Use of A. B. for Life, Remainder to the right Heirs of the Feoffor; it was here resolved, that the Feesimple was in the Feoffor in the Nature of a Reversion, not of a Remainder to his Heirs, as it proceeded from himself, and was his own Act. And where a Lesfor by Deed, reciting that A. B. held a Close of him at Will, granted the said Close to him for Life, rendring Rent to the Leffor, and by the same Deed granted the Reversion to another in Fee; in this Case 'twas adjudged, that A. B. had an Estate for Life by Way of Confirmation, and that the other had a good Estate in Remainder, but not in Reversion: Though an Estate at Will is not such a particular Estate in it self, whereon a Remainder may depend. 1 And. 256. 23. Wood's Inst. 150. In Case of a Feoffment to the Use of Husband and Wife during their Lives, with Remainder to the first Son in Tail, and Remainder to the Hufband and Wife, and to the Heirs of their two Bodies, they having then no Son: Here the Hufband and Wife are Tenants in Tail; but when a Son is born, then the Estate is opened again, and they are Tenants for Life, Remainder to the Son in Tail, Remainder to them in Tail; and the Reason is, because all these Estates were created by one and the same Conveyance; wherefore the Remainder shall vest in the Husband and Wife till the Contingency happens, when the Estates shall be open and disjoin'd, to let in the contingent Remainder to the Son, which before were united in the Husband and Wife: But where the Remainder in effe comes to the particular Estate by any Means whatsoever, after the original Conveyance, it is otherwise. I Inst. 28. 2 Saund. 385. A Remainder may not be limited after a Feefimple Estate: Tenant in Tail cannot limit a Remainder mainder over by Deed; for an Estate for his own Life is as long as he can grant: A Proviso in a Deed, will not make a Remainder; but it may determine it: A. leased to B. for Life, Remainder to C. Provided that if A. had a Son who should live to such an Age, then the Estate to remain to his Son in Tail; he had such a Son, and it was adjudg'd that he should not have the Estate. A Remainder limited after an Estate which is void, is also void; and when a Limitation is impossible and void, all the Remainders after are void. Plowd. 29. 2 Rep. 52. Cro. Eliz. 360. I Saund. 150. 2 Lev. 157. One can in no Case devest a Remainder or Reversion, without defeating the particular Estate; and the Devesting or Revesting of the particular Estate, devests or revests the Remainder, &c. An Entry is requifite to avoid a Remainder for Life; and a Claim of a Remainder by Force of a Condition, must be upon the Land: A Bargain and Sale made off from the Land, is not sufficient to make a Claim, and then to pass a Remainder. And where any Remainder depends upon a Lease for Life or Years, Livery is to be made on the Lease, or the Remainder will not pass. I Inft. 422. 2 Rep. 53, 54. 1 Inst. 143. The most proper Word to create an Estate in Remainder, is the Word Remainder it self; tho' it may be made and created by other Words. And the Tenant for Life and Remainder-man in Fee, having but one Estate; therefore the Execution of the one, is that of the other: And hence it is, that which is done by, or to one of them, in many Cases shall bind and advantage the other; as in Cafe of a Release, &c. All Lands, Houses, Rents, Commons, Estovers, or any other Interest or Profit in effe, wherein the Grantor hath the absolute Property 2 Property to him and his Heirs for ever, may be granted in Succession to one for Life, with Remainders over, &c. Plowd. 134, 159. I Cro. 504. 9 Rep. 48. But where a Man seised of Lands in Fee, granted thereout a Rent-charge to a Person for Life or Years, Remainder over to another, in Fee, or in Tail, &c. it was formerly doubted if this Remainder were good; because the Rent had no Existence at all before the Grant, and the Grantor cannot be said to have any Part of the Rent left in him, as he would have of Land; for he first gave Being to the Rent, and bounded it's Time, which being run out, nothing thereof remains to grant over to another, and a Remainder is to be granted out of that which would otherwise be a Reversion in the Grantor; which here this Rent cannot be as it is newly created. Though such Remainders of a Rent have been held good; for as the Grantor might at first have granted it in Fee, or for ever, having such perpetual Interest in the Fund or Lands, out of which it was to arise; so he may share and divide his Grant, and give Part thereof to one, and Part to another, in Succession: Yet if he grant such Rent for Life, or Years, to one, without going further; he cannot after grant the Reversion thereof to another, because he has no Reversion in him. 2 Roll. Abr. 415. 