the ſtatute de donis. Tenements is the only word uſed in the ſtatute: and this ſir Edward Coke[1] expounds to comprehend all corporeal hereditaments whatſoever; and alſo all incorporeal hereditaments which favour of the realty, that is, which iſſue out of corporeal ones, or which concern, or are annexed to, or may be exerciſed within the ſame; as, rents, eſtovers, commons, and the like. Alſo offices and dignities, which concern lands, or have relation to fixed and certain places, may be entailed[2]. But mere perſonal chattels, which favour not at all of the realty, cannot be entailed. Neither can an office, which merely relates to ſuch perſonal chattels; nor an annuity, which charges only the perſon, and not the lands, of the grantor. But in them, if granted to a man and the heirs of his body, the grantee hath ſtill a fee conditional at common law, as before the ſtatute; and by his alienation may bar the heir or reverſioner[3]. An eſtate to a man and his heirs for another's life cannot be entailed[4]; for this is ſtrictly no eſtate of inheritance (as will appear hereafter) and therefore not within the ſtatute de donis. Neither can a copyhold eſtate be entailed by virtue of the ſtatute; for that would tend to encroach upon and reſtrain the will of the lord; but, by the ſpecial cuſtom of the manor, a copyhold may be limited to the heirs of the body[5]; for here the cuſtom aſcertains and interprets the lord's will.
Next, as to the ſeveral ſpecies of eſtates-tail, and how they are reſpectively created. Eſtates-tail are either general, or ſpecial. Tail-general is where lands and tenements are given to one, and the heirs of his body begotten: which is called tail-general, becauſe, how often ſoever ſuch donee in tail be married, his iſſue in general by all and every ſuch marriage is, in ſucceſſive order, capable of inheriting the eſtate-tail, per formam doni[6]. Tenant in tail-ſpecial is where the gift is reſtrained to certain heirs of the donee's body, and does not go to all of them in general. And this
