perty is frequently in one man, while the appendage or ſervice is in another. Thus Gaius may be ſeiſed as of fee, of a way going over the land, of which Titius is ſeiſed in his demeſne as of fee.
The fee-ſimple or inheritance of lands and tenements is generally veſted and reſides in ſome perſon or other; though divers inferior eſtates may be carved out of it. As if one grants a leaſe for twenty one years, or for one or two lives, the fee-ſimple remains veſted in him and his heirs; and after the determination of thoſe years or lives, the land reverts to the grantor or his heirs, who ſhall hold it again in fee-ſimple. Yet ſometimes the fee may be in abeyance, that is (as the word ſignifies) in expectation, remembrance, and contemplation in law; there being no perſon in eſſe, in whom it can veſt and abide; though the law conſiders it as always potentially, exiſting, and ready to veſt whenever a proper owner appears. Thus, in a grant to John for life, and afterwards to the heirs of Richard, the inheritance is plainly neither granted to John nor Richard, nor can it veſt in the heirs of Richard till his death, nam nemo eſt haeres viventis: it remains therefore in waiting, or abeyance, during the life of Richard[1]. This is likewiſe always the caſe of a parſon of a church, who hath only an eſtate therein for the term of his life: and the inheritance remains in abeyance[2]. And not only the fee, but the freehold alſo, may be in abeyance; as, when a parſon dies, the freehold of his glebe is in abeyance, until a ſucceſſor be named, and then it veſts in the ſucceſſor[3].
The word, heirs, is neceſſary in the grant or donation in order to make a fee, or inheritance. For if land be given to a man for ever, or to him and his aſſigns for ever, this veſts in him but an eſtate for life[4]. This very great nicety about the inſertion of the word "heirs" in all feoffments and grants, in order to veſt a fee, is plainly a relic of the feodal ſtrictneſs: by which we may remember[5] it was required, that the form of the donation ſhould
