Q.-Give the meaning of any three which you may select of the following terms and phrases, with some explanation of them: (a) A use upon a use; (b) A fee simple conditional; (c) Freebench; (d) A watercourse; (e) Protector of the settlement.

A.-(c) "Freebench" is that interest which a widow is entitled to in her husband's copyhold or gavelkind lands after his decease: (Will. R. P 386, 13th edit.)

(d) "A watercourse is an easement which gives the owner of it a right to the natural flow of the water; a right to the natural purity of the water; and a right to take the water for natural use: (Brown's Law Dict. p. 127.)

(e) "The protector of the settlement" is the person whose consent a tenant in tail must obtain before he can bar an estate tail and the remainders over, and without whose consent he can only create a base fee: : (Will. R. P. 53, 13th edit.)

TENURES AND NATURE OF ESTATES.

Question. What is the theory as to the chief or ultimate ownership which lies at the root of the whole English system of land tenure?

Answer. The grand and fundamental maxim of all feodal tenure is this -that all lands were originally granted out by the Sovereign, and were therefore holden either mediately or immediately of the Crown: (see 2 Black. Com., 9th edit., p. 53.)

Q." Seised in his demesne as of fee." Analyse the foregoing phrase, and explain, very shortly, the meaning of its terms.

A. This technical expression describes a tenant in fee simple in possession of a corporeal hereditament. The expression means that the land to which it refers is a dominicum or property, since it belongs to him and his heirs for ever. Yet this dominicum property or demesne is strictly not absolute or allodial, but qualified or feudal, or is his demesne, as of fee, —that is, it is not purely and simply his own, since it is held of a superior lord in whom the ultimate property resides: (2 Bl. 105.)

Q.-Enumerate the different tenures which have existed and which still exist in real property. What is the principal statute affecting them? A. The ancient tenures were-Knight service. Grand serjeanty. Cornage. Free socage, which also comprised Petit serjeanty, tenure in burgage, and gavelkind. Villein socage or copyhold. Antient demesne and frankalmoign.

The three first were converted into free socage by the statute 12 Car. 2, c. 24; the others remain, and the derivative tenure of leasehold may be had in all of them.

Q.-State the ordinary tenure of land.

A.-The ordinary lay (a) tenures are (and have been since the statute 12 Car. 2, c. 24) freehold and copyhold (in which latter are included land

(a) The word "lay" is here used, for there is still the ecclesiastical tenure of frankalmoign to be occasionally met with.

held in ancient demesne and customary freeholds), with the derivative tenure of leaseholds: (see St. C. tit. "Tenures." (a)

Q. What is borough English tenure?

A. It is socage tenure; but, according to custom, the estate descends to the youngest son in exclusion of all the other children. The custom does not in general extend to collateral relations: (see 1 St. C. 61, 8th edit.; Will. R. P. 131, 13th edit.)

Q.—What is the legal presumption as to the tenure of lands of inheritance in the county of Kent?

A.-They (whether in fee or in tail) are presumed to be of the tenure of gavelkind (or, as it has been more correctly styled, socage tenure, subject to the custom of gavelkind) unless the contrary be shown: (Lit. Ten. s. 265; Rob. Gav. by Norwood, 27, 28; Will. R. P. 130, 13th edit.)

Q.-What are the principal distinguishing features of such tenures? (b) A. (1) The tenant is able to alien his estate by feoffment at the early age of fifteen; (2) the estate did not escheat on conviction of murder; (3) the lands descend equally to all the sons or other male collateral relations, on failure of nearer heirs; (4) the widow is dowable of a moiety of the lands, but only while she remains unmarried and chaste; (5) the husband is entitled to curtesy whether he has issue born or not, but only of a moiety, and this ceases on his marrying again: (1 St. C. 212, 8th edit.)

Q. What is a tenancy in ancient demesne ?

A. This tenure exists in those manors which belonged to the Crown in the reigns of Edward the Confessor and William the Conqueror, and in Domesday Book are denominated "Terræ Regis Edwardi or " Terræ Regis." The tenants are freeholders, and possess certain ancient immunities, the chief of which is the right to sue and be sued only in their lord's court (Will. R. P. 131, 13th edit.)

Q.-What is the difference in the tenure of the following estates: A lease to A. for ninety-nine years.-A lease to A. for ninety-nine years, if B. shall so long live.-A. lease to A. for three lives.-A lease to A. for ninety-nine years, if he shall so long live?

