Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/133

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Ch. 8.
of Things.
121

Estates for life maybe created, not only by the expreſs words before-mentioned, but alſo by a general grant, without defining or limiting any ſpecific eſtate. As, if one grants to A. B. the manor of Dale, this makes him tenant for life[1]. For though, as there are no words of inheritance, or heirs, mentioned in the grant, it cannot be conſtrued to be a fee, it ſhall however be conſtrued to be as large an eſtate as the words of the donation will bear, and therefore an eſtate for life. Alſo ſuch a grant at large, or a grant for term of life generally, ſhall be conſtrued to be an eſtate for the life of the grantee[2]; in caſe the grantor hath authority to make ſuch a grant: for an eſtate for a man's own life is more beneficial and of a higher nature than for any other life; and the rule of law is, that all grants are to be taken moſt ſtrongly againſt the grantor[3], unleſs in the caſe of the king.

Such eſtates for life will, generally ſpeaking, endure as long as the life for which they are granted: but there are ſome eſtates for life, which may determine upon future contingencies, before the life, for which they are created, expires. As, if an eſtate be granted to a woman during her widowhood, or to a man until he be promoted to a benefice; in theſe, and ſimilar caſes, whenever the contingency happens, when the widow marries, or when the grantee obtains a benefice, the reſpective eſtates are abſolutely determined and gone[4]. Yet, while they ſubſiſt, they are reckoned eſtates for life; becauſe, the time for which they will endure being uncertain, they may by poſſibility laſt for life, if the contingencies upon which they are to determine do not ſooner happen. And, moreover, in caſe an eſtate be granted to a man for his life, generally, it may alſo determine by his civil death; as if he enters into a monaſtery, whereby he is dead in law[5]: for which reaſon in conveyances the grant is uſually made "for the term of a man's natural life;" which can only determine by his natural death[6].

  1. Co. Litt. 42.
  2. Ibid.
  3. Ibid. 36.
  4. Co. Litt. 42. 3 Rep. 20.
  5. 2 Rep. 48.
  6. See Vol. I. pag. 129.
Vol. II.
Q
The