Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/184

 172 lar etate in poeion, ufficient to upport the remainders depending in contingency. This method is aid to have been invented by ir Orlando Bridgman, ir Geoffery Palmer, and other eminent council, who betook themelves to conveyancing during the time of the civil wars; in order thereby to ecure in family ettlements a proviion for the future children of an intended marriage, who before were uually left at the mercy of the particular tenant for life : and when, after the retoration, thoe gentlemen came to fill the firt offices of the law, they upported this invention within reaonable and proper bounds, and introduced it into general ue.

the tudent will oberve how much nicety is required in creating and ecuring a remainder; and I trut he will in ome meaure ee the general reaons, upon which this nicety is founded. It were endles to attempt to enter upon the particular ubtilties and refinements, into which this doctrine, by the variety of caes which have occurred in the coure of many centuries, has been pun out and ubdivided: neither are they cononant to the deign of thee elementary diquiitions. I mut not however omit, that in devies by lat will and tetament, (which, being often drawn up when the party is inops concilii, are always more favoured in contruction than formal deeds, which are preumed to be made with great caution, fore-thought, and advice) in thee devies, I ay, remainders may be created in ome meaure contrary to the rules before laid down: though our lawyers will not allow uch dipoitions to be trictly remainders; but call them by another name, that of executory devies, or devies hereafter to be executed.

executory devie of lands is uch a dipoition of them by will, that thereby no etate vets at the death of the devior, but only on ome future contingency. It differs from a remainder in three very material points: 1. That it needs not any particular Rh