Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/176

 164 II. etate then in remainder may be defined to be, an etate limited to take effect and be enjoyed after another etate is determined. As if a man eied in fee-imple granteth lands to A for twenty years, and, after the determination of the aid term, then to B and his heirs for ever: here A is tenant for years, remainder to B in fee. In the firt place an etate for years is created or carved out of the fee, and given to A; and the reidue or remainder of it is given to B. But both thee interets are in fact only one etate; the preent term of years and the remainder afterwards, when added together, being equal only to one etate in fee. They are indeed different parts, but they contitute only one whole: they are carved out of one and the ame inheritance: they are both created, and may both ubit, together; the one in poeion, the other in expectancy. So if land be granted to A for twenty years, and after the determination of the aid term to B for life; and, after the determination of B's etate for life, it be limited to C and his heirs for ever: this makes A tenant for years, with remainder to B for life, remainder over to C in fee. Now here the etate of inheritance undergoes a diviion into three portions: there is firt A's etate for years carved out of it; and after that B's etate for life; and then the whole that remains is limited to C and his heirs. And here alo the firt etate, and both the remainders, for life and in fee, are one etate only; being nothing but parts or portions of one entire inheritance: and if there were a hundred remainders, it would till be the ame thing; upon a principle grounded on mathematical truths that all the parts are equal, and no more than equal, to the whole. And hence alo it is eay to collect, that no remainder can be limited after the grant of an etate in fee-imple : becaue a fee-imple is the highet and larget etate, that a ubject is capable of enjoying; and he that is tenant in fee hath in him the whole of the etate: a remainder therefore, which is only a portion, or reiduary part, of the etate, cannot be reerved after the whole is dipoed of. A particular etate, with all the remain- Rh