Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/176

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164
The Rights
Book II.

II. An eſtate then in remainder may be defined to be, an eſtate limited to take effect and be enjoyed after another eſtate is determined. As if a man ſeiſed in fee-ſimple granteth lands to A for twenty years, and, after the determination of the ſaid term, then to B and his heirs for ever: here A is tenant for years, remainder to B in fee. In the firſt place an eſtate for years is created or carved out of the fee, and given to A; and the reſidue or remainder of it is given to B. But both theſe intereſts are in fact only one eſtate; the preſent term of years and the remainder afterwards, when added together, being equal only to one eſtate in fee[1]. They are indeed different parts, but they conſtitute only one whole: they are carved out of one and the ſame inheritance: they are both created, and may both ſubſiſt, together; the one in poſſeſſion, the other in expectancy. So if land be granted to A for twenty years, and after the determination of the ſaid term to B for life; and, after the determination of B's eſtate for life, it be limited to C and his heirs for ever: this makes A tenant for years, with remainder to B for life, remainder over to C in fee. Now here the eſtate of inheritance undergoes a diviſion into three portions: there is firſt A's eſtate for years carved out of it; and after that B's eſtate for life; and then the whole that remains is limited to C and his heirs. And here alſo the firſt eſtate, and both the remainders, for life and in fee, are one eſtate only; being nothing but parts or portions of one entire inheritance: and if there were a hundred remainders, it would ſtill be the ſame thing; upon a principle grounded on mathematical truths that all the parts are equal, and no more than equal, to the whole. And hence alſo it is eaſy to collect, that no remainder can be limited after the grant of an eſtate in fee-ſimple[2]: becauſe a fee-ſimple is the higheſt and largeſt eſtate, that a ſubject is capable of enjoying; and he that is tenant in fee hath in him the whole of the eſtate: a remainder therefore, which is only a portion, or reſiduary part, of the eſtate, cannot be reſerved after the whole is diſpoſed of. A particular eſtate, with all the remain-

  1. Co. Litt. 143.
  2. Plowd. 29. Vaugh. 269.
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