If lands be granted to two & heredibus without 20 H. 8. 35. this word "suis," by this [gift] they have an estate for their lives and no longer, [for want of words of appropriation, and consequently for want of certainty in whom the fee shall vest. In a will the word suis would be implied.] 1. 140. If one grant lands to I. S. to have and to hold Co. 5. 112. to him and his heirs for his [the grantor's] own life, or for the life of I. D.; by this [grant] I. S. hath an estate for life and no more. [But if a grant be made to a man and his heirs, habendum to him for his own life, the habendum would, it is said, be repugnant to the grant, and the grantee would have the inheritance. Sed query, and see 1 Pow.Wood, 199. But if the habendum had been for the life of another person, it would have been consistent with the grant, and retained in construction; so as to confine the duration of interest to the period of the life.] If one [by deed, for a like gift in a will passes the Co. 4. 29. fee simple. 2 Prest. Est. p. 74,] grant lands to A. super Lit. 1. 8. and B. habendum sibi & suis, omitting all other words; or [in a deed or will] to have and to hold to them and their assigns; by this they have an estate for life only. So if lands be granted to any natural person, to have and to hold to him and his successors; by this [gift] he hath only an estate for his life. [In a will this limitation passes the inheritance.] If one grant his lands to I. S. to pay his debts, Co. 8. 96. to have and to hold to him generally, without limiting any estate; in this case I. S. hath an estate for life only. [In a will these words pass the inheritance. 2 Prest. on Estates, p. 74.] If lands be granted to A. and B. to have and to Dyer, 186. hold to them for their lives, to the use of C. for his life; by this [grant] C. hath an estate for his life if A. and B. live so long, [because an estate arising from an use cannot be larger than the estate conveyed to serve the use; and C. cannot have a larger estate than is limited to himself, and that estate is for his life. But if a grant be made to a man and his heirs, habendum to him and his heirs, to the use of him and his heirs for lives, this habendum and declaration of use, are one entire limitation at the common law, and the grantee hath merely an estate for the lives. The effect would have been different if a remainder had been limited to the use of another person, for then the grantee would Lit. sect. 613. Super Lit. 345. Co. super Lit. 24. P. 24. b.] have taken the fee to supply a seisin to the uses; If a tenant in tail grant totum statum suum; by If a man have a son and a daughter, and die, and lands be granted to the daughter and the heirs [Harg. Co. Lit. females of the body of the father; it seems by this [gift] she hath only an estate for life; [for the son is the general heir of the father, and therefore the daughter does not answer the description of heir. But if the son should die without issue in the lifetime of his sister, or of any of her descendants, being females and heirs, so that a daughter, &c. become the general heir of the father, she may take an estate tail as purchaser. So also, if the son should die, leaving a daughter or daughters, &c. such daughter or daughters, &c. may take an estate in tail female, as purchasers. Counden v. Clerk, Hob. 29. And after an estate in tail female has once vested, the succession would be from female to female, as heirs in tail, notwithstanding a male may be the general heir. In a course of descent to such estate in tail female, no female, being a descendant from a male, could take, as heir in tail. Preston on Estates, ch. Tail.] Co. super Lit. 42. 234, 235. If one grant land to another, to have and to hold to her while she shall live sole; or during her widowhood; or so long as she shall behave her- *P. 107. self well; or so long as she shall dwell in such a house; or so long as she pay 107. yearly; or so long as the coverture between her and her husband shall continue; or if one grant lands to a man, to have and to hold unto him until he shall be promoted to a benefice, or the like: in all these [and the like] cases, if livery of seisin be made according to the deed; or if the grant be of such a thing whereof no livery is requisite, the grantee Co. super Lit. 183. 42. Co. super Lit. Estates, p. 400; 1 Abstr. p. 127; 2 Prest. Convey. p. 349] as if a man retain a servant, and say not how long; this shall be taken for a year (21). Constructio legis non facit injuriam, [is the general rule applicable to these cases. Another rule, also applicable, adopts the construction most beneficial to the grantee.] If one grant to I. S. that if he be not paid 147. Co. 8. 85. yearly for his life 40s. he shall distrain in the land of the grantor for it; by this [grant] I. S. hath [a rent and] an estate for life in the rent. And if a man by his deed grant a rent of 107. issuing out of all his land, quarterly, at the usual feasts, this [in the absence of a limitation of time] is an estate for life of the grantee. [If the grantor had a term of years or for life, the rent would, by construction of law, be for a corresponding or equal term. Butt's case, 7 Rep. 23; 2 Prest. Abstr. p. 23.] Co. 5. 9. 11. 3. If one grant lands to I. S. and I. D. to have and to hold to them during their lives, omitting these words [and the longest liver of them] by this notwithstanding they [the lessees] shall [except in the instances already noticed] hold it during the life of the longest liver of them; [and if one of them make a lease for years, that lease may continue, notwithstanding his death. But if he sever the joint-tenancy, he becomes merely tenant for his own life. Prest. on Estates, ch. Life; 2 Prest. Abstr. p. 63; 3 Prest. Convey, p. 407, 445. They are joint-tenants, and take an estate for their lives, and the life of the survivor, to give effect to the consequences of law, in regard to joint-tenancy; but from the moment the joint-tenancy ceases by alienation, the right of taking any benefit from the joint-tenancy will no longer exist; and then, by construction of law, the estate of each grantee is to continue merely for the life of that grantee.] And if lands be granted to A. to have and to hold to him during the lives of B. C. and D. without any more words; by this [grant] A. hath an estate during all their lives, and during the life of the longest liver +38 Eliz. B. R. of them. And if lands be granted to A. to have Rose & Adwick, and to hold to him during his life, and during the lives of B. and C.; by this [grant] he hath a lease for his own life, and the lives of B. and C., and the longest liver of them. But if a lease be made to in the case of (21) For that retainer is according to law. See 13th edition, Co. Lit. 42, *P. 108. Occupant. * a Adjudged Hobart & Wisemore's case. B. R. 8 Eliz. I. S. of land, to have and to hold to him during Plow. 556. Co. 10. 98. 321.264. (22) See further as to what words make an estate for life, in Vin. Abr. Estate, (N. a.) Bac. Abr. Estate for Life, (A.) |