Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/127

 Ch. 7. fee-tail, and acertain to what heirs in particular the fee is limited. If therefore either the words of inheritance or words of procreation be omitted, albeit the others are inerted in the grant, this will not make an etate-tail. As, if the grant be to a man and his iue of his body, to a man and his feed, to a man and his children, or offspring; all thee are only etates for life, there wanting the words of inheritance, his heirs. So, on the other hand, a gift to a man, and his heirs male, or female, is an etate in fee-imple, and not in fee-tail; for there are no words to acertain the body out of which they hall iue. Indeed, in lat wills and tetaments, wherein greater indulgence is allowed, an etate-tail may be created by a devie to a man and his feed, or to a man and his heirs male; or by other irregular modes of expreion.

is till another pecies of entailed etates, now indeed grown out of ue, yet till capable of ubiting in law; which are etates in libera maritagio, or frankmarriage. Thee are defined to be, where tenements are given by one man to another, together with a wife, who is the daughter or couin of the donor, to hold in frankmarriage. Now by uch gift, though nothing but the word frankmarriage is expreed, the donees hall have the tenements to them, and the heirs of their two bodies begotten; that is, they are tenants in pecial tail. For this one word, frankmarriage, does ex vi termini not only create an inheritance, like the word frankalmoign, but likewie limits that inheritance; upplying not only words of decent, but of procreation alo. Such donees in frankmarriage are liable to no ervice but fealty; for a rent reerved thereon is void, until the fourth degree of conanguinity be pat between the iues of the donor and donee.

incidents to a tenancy in tail, under the tatute Wetm. 2. are chiefly thee. 1. That a tenant in tail may commit wate on the etate-tail, by felling timber, pulling down houes, or the Rh