Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/125

 Ch. 7. the tatute ''de donis. Tenements'' is the only word ued in the tatute: and this ir Edward Coke expounds to comprehend all corporeal hereditaments whatoever; and alo all incorporeal hereditaments which favour of the realty, that is, which iue out of corporeal ones, or which concern, or are annexed to, or may be exercied within the ame; as, rents, etovers, commons, and the like. Alo offices and dignities, which concern lands, or have relation to fixed and certain places, may be entailed. But mere peronal chattels, which favour not at all of the realty, cannot be entailed. Neither can an office, which merely relates to uch peronal chattels; nor an annuity, which charges only the peron, and not the lands, of the grantor. But in them, if granted to a man and the heirs of his body, the grantee hath till a fee conditional at common law, as before the tatute; and by his alienation may bar the heir or reverioner. An etate to a man and his heirs for another's life cannot be entailed ; for this is trictly no etate of inheritance (as will appear hereafter) and therefore not within the tatute de donis. Neither can a copyhold etate be entailed by virtue of the tatute; for that would tend to encroach upon and retrain the will of the lord; but, by the pecial cutom of the manor, a copyhold may be limited to the heirs of the body ; for here the cutom acertains and interprets the lord's will.

, as to the everal pecies of etates-tail, and how they are repectively created. Etates-tail are either general, or pecial. Tail-general is where lands and tenements are given to one, and the heirs of his body begotten: which is called tail-general, becaue, how often oever uch donee in tail be married, his iue in general by all and every uch marriage is, in ucceive order, capable of inheriting the etate-tail, per formam doni. Tenant in tail-pecial is where the gift is retrained to certain heirs of the donee's body, and does not go to all of them in general. And this Rh