Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/314

 298 the courts of law to determine. For it is not abolutely neceary in law, to have all the formal parts that are uually drawn out in deeds, o as there be ufficient words to declare clearly and legally the party's meaning. But, as thee formal and orderly parts are calculated to convey that meaning in the clearet, ditinctet, and mot effectual manner, and have been well conidered and ettled by the widom of ucceive ages, it is prudent not to depart from them without good reaon or urgent neceity; and therefore I will here mention them in their uual order.

1. premies may be ued to et forth the number and names of the parties, with their additions or titles. They alo contain the recital, if any, of uch deeds, agreements, or matters of fact, as are neceary to explain the reaons upon which the preent tranaction is founded: and herein alo is et down the conideration upon which the deed is made. And then follows the certainty of the grantor, grantee, and thing granted.

2, 3. come the habendum and tenendum. The office of the habendum is properly to determine what etate or interet is granted by the deed: though this may be performed, and ometimes is performed, in the premies. In which cae the habendum may leen, enlarge, explain, or qualify, but not totally contradict or be repugnant to, the etate granted in the premies. As if a grant be "to A and the heirs of his body," in the premies, habendum "to him and his heirs for ever," or vice vera, here A has an etate-tail, and a fee-imple expectant thereon. But, had it been in the premies "to him and his heirs," habendum "to him for life," the habendum would be utterly void ; for an etate of inheritance is veted in him before the habendum comes, and hall not afterwards be taken away, or deveted, by it. The tenendum, "and to hold," is now of very little ue, and is only kept in by cutom. It was ometimes formerly ued to ignify the Rh