Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/177

 Ch. 11. ders expectant thereon, is only one fee-imple; as 40𝑙. is part of 100𝑙. and 60𝑙. is the remainder of it: wherefore, after a fee-imple once veted, there can no more be a remainder limited thereon, than after the whole 100𝑙. is appropriated there can be any reidue ubiting.

much being premied, we hall be the better enabled to comprehend the rules that are laid down by law to be oberved in the creation of remainders, and the reaons upon which thoe rules are founded.

1., firt, there mut necearily be ome particular etate, precedent to the etate in remainder. As, an etate for years to A, remainder to B for life; or, an etate for life to A, remainder to B in tail. This precedent etate is called the particular etate, as being only a mall part, or particula, of the inheritance; the reidue or remainder of which is granted over to another. The neceity of creating this preceding particular etate, in order to make a good remainder, aries from this plain reaon; that remainder is a relative expreion, and implies that ome part of the thing is previouly dipoed of: for, where the whole is conveyed at once, there cannot poibly exit a remainder; but the interet granted, whatever it be, will be an etate in poeion,

etate created to commence at a ditant period of time, without any intervening etate, is therefore properly no remainder: it is the whole of the gift, and not a reiduary part. And uch future etates can only be made of chattel interets, which were conidered in the light of mere contracts by the antient law, to be executed either now or hereafter, as the contracting parties hould agree: but an etate of freehold mut be created to commence immediately. For it is an antient rule of the common law, that no etate of freehold can be created to commence in futuro; but it ought to take effect preently either in poeion or remainder : becaue at common law no freehold in lands Rh