The Adventures of Sir Launcelot Greaves by Tobias George Smollett
page 14 of 285 (04%)
page 14 of 285 (04%)
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Here Mr. Ferret thought proper to intermingle in the conversation with a "Pish, what dost talk of docking the intail? Dost not know that by the statute Westm. 2, 13 Ed. the will and intention of the donor must be fulfilled, and the tenant in tail shall not alien after issue had, or before." "Give me leave, sir," replied Tom, "I presume you are a practitioner in the law. Now, you know, that in the case of a contingent remainder, the intail may be destroyed by levying a fine, and suffering a recovery, or otherwise destroying the particular estate, before the contingency happens. If feoffees, who possess an estate only during the life of a son, where divers remainders are limited over, make a feoffment in fee to him, by the feoffment, all the future remainders are destroyed. Indeed, a person in remainder may have a writ of intrusion, if any do intrude after the death of a tenant for life, and the writ ex gravi querela lies to execute a device in remainder after the death of a tenant in tail without issue." "Spoke like a true disciple of Geber," cries Ferret. "No, sir," replied Mr. Clarke, "Counsellor Caper is in the conveyancing way--I was clerk to Serjeant Croker." "Ay, now you may set up for yourself," resumed the other; "for you can prate as unintelligibly as the best of them." "Perhaps," said Tom, "I do not make myself understood; if so be as how that is the case, let us change the position, and suppose that this here case is a tail after a possibility of issue extinct. If a tenant in tail after a possibility make a feoffment of his land, he in reversion may enter for the forfeiture. Then we must make a distinction between general tail and special tail. It is the word body that makes the intail: there must be a body in the tail, devised to heirs male or female, otherwise it is a fee-simple, because it is not limited of what body. Thus a corporation cannot be seized in tail. For example, here is |
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