Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/185

 Ch. 11. etate to upport it. 2. That by it a fee-imple or other les etate, may be limited after a fee-imple. 3. That by this means a remainder may be limited of a chattel interet, after a particular etate for life created in the ame.

1. firt cae happens when a man devies a future etate, to arie upon a contingency; and, till that contingency happens, does not dipoe of the fee-imple, but leaves it to decend to his heir at law. As if one devies land to a feme-ole and her heirs, upon her day of marriage: here is in effect a contingent remainder without any particular etate to upport it; a freehold commencing in futuro. This limitation, though it would be void in a deed, yet is good in a will, by way of executory devie. For, ince by a devie a freehold may pas without corporal tradition or livery of eiin, (as it mut do, if it paes at all) therefore it may commence in futuro; becaue the principal reaon why it cannot commence in futuro in other caes, is the neceity of actual eiin, which always operates in praeenti. And, ince it may thus commence in futuro, there is no need of a particular etate to upport it; the only ue of which is to make the remainder, by it's unity with the particular etate, a preent interet. And hence alo it follows, that uch an executory devie, not being a preent interet, cannot be barred by a recovery, uffered before it commences.

2. executory devie a fee, or other les etate, may be limited after a fee. And this happens where a devior devies his whole etate in fee, but limits a remainder thereon to commence on a future contingency. As if a man devies land to A and his heirs; but, if he dies before the age of twenty one, then to B and his heirs; this remainder, though void in a deed, is good by way of executory devie. But, in both thee pecies of executory devies, the contingencies ought to be uch as may happen within a reaonable time; as within one or more life or lives in being, or within Rh