Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/136

 124 for life, is alo law with regard to his under-tenant, who repreents him and tands in his place : and greater; for in thoe caes where tenant for life hall not have the emblements, becaue the etate determines by his own act, the exception hall not reach his leee who is a third peron. As in the cae of a woman who holds durante viduitate; her taking huband is her own act, and therefore deprives her of the emblements: but if he leaes her etate to an under-tenant, who ows the land, and he then marries, this her act hall not deprive the tenant of his emblements, who is a tranger and could not prevent her. The leees of tenants for life had alo at the common law another mot unreaonable advantage; for, at the death of their leors the tenants for life, thee under-tenants might if they pleaed quit the premies, and pay no rent to any body for the occupation of the land ince the lat quarter day, or other day aigned for payment of rent. To remedy which it is now enacted, that the executors or adminitrators of tenant for life, on whoe death any leae determined, hall recover of the leee a ratable proportion of rent, from the lat day of payment to the death of uch leor.

II. next etate for life is of the legal kind, as contraditinguihed from conventional; viz. that of tenant in tail after poibility of iue extinct. This happens, where one is tenant in pecial tail, and a peron, from whoe body the iue was to pring, dies without iue; or, having left iue, that iue becomes extinct; in either of thee caes the urviving tenant in pecial tail becomes tenant in tail after poibility of iue extinct. As, where one has an etate to him and his heirs on the body of his preent wife to be begotten, and the wife dies without iue ; in this cae the man has an etate-tail, which cannot poibly decend to any one; and therefore the law makes ue of this long periphrais, as abolutely neceary to give an adequate idea of his etate. For if it had called him barely tenant in fee-tail pecial, that would Rh