A.-A lease to A. for ninety-nine years, also a lease to A. for ninetynine years if B. (or A.) shall so long live, are leaseholds merely; whilst a lease to A. for three lives is a freehold interest: (Will. R. P. 395, 13th edit.)

Q.-Is the estate of longer duration necessarily the greater estate in law? Give an explanation in support of your answer.

A.-No; as an estate for 999 years is only a chattel interest, and,

(a) "All real property," says A'Beckett, in his "Comic Blackstone," "is held, and generally pretty tightly held, by those who possess it. This tenacity of property is such that the thing holden is called a tenement, the holder a tenant, and the mode of holding a tenure:" (p. 100.) This is clear and pithy, if not very humorous.

(b) Also asked thus: To whom will land, held according to the tenure or custom of gavelkind, descend? and in what part of England does this custom more especially prevail?

therefore, a lesser estate in the eye of the law than an estate for life, which is a freehold interest.

Q-Can a lessee for 999 years grant a lease for life and give the reason for your answer.

A. He cannot; for the estate for 999 years is the less estate in the eye of the law: (see Will. R. P. 414, 13th edit.; 1 St. C. 280, 8th edit.) Q.-What are legal and what are equitable estates ?

A.-Legal estates are those limitations of interest in realty which gave a party a right at law to the ownership and profits; an equitable estate is such an interest as was not, for most purposes, noticed at law, but in equity was in fact the beneficial ownership of the land and its profits as distinguished from the mere legal seisin: (1 St. C. 229, 8th edit.; Will. B. P. 163, 13th edit.)

Q. What is the largest and what is the smallest estate of freehold of which a man can be seised?

A.-An estate in fee simple is the largest, and an estate pur autre vie the smallest estate of freehold of which a man can be seised.

Q.-What is an estate of freehold ?

A.-It is an estate either of inheritance or for life in lands of free tenure (see 1 St. C. 229, 8th edit.; Co. Litt. 43 b.; Will. R. P. 22, 13th edit.)

Q.-Mention the different senses in which the terms "estate" and "freehold" are used in connection with real property, and the meaning of each.

A.-An estate in lands and tenements may be considered-1. In reference to the nature of the ownership; i.e., whether it be legal or equitable. 2. In reference to the quantity of interest; i.e., whether freehold or less than freehold. 3. With regard to the time of enjoyment; i.e., whether the interest is in possession or expectancy. 4. With regard to the number and connection of the tenants. The term freehold denotes the tenure of the property, and shows that the owner thereof has a life estate at least: (see 1 St. C. 229, 230, 8th edit.)

Q.-Describe an estate of inheritance, and state the different kinds? A.-An estate of inheritance is where the tenant is not only entitled t enjoy the land for his own life, but where, after his death, it is cast by the law upon the persons who successively represent him in perpetuum in right of blood, according to an established order of descent. Estates of inheritance are either estates in fee simple or fee tail: (1 St. C. 230, 8th edit.)

Q.-What is the difference between an estate in fee simple and an estate in tail general?

A. The difference between them is one of quality, not quantity: (see post, tit. "Estate in fee simple.") An estate in fee simple is the largest estate or interest the law of England allows a man to possess in landed property, and on the death of the owner intestate descends to his heirs, either lineal or collateral; whilst a fee tail will only descend to the lineal heirs. Again, there is a difference in the mode of their conveyance: (see hereon post; St. C. vol. 1.)

Q.-Define the several kinds of estates with regard to their quantity of interest, stating which arise by operation of law.

A. They are the following: 1. Estates in fee simple. 2. Estates tail. 3. Estates for life, and pur autre vie, tenancies in tail after possibility of issue extinct, and estates by curtesy and dower; and these three latter arise by operation of law. 4. Estates for years, estates at will and at sufferance: (see 1 St. C. chaps. 3, 4, 5.)

Q. What are the words of limitation proper to use in a deed in creating each respective class of estate ?

A. The proper mode of creating an estate in fee simple is by limiting the estate "to (the grantee) his heirs and assigns for ever.”

An estate tail is created by limiting it to the grantee, and the "heirs of his body." This limitation would create an estate tail general. An estate tail special is where the limitation is to particular heirs. (But by 44 & 45 Vict. c. 41, s. 51, after Dec. 31, 1881, it will be sufficient in a deed to use the words in fee simple," or "in tail" respectively.)

