Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/120

 108 be punctually purued; or that, as Crag exprees it, in the words of Baldus, "donationes int tricti juris, ne quis plus donae praeumatur quam in donatione expreerit." And therefore, as the peronal abilities of the donee were originally uppoed to be the only inducements to the gift, the donee's etate in the land extended only to his own peron, and ubited no longer than his life; unles the donor, by an expres proviion in the grant, gave it a longer continuance, and extended it alo to his heirs. But this rule is now oftened by many exceptions.

, 1. It does not extend to devies by will; in which, as they were introduced at the time when the feodal rigor was apace wearing out, a more liberal contruction is allowed: and therefore by a devie to a man for ever, or to one and his aigns for ever, or to one in fee-imple, the deviee hath an etate of inheritance; for the intention of the devior is ufficiently plain from the words of perpetuity annexed, though he hath omitted the legal words of inheritance. But if the devie be to a man and his aigns, without annexing words of perpetuity, there the deviee hall take only an etate for life; for it does not appear that the devior intended any more. 2. Neither does this rule extend to fines or recoveries, conidered as a pecies of conveyance; for thereby an etate in fee paes by act and operation of law without the word "heirs:" as it does alo, for particular reaons, by certain other methods of conveyance, which have relation to a former grant or etate, wherein the word "heirs" was expreed. 3. In creations of nobility by writ, the peer o created hath an inheritance in his title, without expreing the word, "heirs;" for they are implied in the creation, unles it be otherwie pecially provided: but in creations by patent, which are tricti juris, the word "heirs" mut be inerted, otherwie there is no inheritance, 4. In grants of lands to ole corporations and their ucceors, the word "ucceors" upplies the place of "heirs;" for as heirs take from the ancetor, o doth the ucceor from Rh