An Elementary Treatise on Estates Author:Richard Preston Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Thus, under a gift to. a man and his textit{hell's and assigns for ever; and if he shall die without heirs of his body, then to another person ; the donee will, ... more »even in a deed, have an estate-tail, and not an estate in fee-simple. So a grant by the premises of a deed to a man and his heirs, textit{habendum to him and his heirs for several lives textit{(g)i gives an interest for the lives only ; for the words of the textit{habendum are explanatory of the intention, and show, that though the heirs are to be entitled, they are to take for a limited time, and not generally and indefinitely. On the other hand, a grant to a man and his textit{heirs of his body, textit{habendum to him and his heirs textit{(h), gives him several estates; one in tail, the other in fee. All these and the like cases, of which there are a great variety, are authorities proving na more than that the word heirs may be qualified and explained to mean a limited interest; and that it does not, textit{ex vi termini, and in opposition to a manifest intention, import a fee-simple. The rule in application to deeds is only that a fee cannot be transferred or created without a limitation, in terms, or by reference, to the heirs. No substituted words of perpetuity will, except in special cases, be allowed to supply their place. Therefore, a grant in a deed to a man and his assigns; or to him and his assigns for ever; textit{(o) Sken. 44; textit{WilMns v. textit{Daure, Brownl. 169. textit{(h) Thurman v. textit{Cooper, Cro. J. 470; Perk. ยง 170. or in fee-simple, by that term ; or to him and his successors; or so long as the grantor, who has an estate in fee-simple in other lands, his heirs and assigns, shall hold these lands, will not, by reason of thte omission of a limitation to the heirs, pass more than a...« less