Practice With Science, Vol. 2

Excerpt from Practice With Science, Vol. 2: A Series of Agricultural PapersBy the original law of England, though land might have been given to a man and his lineal heirs, sons and daughters, grandsons and grand - daughters, and so forth, exclusively, or for an interest similar to an estate tail, to the heirs Of his body,-yet after issue born his ownership became equivalent to a fee-simple for the purpose of alienation. The difference between a fee-simple and a fee - tail in the Olden time was this - If the estate was given to A. And his heirs, he had an estate in fee - simple, and he could immediately sell it but if the estate was given to A., and the heirs of his body, or the heirs - male of his body, he had a fee - tail, which he could not dispose Of until he had fulfilled the implied condition of the gift, namely, had a child born to him, where the gift was to the heirs (generally) of his body, or a son, where the gift was to the heirs - male of his body. But when that condition had been complied with by the birth Of a child in the one case, or Of a son in the other, the father - the donee or grantee of the estate - could sell or otherwise dispose Of it as readily as if it had been originally granted to him in fee - simple. Prac tically no interest vested in the heir in tail, i.a., the child, the different manner of limiting the estate being deemed only to affect the character Of the father's interest in the property. Of course, if the father died without having made any disposi tion, the land would descend according to the form Of the gift. I would gladly see our real property law brought back to its original simplicity, which, as I will hereafter show you, might be very easily accomplished, and that without the disturbance Of any useful enjoyment Of landed property.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.