Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/120

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108
The Rights
Book II.

be punctually purſued; or that, as Crag[1] expreſſes it, in the words of Baldus, "donationes ſint ſtricti juris, ne quis plus donaſſe praeſumatur quam in donatione expreſſerit." And therefore, as the perſonal abilities of the donee were originally ſuppoſed to be the only inducements to the gift, the donee's eſtate in the land extended only to his own perſon, and ſubſiſted no longer than his life; unleſs the donor, by an expreſs proviſion in the grant, gave it a longer continuance, and extended it alſo to his heirs. But this rule is now ſoftened by many exceptions[2].

For, 1. It does not extend to deviſes by will; in which, as they were introduced at the time when the feodal rigor was apace wearing out, a more liberal conſtruction is allowed: and therefore by a deviſe to a man for ever, or to one and his aſſigns for ever, or to one in fee-ſimple, the deviſee hath an eſtate of inheritance; for the intention of the deviſor is ſufficiently plain from the words of perpetuity annexed, though he hath omitted the legal words of inheritance. But if the deviſe be to a man and his aſſigns, without annexing words of perpetuity, there the deviſee ſhall take only an eſtate for life; for it does not appear that the deviſor intended any more. 2. Neither does this rule extend to fines or recoveries, conſidered as a ſpecies of conveyance; for thereby an eſtate in fee paſſes by act and operation of law without the word "heirs:" as it does alſo, for particular reaſons, by certain other methods of conveyance, which have relation to a former grant or eſtate, wherein the word "heirs" was expreſſed[3]. 3. In creations of nobility by writ, the peer ſo created hath an inheritance in his title, without expreſſing the word, "heirs;" for they are implied in the creation, unleſs it be otherwiſe ſpecially provided: but in creations by patent, which are ſtricti juris, the word "heirs" muſt be inſerted, otherwiſe there is no inheritance, 4. In grants of lands to ſole corporations and their ſucceſſors, the word "ſucceſſors" ſupplies the place of "heirs;" for as heirs take from the anceſtor, ſo doth the ſucceſſor from

  1. l. 1. t. 9. §. 17.
  2. Co. Litt. 9, 10.
  3. Ibid. 9.
the