2 Cro. 70, 76. 1 Lev. 144. I Sid. 285. A Writ of Attaint lies for him in Reversion or Remainder upon a false Verdict, or erroneous Judgment given against the particular Tenant. Action lieth for him in Remainder, against a Copyholder for Life, committing Waste, &c. A Person in Remainder may have a Writ of Intrusion, if any do intrude after the Death of Tenant for Life: And the Writ Ex gravi Querela may be had had to execute a Devise in Remainder, after the Death of Tenant in Tail, without Issue. But notwithstanding, a Remainder or Reversion, expectant upon an Estate-tail, is no Affets to the Heir in Debt upon his Father's Bond; nor is it of any Account in Law, because it may be cut off by Fine and Recovery: 'Tis otherwise of a Reversion on an Estate for Life or Years. 3 Lev. 130. Nat. Br. 441, 453. 1 Inst. 173. 6 Rep. 42. A Recovery had against Tenant in Tail of the King's Gift, the Reversion or Remainder being in the King, shall not be a Bar; nor shall such Remainder or Reversion be barred thereby: But by the Statute 34 H. 8. The Estate-tail is dot preferved, where a Reversion or Remainder is in the King, except it was created by the Crown, and not where it was made by a common Person. Dyer 32. 2 Rep. 15. If any Persons, for whose Lives Estates have been granted, remain beyond Sea, or absent themselves in this Realm, seven Years together, and no Proof is made of their being alive, in any Action commenced by the Leffors or Reversioners, for Recovery of such Estates, they shall be accounted as dead: But if the Person be afterwards proved living, at the Time of Eviction of any Person, &c. then the Tenant, &c. may re-enter, and recover the Profits, &c. Stat. 19 Car. 2. cap. 6. And Persons in Remainder, Reversion or Expectancy of any Estate, after the Death of any other Person, upon making Affidavit in Chancery, of their Title thereto, and that they have Cause to believe such other Person is dead, and his Death concealed by a Guardian, Trustee, or others, may move the Lord Chancellor once a Year, if they think fit, to order such Guardian, &c. to produce the Person; and if not produced in Chancery or before 2 before Commissioners, the Person so concealed shall be taken to be dead, and those claiming may enter on the Estate. 6 Ann. cap. 18. See more of Contingent Remainders, and Cross Remainders, under Estates-tail. As to the Estate in Reversion of Lands and Tenements, A Reversion hath a double Acceptation in Law; the one is where an Estate is left, which continues during some particular Estate in Being; and the other is the Reverting or Returning of the Land, after the particular Estate ended: It is said to be an Interest in the Land, when the Pofsession shall fall, and so it is commonly taken; or it is where the Poffeffion and Estate which was parted with for a Time, ceaseth and is determined in the Persons of the Alienees or Grantees, Oc. and returns to the Grantor or Donor, or their Heirs from whence such Estate was derived. Plowd. 160. 1 Inft. 142. But the usual Definition of a Reversion is, that it is the Residue of an Estate left in the Grantor after a particular Estate granted away, continuing in him that granted the particular Estate; and where the particular Estate is derived out of his Estate: As in a Gift in Tail, the Reversion of the Fee-simple is in the Donor; and in a Lease for Life, or Years, the Reversion is in the Leffor: Also a Reversion takes Place after a Remainder, where a Person disposes of a less Estate, than that whereof he was seised at the Time of Disposition thereof; and fuch Reversion is said to be expectant on the particular Estate. 1 Inst. 22. Wood's Inst. 151. The |