Ag2ONH32 at English => English (Websters 1913) Of Explained:
on with a tenant in tail. 1. He is dispunishable for
waste. 2. He is not compellable to attorn. 3. He shall not have aid of the
person in reversion. 4. Upon his alienation no writ of entry in consimili
casu lies. 5. After his death, no writ of intrusion lies. 6. He may join the
mise in a writ of right in a special manner. 7. In a praecipe brought by him
he shall not name himself tenant for life. 8. In a praecipe brought against
him, he shall not be named barely tenant for life.
30. There are, however, four qualities annexed to this estate, which
prove it to be, in fact, only an estate for life. 1. If this tenant makes a
feoffment in fee, it is a forfeiture. 2. If an estate tail or in fee
descends upon him, the estate tail after possibility of issue extinct is
merged. 3. If he is impleaded and makes default, the person in reversion
shall be received, as upon default of any other tenant for life. 4. An
exchange between this tenant and a bare tenant for life, is good; for, with
respect to duration, their. estates are equal. Cruise, Dig. tit. 4; Tho. Co.
Litt. B. 2, c. 17; Co. Lit. 28, a.
31. Nothing but absolute impossibility of having issue, can give rise to
this estate. Thus if a person gives lands to a man and his, wife, and to the
heirs of their two bodies, and they live to a hundred years, without having
issue, yet they are tenants in tail; for the law' sees no impossibility of
their having issue, until the death of one of them. Co. Litt. 28, a. See
Tenant in tail after possibility of issue extinct.
32.-2. An estate less than freehold is an estate which is not in fee,
nor for life; for although a man has a lease for a thousand years, which is
much longer than any life, yet it is not a freehold, but a mere estate for
years, which is a chattel interest. Estates less than freehold are estates
for years, estates at will, and estates at sufferance.
33.-1. An estate for years, is one which is created by a lease; for
years, which is a contract for the possession and profits of land for a
determinate period, with the recompense of rent; and it is deemed an estate
for years, though the number of years should exceed the ordinary limits of
human life; and it is deemed an estate for years though it be limited to
less than a single year. It is denominated a term, because its duration is
34. An estate for life is higher than an estate for years, though the
latter should be for a thousand years. Co. Litt. 46, a; 2 Kent, Com. 278; 1
Brown's Civ. Law,