2. An estate tail will not merge into a fee simple, for this would defeat the intention of De Donis.

3. A base fee will enlarge, not merge, into a fee simple, by 3 & 4 Will. IV. c. 74, s. 39.

4. Tithes do not merge of their own accord when the land and the tithes are united in the same person; neither does a franchise.

5. Easements do not merge on the union of the dominant and servient tenement, if

(1) They are easements of necessity; as a right of
way which is the only access to the land.

(2) If apparent and continuous, as air and light.

ments.

Emblements are fruits of the earth reared by the toil of Embleman, and mean the right to reap what one has sown. The tenant for life is entitled to the crops, unless his tenancy determines by his own act; and his representatives have this right on his death, for actus Dei facit nemini injuriam. Emblements do not include things of spontaneous growth, such as grass and clover.

for

pur autre

If A, tenant for life, grants to B, B will have a life 2. Estates estate if A survives him. This is smaller than an estate another's for a man's own life, for it may, coming to an end by the life,death of A, determine before B's death, while on the other vie. hand it cannot last longer (but see "General Occupancy,' post, Pt. 2, c. 8).

II. Legal.-Dower and curtesy and the right of the husband to receive the rents and profits of his wife's land during the coverture, are instances of these; they are created by act of law, and not by act of party, and sometimes, as in gavelkind lands, determine on re-marriage. The law permits no waste in these cases.

(II.) Life estates by act of law.

Previously to the Dower Act the widow was entitled to Requisites dower out of all the lands of which the husband was,

1. Solely seised of an estate of inheritance,

for dower.

2. In possession1 at any time,

3. During the coverture,2 and which

4. Any issue she might have had would have inherited, therefore the second wife would not have been

entitled to dower out of lands which were given

to the husband and his first wife in special tail.

5. The husband being dead;

The seisin in law of the husband was sufficient to entitle her to it, for she could not compel him to become seised in deed. It consisted of a life estate in a third of the property, and attached to all lands of the husband, excepting

1. Equitable estates.

2. When by the conveyance of exchange the husband
took a new estate. Here she was put to her
election; this being one of the few cases in
which courts of law recognized that doctrine.
3. When the estate only remained in the husband
for an instant; e. g., if it was conveyed to him
by a Recovery or Fine, and he immediately re-
conveyed, the whole proceeding was considered
in transitu.

It also attached to several incorporeal hereditaments, as advowsons, titles, tithes, and rents. (Co. Litt. 32d.)

[As it was impossible for the husband to dispose of his estates free from dower, plans were invented to elude the law. The most ancient method on a purchase by the husband of an estate was to convey to the husband and his heirs to the use of the husband and a trustee and the heirs of the husband, at the same time declaring the trustee's estate to be only in trust for the husband and his heirs; the husband was seised jointly, and there was no dower unless the trustee happened to die. The next plan, uses to bar dower, defeated dower entirely. A power of appoint

1 See note on p. 38.

2 Coverture is terminated by divorce, even though the wife is

petitioner. Frampton v. Stephens, 21 Ch. D. 164.

ment was given to the husband (the purchaser), and in default of and until appointment, to the husband for life, and after any premature determination of his estate by forfeiture, surrender or merger, to a trustee and his heirs during the husband's life, remainder to the heirs and assigns of the husband for ever. The husband can never have an estate of inheritance in possession in this case, for the estate of the trustee obstructs the union of his life estate and the fee simple. Thirdly, a satisfied term attendant on the inheritance postponed dower till the term's expiration before the Satisfied Terms Act, 8 & 9 Vict. c. 112. Fourthly, jointure was an absolute bar if made before marriage, but if made after, the widow might elect. Before the Statute of Uses there was no dower or curtesy of a use, and it was therefore customary to settle some joint estate on the husband and wife for their lives.] By the Statute of Uses legal jointures were permitted, and a jointure to bar dower must be made

1. To take effect immediately on the death of her husband.

2. For her own life at least-nothing less.

3. For herself, and not to anyone in trust for her.
4. In satisfaction of her whole, and not a portion of

her dower.

