Select Cases And Other Authorities On the Law of Property volume 1
Select Cases And Other Authorities On the Law of Property volume 1
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And it is to wit that this statute shall hold place touching alien- ation of land contrary to the form of gift hereafter to be made, and shall not extend to gifts made before. And if a fine be levied here- after upon such lands it shall be void in the law, neither shall the heirs or such as the reversion belongeth unto, though they be of full age, within England, and out of prison, need to make their claim. Lit. §§ 13-19, 21-24. Tenant in fee tail is by force of the statute of W[estm]. II. C. 1..., for before the said statute all inheritances were fee simple ; for all the gifts which be specified in that statute were fee simple conditional at the common law, as appeareth by the I'ehearsal of the same statute. And now by this statute tenant in tail is in two man- ners, — that is to saj', tenant in tail general, and tenant in tail special. Tenant in tail general is, where lands or tenements are given to a man and to his heirs of his body begotten. In this case it is said gen- eral tail, because whatsoever woman that such tenant taketh to wife (if he hath many wives, and by every of them hath issue), yet every one of these issues by possibility ma}' inherit the tenements by force of the gift ; because that every such issue is of his body engendered.
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