, but the females all together. 3. The lineal descendants, in infinitum, of any person desceased, shall represent their ancestor, or stand in the same place as the person himself would have done had lie been living. 4. On failure of lineal descend ants, or issue of the person last seised, the inheritance shall descend to his next collateral kindred, being of the blood of the first purchaser, subject to the three last and the next succeeding rules. 5. And this collateral heir of the person last seised must be the next kinsman of the whole blood. 6. In collateral inheritances, the male stock shall be perferred, or kinsmen descending from the blood of the male ancestor shall be admitted before those from the blood of the female, unless where the lands did in fact descend front a female.
3. If a man becomes possessed of lands in any other form than they would have descended to him by act of law, he is said to take them by purchase ; so where lands are devised to an heir at law saddled with the smallest limitation, he is said to take them by purchase ; the con sequence is, they are descendible to the owner's blood 41 general, and not to the blood of any pat Ocular ancestor.
4 Lands held by escheat, are such as revert to the lord upon the blood of the person last seised becoming extinct ; upon a bastard dying intestate and without is sue ; and upon a man leaving no other heirs but aliens. Escheat is a subordinate species of forfeiture.