Dower is more advantageous than jointure, in that it is not liable to tolls or taxes, nor even a debt due to the crown from the husband.

But jointure, on the other hand, is obtained at once; whereas dower has to be assigned. It was not forfeited for treason, like dower.

Since 3 & 4 Will. IV. c. 105, the widow's claim to dower is of a somewhat precarious nature; for any charge made by the husband, or any declaration by will or deed, will deprive her of it. In fact, she can only claim it against the heir on intestacy, and it therefore has become a portion

Curtesy.

Requisite

for cur

tesy.

(III.) Life

of the law of inheritance. But the Act extends it to lands to which he has a right, but not seisin, and also to equitable estates, but not to copyholds. Marriage settlements have for centuries past usually provided for the widow, and so the Act is not likely to work any injustice.

An estate by the curtesy of England is a life estate which is given to the husband out of his wife's estates of inheritance, of which she was,

1. Seised solely, or as coparcener or tenant in common -in deed (seisin in law not being sufficient as in dower, as he could have compelled her to become seised in deed).

2. In possession.1

3. There having been issue born alive during the marriage, and capable of inheriting.

4. The marriage having been legal, and not avoided by a divorce.

5. The wife being dead.

Curtesy extends to equitable2 as well as legal estates. estates by In gavelkind lands, it extends to half the land, and ceases tion of if he marries again. In copyholds, it only exists if there is a special custom.

implica

law.

Gardner

If there is a devise to the testator's heir after the death .Sheldon, of a third person and no residuary devise, such third Conv. Cas. person is said to have a life estate by implication of law.

Tud.

1 There is curtesy and also dower, however, of a reversion expectant on a term for years, because the wife is seised of the immediate freehold. Co. Litt. 29d.

2 Decisions have varied as to whether it extends to property to which the wife is entitled for her separate use, but the ques

tion may now be considered as decided in the affirmative by Eager v. Furnivall, L. R. 17 Ch. D. 115, where A, who died in 1875, by his will, in 1872, gave freeholds to his daughter in fee to her separate use. She died in 1874, leaving her husband and a child surviving. Held, he was tenant by the curtesy.

ment of

Acts have been passed in the present reign to facilitate Improvelimited owners raising money to improve the settled lands, land. and to make the repayment a charge on the land. Thus by the Public Money Draining Acts (9 & 10 Vict. c. 101, and others), advances may be obtained from Government for draining, repayable by equal annual instalments not less than 12 or more than 18 in number, or in the case of buildings, not less than 15 or more than 25, such money with interest at 5 per cent. to be charged on the land.

By the Improvement of Land Act, 1864 (27 & 28 Vict. c. 114), repealing the Private Money Drainage Act, 1849, money may be raised by way of rent-charge charged on the inheritance at 5 per cent. or less, repayable in 25 years-for draining, irrigating, clearing, reclaiming, planting, inclosing, constructing buildings or landingplaces, or otherwise, as laid down in the Act. The application is made to the Land Commissioners, who may require security and cause the matter to be investigated and notices to be given.

By the Limited Owners Residence Act, 1870 (33 & 34 Vict. c. 56), and the Amending Act, 1871 (34 & 35 Vict. c. 84), the above is extended to the building and repairing of mansions as residences for themselves, but the sum charged must not exceed 2 years' net rental of the inheritance.

By the Limited Owners Reservoirs Act, 1877 (40 & 41 Vict. c. 31), the erection of reservoirs and other works is included.

The Settled Land Act, 1882.

Settled

45 & 46

The limited compass within which it is desired to con- The tinue each new edition of this work compels the remarks Land Act, on this most important Act to be confined to its leading 1882, features only. It appears framed to give to the owner of Vict. c. 38. an estate for the time being all the powers of dealing with the land which a prudent owner would desire to exercise. It makes compulsory-provisions which have been for a long