heirs of the tenant received the whole[1]. From hence our law of emblements ſeems to have been derived, but with very conſiderable improvements. So it is alſo, if a man be tenant for the life of another, and ceſtuy que vie, or he on whoſe life the land is held, dies after the corn ſown, the tenant pur auter vie ſhall have the emblements. The ſame is alſo the rule, if a life-eſtate be determined by the act of law. Therefore, if a leaſe be made to huſband and wife during coverture, (which gives them a determinable eſtate for life) and the huſband ſows the land, and afterwards they are divorced a vinculo matrimonii, the huſband ſhall have the emblements in this caſe; for the ſentence of divorce is the act of law[2]. But if an eſtate for life be determined by the tenant's own act, (as, by forfeiture for waſte committed; or, if a tenant during widowhood thinks proper to marry) in theſe, and ſimilar caſes, the tenants, having thus determined the eſtate by their own acts, ſhall not be entitled to take the emblements[3]. The doctrine of emblements extends not only to corn ſown, but to roots planted, or other annual artificial profit: but it is otherwiſe of fruit-trees, graſs, and the like; which are not planted annually at the expenſe and labour of the tenant, but are either the permanent, or natural, profit of the earth[4]. For even when a man plants a tree, he cannot be preſumed to plant it in contemplation of any preſent profit; but merely with a proſpect of it's being uſeful to future ſucceſſions of tenants. The advantages alſo of emblements are particularly extended to the parochial clergy by the ſtatute 28 Hen. VIII. c. 11. For all perſons, who are preſented to any eccleſiaſtical benefice, or to any civil office, are conſidered as tenants for their own lives, unleſs the contrary be expreſſed in the form of donation.
3. A third incident to eſtates for life relates to the under-tenants or leſſees. For they have the ſame, nay greater indulgences, than their leſſors, the original tenants for life. The ſame; for the law of eſtovers and emblements, with regard to the tenant
