Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/179

 Ch. 11. made : or, if it be a chattel interet, though perhaps it might operate as a future contract, if the tenant for years be a party to the deed of creation, yet it is void by way of remainder: for it is a eparate independent contract, distinct from the precedent etate at will; and every remainder mut be part of one and the ame etate, out of which the preceding particular etate is taken. And hence it is generally true, that if the particular etate is void in it's creation, or by any means is defeated afterwards, the remainder upported thereby hall be defeated alo : as where the particular etate is an etate for the life of a peron not in ee ; or an etate for life upon condition, on breach of which condition the grantor enters and avoids the etate ; in either of thee caes the remainder over is void.

2. rule to be oberved is this; that the remainder mut commence or pas out of the grantor at the time of the creation of the particular etate. As, where there is an etate to A for life, with remainder to B in fee: here B's remainder in fee paes from the grantor at the ame time that eiin is delivered to A of his life etate in poeion. And it is this, which induces the neceity at common law of livery of eiin being made on the particular etate, whenever a freehold remainder is created. For, if it be limited even on an etate for years, it is neceary that the leee for years hould have livery of eiin, in order to convey the freehold from and out of the grantor; otherwie the remainder is void. Not that the livery is neceary to trengthen the etate for years; but, as livery of the land is requiite to convey the freehold, and yet cannot be given to him in remainder without infringing the poeion of the leee for years, therefore the law allows uch livery, made to the tenant of the particular etate, to relate and enure to him in remainder, as both are but one etate in law. Rh