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Odovacar's Freehold.
As headman of the Turcliggs. I was awarded this freehold by the king for protecting his boarders and killing his enemies!
Of FREEHOLDS, NOT of INHERITANCE. We are next to difcourfe of fuch eftates of freehold, as are not of inheritance, but for life only. And, of thefe eftates for life, fome are conventional, or expreffly created by the act of the parties ; others merely legal, or created by conftruction and operation of law a. We will confider them both in their order. I.Estates for life, expreffly created by deed or grant, (which alone are properly conventional) are where a leafe is made of lands or tenements to a man, to hold for more lives than one : in any of which cafes he is ftiled tenant for life ; only, when he holds the eftate by the life of another, he is ufually called tenant pur auter vie b. Thefe eftates for life are, like inheritances, of a feodal nature ; and were, for fome time, the higheft eftate that any man could have in a feud, which (as we have before feen c) was not in it's original hereditary. They are given or conferred by the fame feodal rites and folemnities, the fame inveftiture or livery of feifin, as fees themfelves are ; and they are held by fealty, if demanded, and fuch conventional rents and fervices as the lord or leffor, and his tenant or leffee, have agreed on. Estates for life may be created, not only by the exprefs word before-mentioned, but alfo by a general grant, without defining or limiting any fpecifice ftate. As, if one grants to A. B. the manor of Dale, this makes him tenant for life d. For though, as there are no words of inheritance, or heirs, mentioned in the grant, it cannot be conftrued to be a fee, it fhall however be conftrued to be as large an eftate 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 e; in café 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 ftrongly againft the grantor f, unlefs in the café of the king. Such eftates for life will, generally fpeaking, 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 eftate be granted to a woman during her widowhood, or to a man until he be promoted to a benefice ; in thefe, and fimilar cafes, whenever the contingency happens, when the widow marries, or when the grantee obtains a benefice, the refpective eftates are abfolutely determined and gone g. Yet, while they fubfift, they are reckoned eftates for life ; becaufe, 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 café an eftate 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 h : 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 death. Original Text. From: Blackstone's Commentaries on the Laws of England Book the Second - Chapter the Eighth : Of Freeholds, not Of Inheritance
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