Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/178

 166 could pas without livery of eiin; which mut operate either immediately, or not at all. It would therefore be contradictory, if an etate, which is not to commence till hereafter, could be granted by a conveyance which imports an immediate poeion. Therefore, though a leae to A for even years, to commence from next Michaelmas, is good; yet a conveyance to B of lands, to hold to him and his heirs for ever from the end of three years next enuing, is void. So that when it is intended to grant an etate of freehold, whereof the enjoyment hall be deferred till a future time, it is neceary to create a previous particular etate, which may ubit till that period of time is completed; and for the grantor to deliver immediate poeion of the land to the tenant of this particular etate, which is contrued to be giving poeion to him in remainder, ince his etate and that of the particular tenant are one and the ame etate in law. As, where one leaes to A for three years, with remainder to B in fee, and makes livery of eiin to A; here by the livery the freehold is immediately created, and veted in B, during the continuance of A's term of years. The whole etate paes at once from the grantor to the grantees, and the remainder-man is eied of his remainder at the ame time that the termor is poeed of his term. The enjoyment of it mut indeed be deferred till hereafter; but it is to all intents and purpoes an etate commencing in praeenti, though to be occupied and enjoyed in futuro.

no remainder can be created, without uch a precedent particular etate, therefore the particular etate is aid to upport the remainder. But a leae at will is not held to be uch a particular etate, as will upport a remainder over. For an etate at will is of a nature o lender and precarious, that it is not looked upon as a portion of the inheritance; and a portion mut firt be taken out of it, in order to contitute a remainder. Beides, if it be a freehold remainder, livery of eiin mut be given at the time of it's creation; and the entry of the grantor, to do this, determines the etate at will in the very intant in which it is Rh