may happen ſeveral ways[1]. I ſhall inſtance in only one: as where lands and tenements are given to a man and the heirs of his body, on Mary his now wife to be begotten; here no iſſue can inherit, but ſuch ſpecial iſſue as is engendered between them two: not ſuch as the huſband may have by another wife: and therefore it is called ſpecial tail. And here we may obſerve, that the words of inheritance (to him and his heirs) give him an eſtate in fee; but they being heirs to be by him begotten, this makes it a fee-tail; and the perſon being alſo limited, on whom ſuch heirs ſhall be begotten, (viz. Mary his preſent wife) this makes it a fee-tail ſpecial.
Estates, in general and ſpecial tail, are farther diverſified by the diſtinction of ſexes in ſuch entails; for both of them may either be in tail male or tail female. As if lands be given to a man, and his heirs male of his body begotten, this is an eſtate in tail male general; but if to a man and the heirs female of his body on his preſent wife begotten, this is an eſtate in tail female ſpecial. And, in caſe of an entail male, the heirs female ſhall never inherit, nor any derived from them; nor, e converſo, the heirs male, in caſe of a gift in tail female[2]. Thus, if the donee in tail male hath a daughter, who dies leaving a ſon, ſuch grandſon in this caſe cannot inherit the eſtate-tail; for he cannot deduce his deſcent wholly by heirs male[3]. And as the heir male muſt convey his deſcent wholly by males, ſo muſt the heir female wholly by females. And therefore if a man hath two eſtates-tail, the one in tail male, the other in tail female; and he hath iſſue a daughter, which daughter hath iſſue a ſon; this grandſon can ſucceed to neither of the eſtates: for he cannot convey his deſcent wholly either in the male or female line[4].
As the word heirs is neceſſary to create a fee, ſo, in farther imitation of the ſtrictneſs of the feodal donation, the word body, or ſome other words of procreation, are neceſſary to make it a
