born, as conditional fees were in at common law, after the condition was performed, by the birth of iffue. For, firft, the tenant in tail is now enabled to aliene his lands and tenements by fine, by recovery, or by certain other means; and thereby to defeat the intereft as well of his own iffue, though unborn, as also of the reverfioner, except in the cafe of the crown fecondly, he is now liable to forfeit them for high treason: and, laftly, he may charge them with reasonable leafes, and alfo with fuch of his debts as are due to the crown on fpecialties, or have been contracted with his fellow-fubjects in a course of extenfive commerce, CHAPTER THE EIGHTH. OF FREEHOLDS, NOT WE 7E are next to difcourfe of fuch eftates of freehold, as are not of inheritance, but for life only. And of these estates for life, fome are conventional, or expressly created by the act of the parties; others merely legal, or created by construction and operation of law. We will confider them both in their order. I. ESTATES for life, exprefsly created by deed or grant (which alone are properly conventional), are where a lease is made of lands or tenements to a man, to hold for the term of his own life, or for that of any other perfon, or for more lives than one in any of which cafes he is ftiled tenant for life; only, when he holds the estate by the life of another, he is ufually called tenant pur auter vie. These estates for life are, like inheritances, of a feodal nature; and were, for fome time, the highest estate that any man could have in a feud, which (as we have before seen ) was not in it's original hereditary. They are given or conferred by the same feodal rights and folemnities, the fame inveftiture or livery of feifin, as fees themselves are; and they are held by fealty, if demanded, and fuch conventional rents and services as the lord or leffor, and his tenant or leffee, have agreed on. a Wright. 190. Litt. § 56. с pag 55. ESTATES ESTATES for life may be created, not only by the express words before mentioned, but alfo by a general grant, without defining or limiting any fpecific estate. As, if one grants to A. B. the manor of Dale, this makes him tenant for life. 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 eftate for life. Alfo fuch a grant at large, or a grant for term of life generally, fhall be conftrued to be an eftate for the life of the grantee; in cafe the grantor hath authority to make fuch a grant: for an eftate 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 moft strongly against the grantor', unless in the cafe of the king. SUCH eftates for life will, generally speaking, endure as long as the life for which they are granted: but there are fome eftates 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 fimilar cafes, whenever the contingency hap pens, when the widow marries, or when the grantee obtains a benefice, the respective estates are abfolutely determined and gone. Yet, while they fubfift, they are reckoned eftates for life; because, the time for which they will endure being uncertain, they may by poffibility laft for life, if the contingencies upon which they are to determine do not fooner happen. And, moreover, in case an estate be granted to a man for his life, generally, it may alfo determine by his civil death; as if he enters into a monaftery, whereby he is dead in law : for which reafon in conveyances the grant is ufually made "for the term of a man's natural life;" which can only determine by his natural death1. Co. Litt. 42, • Ibid. Co. Litt. 42. 3 Rep. 20. i See Vol. I. pag. 132. THE THE incidents to an estate for life are principally the following; which are applicable not only to that species of tenants for life, which are exprefsly created by deed; but also to those, which are created by act and operation of law. 1. EVERY tenant for life, unless restrained by covenant or agreement, may of common right take upon the land demised to him reasonable eftovers * or botes'. For he hath a right to the full enjoyment and ufe of the land, and all it's profits, during his eftate therein. But he is not permitted to cut down timber or do other wafte upon the premises for the deftruction of fuch things, as are not the temporary profits of the tenement, is not necessary for the tenant's complete enjoyment of his eftate; but tends to the permanent and lafting lofs of the perfon entitled to the inheritance (1). 2. TENANT for life, or his reprefentatives, fhall not be prejudiced by any fudden determination of his eftate, becaufe fuch a determination is contingent and uncertain". Therefore if a tenant for his own life fows the lands, and dies before harveft, his executors fhall have the emblements, or profits of the crop for the estate was determined by the act of God; and it is a maxim in the law, that actus Dei nemini facit injuriam. The reprefentatives, therefore, of the tenant for life fhall have the emblements, to compenfate for the labour and expence of tilling, manuring, and sowing the lands; and alfo for the encouragement of husbandry, which being a public benefit, tending to the increase and plenty of provisions, ought to have the utmost security and privilege that the law can give it. Wherefore by the feodal law, if a tenant for life died between the beginning of September and (1) See p. 283. post. in what cafes the tenant for life down timber, and commit what in law is called waste, may cut the the end of February, the lord, who was entitled to the reverfion, was alfo entitled to the profits of the whole year; but, if he died between the beginning of March and the end of Auguft, the heirs of the tenant received the whole. [123] From hence our law of emblements feems to have been derived, but with very confiderable improvements. So it is alfo, if a man be tenant for the life of another, and cefluy que vie, or he on whofe life the land is held, dies after the corn fown, the tenant pur auter vie fhall have the emblements. The fame is alfo the rule, if a life-eftate be determined by the act of law. Therefore, if a lease be made to husband and wife during coverture, (which gives them a determinable eftate for life,) and the husband fows the land, and afterwards they are divorced a vinculo matrimonii, the husband fhall have the emblements in this cafe; for the fentence of divorce is the act of law. But if an estate for life be determined by the tenant's own act, (as, by forfeiture for wafte committed; or, if a tenant during widowhood thinks proper to marry,) in thefe, and fimilar cafes, the tenants, having thus determined the eftate by their own acts, fhall not be entitled to take the emblements. The doctrine of emblements extends not only to corn fown, but to roots planted, or other annual artificial profit, but it is otherwife of fruit-trees, grafs, and the like; which are not planted annually at the expence and labour of the tenant, but are either a permanent, or natural, profit of the earth'. For when a man plants tree, he cannot be prefumed to plant it in contemplation of any prefent profit; but merely with a profpect of it's being useful to himself in future, and to future fucceffions of tenants. The advantages also of emblements are particularly extended to the parochial clergy by the statute 23 Hen. VIII. c. 11 (2). For all perfons, who are prefented to any ecclefiaftical benefice, or • Feud. 1. 2. t. 28. 5 Rep. 116. 9 Co Litt. 55. Co. Litt. 55, 56. 1 Roll. Abr. 728. (2.) That ftatute enables an incumbent to bequeath by will, the corn and grain growing upon the glebe-land. to |