Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/414

 398 have as abolute a property of uch things in action, as of things in poeion.

, having thus ditinguihed the different degree or quantity of dominion, or property to which things peronal are ubject, we may add a word or two concerning the time of their enjoyment, and the number of their owners; in conformity to the method before oberved in treating of the property of things real.

, as to the time of enjoyment. By the rules of the antient common law, there could be no future property, to take place in expectancy, created in peronal goods and chattels; becaue, being things tranitory, and by many accidents ubject to be lot, detroyed, or otherwie impaired, and the exigencies of trade requiring alo a frequent circulation thereof, it would occaion perpetual uits and quarrels, and put a top to the freedom of commerce, if uch limitations in remainder were generally tolerated and allowed. But yet in lat wills and tetaments uch limitations of peronal goods and chattels, in remainder after a bequet for life, were permitted : though originally that indulgence was only hewn, when merely the ue of the goods, and not the goods themelves, was given to the firt legatee ; the property being uppoed to continue all the time in the executor of the devior. But now that ditinction is diregarded : and therefore if a man either by deed or will limits his books or furniture to A for life, with remainder over to B, this remainder is good. But, where an etate-tail in things peronal is given to the firt or any ubequent poeor, it vets in him the total property, and no remainder over hall be permitted on uch a limitation. For this, if allowed, would tend to a perpetuity, as the deviee or grantee in tail of a chattel has no method of barring the entail; and therefore the law vets in him at once the entire dominion of the goods, being analogous to the fee-imple which a tenant in tail may acquire in a real etate. Rh