made[1]: or, if it be a chattel intereſt, though perhaps it might operate as a future contract, if the tenant for years be a party to the deed of creation, yet it is void by way of remainder: for it is a ſeparate independent contract, distinct from the precedent eſtate at will; and every remainder muſt be part of one and the ſame eſtate, out of which the preceding particular eſtate is taken[2]. And hence it is generally true, that if the particular eſtate is void in it's creation, or by any means is defeated afterwards, the remainder ſupported thereby ſhall be defeated alſo[3]: as where the particular eſtate is an eſtate for the life of a perſon not in eſſe[4]; or an eſtate for life upon condition, on breach of which condition the grantor enters and avoids the eſtate[5]; in either of theſe caſes the remainder over is void.
2. A second rule to be obſerved is this; that the remainder muſt commence or paſs out of the grantor at the time of the creation of the particular eſtate[6]. As, where there is an eſtate to A for life, with remainder to B in fee: here B's remainder in fee paſſes from the grantor at the ſame time that ſeiſin is delivered to A of his life eſtate in poſſeſſion. And it is this, which induces the neceſſity at common law of livery of ſeiſin being made on the particular eſtate, whenever a freehold remainder is created. For, if it be limited even on an eſtate for years, it is neceſſary that the leſſee for years ſhould have livery of ſeiſin, in order to convey the freehold from and out of the grantor; otherwiſe the remainder is void[7]. Not that the livery is neceſſary to ſtrengthen the eſtate for years; but, as livery of the land is requiſite to convey the freehold, and yet cannot be given to him in remainder without infringing the poſſeſſion of the leſſee for years, therefore the law allows ſuch livery, made to the tenant of the particular eſtate, to relate and enure to him in remainder, as both are but one eſtate in law[8].
