will determine as soon as the event arises, and it never can be revived." 4 Kent, 129, and cases cited.—Per Strong, J., in Leonard v. Burr (1858).

MASS. PUB. STAT., 121, § 1. When land is demised for the term of one hundred years or more, the term shall, so long as fifty years thereof remain unexpired, be regarded as an estate in fee simple as to everything concerning the descent and devise thereof upon the decease of the owner, the right of dower therein, the estate in lieu of dower, the sale thereof by executors, administrators, guardians, or trustees, the levying of executions thereon, and the redemption thereof when mortgaged or when taken on execution; and whoever holds as lessee or assignee under such a lease shall, so long as fifty years of the term are unexpired, be regarded as a freeholder for all purposes.

(c) Creation of Fee Simple.

LIT., § I. For if a man would purchase lands or tenements in fee simple, it behooveth him to have these words in his purchase, To have and to hold to him and to his heires; for these words (his heires) make the estate of inheritance. For if a man purchase lands by these words, To have and to hold forever; or by these words, To have and to hold to him and his assignes forever: in these two cases he hath but an estate for term of life, for that there lacke these words (his heires), which words onely make an estate of inheritance in all feoffments and grants.

Co. LIT., 8, b. And it is to be observed, that every word of Littleton is worthy of observation. First (Heires) in the plurall number; for if a man give land to a man and to his heire in the singular number, he hath but an estate for life, for his heire cannot take a fee simple by descent, because he is but one, and therefore in that case his heire shall take

nothing. Also observable is this conjunctive (et). For if a man give lands to one, To have and to hold to him or his heires, he hath but an estate for life, for the uncertaintie (ses, suis). If a man give land unto two, To have and to hold to them two et haeredibus, omitting suis, they have but an estate for life, for the uncertainty; whereof more hereafter in this Section. But it is said, if land be given to one man et haeredibus, omitting suis, that notwithstanding a fee simple passeth; but it is safe to follow Littleton. Here Littleton treateth of purchases by naturall persons, and not of bodies politique or corporate; for if lands be given to a sole body politique or corporate, (as to a bishop, parson, vicar, master of an hospital, etc.,) there to give him. an estate of inheritance, in his politique or corporate capacitie, he must have these words, To have and to hold to him and his successors; for without these words successors, in those cases there passeth no inheritance; for as an heire doth inherit to the ancestor, so the successor doth succeed to the predecessor, and the executor to the testator. But it appeareth here by Littleton, that if a man at this day give lands to I. S. and his successors, this createth no fee simple in him; for Littleton, speaking of naturall persons, saith that these words (his heires) make an estate of inheritance in all feoffments and grants, whereby he excludeth these words (his successors).

9, a. These words (his heires) doe not onely extend to his immediate heires, but to his heires remote and most remote, borne and to be borne, sub quibus vocabulis (haeredibus suis) omnes haeredes propinqui comprehenduntur, et remoti, nati, et nascituri. And haeredum appellatione veniunt haeredes haeredum in infinitum. And the reason wherefore the law is so precise to prescribe certaine words to create an estate of inheritance, is for avoiding of uncertainty, the mother of contention and confusion.

9, b. And here it is to be observed (that I may speak once for all), that every period of our author in all his three books containes matter of excellent learning, necessarily to

be collected by implication, or consequence. For example he saith here, that these words (his heires) make an estate of inheritance in all feoffments and grants. He expressing. feoffments and grants necessarily implieth that this rule extendeth not,

First, to last wills and testaments; for thereby, as he himselfe after saith, an estate of inheritance may passe without these words (his heires). As if a man devise twenty acres to another, and that he shall pay to his executors for the same ten pound, hereby the devisee hath a fee simple by the intent of the devisor, albeit it be not the value of the land. So it is if a man devise lands to a man in perpetuum, or to give and to sell, or in feodo simplici, or to him and to his assigns for ever. In these cases a fee simple doth passe by the intent of the devisor. But if the devise be to a man and his assigns without saying (for ever), the devisee hath but an estate for life. If a man devise land to a man et sanguini suo, that is a fee simple, but if it be semini suo, it is an estate taile.

