Sophisms of Free-Trade And Popular Political Economy Examined

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Any tenant in tail may now destroy'the estate-tail, and convert it into a common fee-simple by a disentailing deed merely. It is in vain that you settle on a man an estate-tail : he can destroy it to-morrow. All you can eifectually do is to give him an estate for his own life, or the life of some other person now living.
Estates are kept in families, not by the law of en- tail, but by the power which exists of creating life estates.
A nobleman or wealthy commoner has an estate- tail. He could b
...ar it — nothing prevents him. But what he does in practice, and what he would equally do (though in a different form), were there no such estate known to the law as an estate-tail, is this : On his marriage he limits to himself an estate for life, with remainders in tail to the children of the marriage suc- cessively. He becomes tenant for life, his son tenant in remainder. As soon as the eldest son becomes of age, he can make away with his interest, just as his father could before him ; or father and son may join, and sometimes do join, in aliening the estate together.

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