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An estate for life is created either by an express limitation to the grantee for and during his life," or the life of another, or simply to him without any further words of limitation, which in a deed gives him a life estate.

An estate for years is created by a grant or demise to the grantee, his executors, administrators, and assigns (these words of limitation, however, are not essential), to hold for the term of

years.

An estate at will is where lands, &c., are let by one to another to hold at the will of both parties. It may be constituted by agreement either written or verbal.

An estate at sufferance is where one comes into possession of land by a lawful title, and, after his estate is ended, wrongfully continues in possession (see 1 St. C. chaps. 3, 4, 5.)

Q. How may an estate tail, an estate for life, and an estate for years be destroyed?

A.-An estate tail may be destroyed by barring the entail and turning it into a fee simple, and formerly by forfeiture. But the 33 & 34 Vict. c. 23, s. 1, provides that after the passing of that Act (4th July, 1870), no confession, verdict, inquest, conviction, or judgment of or for any treason or felony, or felo de se shall cause any attainder or corruption of blood or any forfeiture or escheat. An estate for life or years may be destroyed by surrender or merger: (see Will. R. P. 49, 57, 281, 414, 13th edit.)

Q. What are the several kinds of estates with regard to the time of their enjoyment?

A.-They are either in possession or expectancy; and the latter are at common law either remainders or reversions: (see 1 St. C. ch. 7.)

Q. What is a disclaimer and its consequences !

A.-A disclaimer of tenure is where a tenant who holds of any lord neglects to render him the due services, and upon action brought to recover them, disclaims to hold of his lord; such disclaimer in any court of record is a forfeiture of the lands to the lord. As to disclaimer of estate, no person can be compelled to take an estate by conveyance against his will. Therefore, on his refusal to take the estate, the effect of the conveyance

to him may be avoided by executing a deed of disclaimer: (1 St. C. 474, 476, 8th edit.)

Q.-Give an instance of an estate upon condition.

A.—If A. grants to his lessee for years that upon payment of a hundred marks within the term he shall have the fee, this is a condition precedent, and the fee does not pass until the hundred marks are paid. But if A. grants the fee, reserving to himself and his heirs a rent, and that if not paid it should be lawful for him and his heirs to re-enter and avoid the estate, then the grantee has an estate upon condition subsequent: (1 St. C. 294, 8th edit.)

Q. Where a condition is annexed to a grant of an estate in fee simple, what is the result of the breach of the condition-1st, When it is precedent; 2nd, when it is subsequent ? (a)

A.-Where the condition is precedent, it must be performed before the estate can vest, even if the condition cannot be performed or is unlawful. Where, however, the condition is a valid condition subsequent, then, on breach, the estate becomes void. But at common law the grantor or his heirs must have avoided the estate by entry; otherwise it would still continue in the grantee. When the performance of a mere condition subsequent becomes impossible or void, the estate remains in the grantee : (see St. C. 296, 299, 8th edit.)

Q.-Devise of real estate to A., a widower, for life, and of other real estate to B., a widow, for life, with a condition in each case, that a gift should be forfeited if the devisee should marry again. What is the effect of a condition in each case? Would the effect be different in either case if the gift were of the income of personalty?

A. The condition is valid in each case whether the gift is of realty or (there being a gift over) of the income of personal estate; the doctrine that conditions in restraint of marriage are void does not apply at all to real estate, nor as regards widows even to personal estate: (Jarman on Wills, ch. 27.) And it has been recently held that widows and widowers are on the same footing in this respect: (Allen v. Jackson, L. Rep. 1 Ch. Div. 397.)

ESTATES IN FEE SIMPLE.

Question. What is an estate in fee simple?

Answer. It is the largest estate or interest which the law of England allows any person to possess in landed property, and is that which a man hath to him and his heirs: (Will. R. P. 61, 13th edit.; 1 St. C. 232, 8th edit.)

Q-Who is a tenant in fee simple ?

A. One who holds land or tenements to him and his heirs, so that the estate is descendible not merely to the heirs of his body, but to collateral relations, according to the rules and canons of descent: (Will. ubi sup.; 1 St. C. ubi sup.)

(a) A similar question has been asked in the Common Law Division.