Secondly, that it extendeth not to a fine sur conusans de droit come ceo il ad de son done, by which a fee also may passe without this word (heires) in respect of the height of that fine, and that thereby is implyed that there was a precedent gift in fee.

Thirdly, nor to certain releases, and that three manner of waies. First, when an estate of inheritance passeth and continueth; as if there be three coparceners or joyntenants, and one of them release to the other two, or to one of them generally without this word (heirs), by Littleton's own opinion they have a fee simple, as appeareth hereafter. 2. By release, when an estate of inheritance passeth and continueth not, but is extinguished; as where the lord releaseth to the tenant, or the grantee of a rent, etc., release to the tenant of the land generally all his right, etc., hereby the seigniory, rent, etc., are extinguished for ever, without these words (heires). 3. When a bare right is released, as when the disseisee release to the disseisor all his right, he need not

(saith our author in another place) speake of his heires. But of all these and the like cases, more shall be treated in their proper places. 4. Nor to a recovery. A. seised of land suffereth B. to recover the land against him by a common recovery, where the judgment is, quod praedictus B., recuperet versus praed A. tenementa praedicta cum pertin; yet B. recovereth a fee-simple without this word (heires); for regularly every recoveror recovereth a fee simple. 5. Nor to a creation of nobilitie by writ, for when a man is called to the upper house of Parliament by writ, he is a baron and hath inheritance therein without the word (heires). IO, a. And this rule of our author extendeth to the passing of estates of inheritances in exchanges, releases, or confirmations that enure by way of enlargement of estates, warranties, bargaine and sales by deed indented and inrolled, and the like, in which this word (heires) is also necessary; for they do tantamount to a feoffment or grant, or stand upon the same reason that a feoffment or grant doth; for like reason doth make like law, ubi eadem ratio, ibi idem jus. And this is to be observed throughout all these three books, that where other cases fall within the same reason, our author doth put his case but for example; for so our author himselfe in another place1 explaneth it, saying, et memorandum que en touts auters (tiels) cases, coment que ne sont icy expressment moves et specifies, si sont en semblable reason sont en semblable ley.

2 BL. COM., 107-109. The word "heirs" is necessary in the grant or donation, in order to make a fee, or inheritance. For if land be given to a man for ever, or to him and his assigns for ever, this vests in him but an estate for life. This very great nicety about the insertion of the word "heirs," in all feoffments and grants, in order to vest a fee, is plainly a relic of the feodal strictness; by which we may remember it was required that the form of the donation

1 Sec. 301.

should be punctually pursued; or that, as Cragg expresses it in the words of Baldus, "donationes sint stricti juris, ne quis plus donasse praesumatur quam in donatione expresserit." And therefore, as the personal abilities of the donee were originally supposed to be the only inducements to the gift, the donee's estate in the land extended only to his own person, and subsisted no longer than his life; unless the donor, by an express provision in the grant, gave it a longer continuance, and extended it also to his heirs. But this rule is now softened by many exceptions.

For, 1. It does not extend to devises by will; in which, as they were introduced at the time when the feodal rigour was apace wearing out, a more liberal construction is allowed; and therefore by a devise to a man for ever, or to one and his assigns for ever, or to one in fee-simple, the devisee hath an estate of inheritance; for the intention of the devisor is sufficiently plain from the words of perpetuity annexed, though he hath omitted the legal words of inheritance. But if the devise be to a man and his assigns, without annexing words of perpetuity, there the devisee shall take only an estate for life; for it does not appear that the devisor intended any more. 2. Neither does this rule extend to fines or recoveries considered as a species of conveyance; for thereby an estate in fee passes by act and operation of law without the word "heirs," as it does also, for particular reasons, by certain other methods of conveyance, which have relation to a former grant or estate, wherein the word "heirs" was expressed. 3. In creations of nobility by writ, the peer so created hath an inheritance in his title, without expressing the word "heirs;" for heirship is implied in the creation, unless it be otherwise specially provided; but in creations by patent, which are stricti juris, the word "heirs" must be inserted, otherwise there is no inheritance. 4. In grants of lands to sole corporations and their successors, the word "successors" supplies the place of "heirs;" for as heirs take from the ancestor, so doth the successor from the predecessor. Nay, in a grant to a bishop or other sole spiritual