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A. It was the name given to the conveyance of a feud to a tenant.
77. Explain livery of seisin ?
A. It was the formal delivery of possession of a freehold estate.
78. What is an estate of freehold?
A. “An estate of freehold is an estate in lands or other real property, held by a free tenure, for the life of the tenant or that of some other person; or for some uncertain period.” Bouvier Dict., Vol. 1, P. 1077.
79. What are the two classes of estates of freehold?
A. Freehold estates of inheritance, and freehold estates not of inheritance. Tiedeman, Sec. 26.
80. What is an estate of freehold of inheritance ?
A. One which descends by operation of law to the heirs, upon the death of the ancestor.
81. Mention the classes of freeholds of inheritance ? A. Absolute or fee simple, and limited. 82. What was an absolute or fee simple estate?
A. It was one where the tenant was in possession of lands, tenements or hereditaments to hold to him and his heirs forever, without mentioning what heirs and without any qualification whatever.
83. What is a limited fee?
A. It is an estate of inheritance annexed to which are certain conditions or qualifications.
84. What two classes of limited fees are there? A. Base or qualified fees; Conditional or fee tail. 85. What is a base or qualified fee?
A. It is one which has a qualification annexed to it and which must be determined whenever such qualification is at an end.
86. What is an estate in fee tail ?
A. It is an estate of inheritance which if left to itself will after the death of the first owner, pass to his lawful issue so long as that issue endures in the regular order of descent from such owner, and will terminate on the failure of such posterity. Tiffany, P. 53.
87. By what statute did the estate in fee tail come into existence?
A. The statute De Donis Conditionalibus.
88. What are the two classes of estates in fee tail? A. Estates tail general, and estates tail special.
89. What is an estate tail general ?
A. It is one "limited to the heirs of the body of the donee generally.” Tiffany, P. 53.
90. What are estates tail special?
A. They are such as are limited to the issue by a particular marriage.
91. What is the most usual form of creating a fee tail?
A. By conveyance or devise "to A and the heirs of his body.” Tiffany, P. 58.
92. Does conveyance to “A and his children” create an estate tail ?
A. No. Tiffany, P. 59.
93. Will a devise “To A and his issue” create an estate tail?
A. Yes, such a devise creates an estate tail, as the phrase "his issue" is considered to mean "heirs of his body.” Tiffany, P. 61.
94. What is necessary to create an estate in fee simple?
A. The word "heirs.” Tiffany, P. 43.
A. It is an estate which a man holds for his own life only, or for the life of another person. Tiedeman, Sec. 46.
96. What is an estate per autre vie?
A. It is an estate for the life of another. Tiedeman,
97. What is the peculiarity of an estate per autre vie?
A. It is a freehold but it is not an estate of inheritance. Tiedeman, Sec. 47.
98. Explain what is meant by cestui que vie?
A. It means the one whose life limits the duration of an estate per autre vie. Tiedeman, Sec. 46.
99. Can an alien inherit?
A. Upon the grounds of civil policy any person not owing allegiance is not allowed to inherit an estate, unless there be some statute providing that he may do so; there are some circumstances, where the doctrine of conversion applies, when an alien will be allowed to take, but what he takes is as personal property and not as real estate. (Craig vs. Leslie, 3 Wheaton. 563.
100. What is an attainder ?
A. The corruption of blood by reason of the commission of a treason or other felony so as to render the estate no longer inheritable.
101. What is the distinction between forfeiture because of attainder and escheat?
A. Forfeiture occurs only as a punishment for the commission of treason, a felony or a misdemeanor,
while an escheat occurs because of the failure of inheritable blood; in many instances the estate goes, whether by forfeiture or escheat, to the same person.
102. Define curtesy?
A. It is an estate of freehold “limited by operation of law to the husband for life in the hands and tenements of the wife in which she was seized of an estate of inheritance during coverture.” Tiedeman, Sec. 75.
103. What is necessary before an estate by the curtesy can be created ?
A. Issue born alive and capable of inheriting the estate. Tiedeman, Sec. 75.
104. What is dower?
A. Dower is the estate provided by the law which a widow has in the real property of her husband. Tiedeman, Sec. 85.
105. Generally speaking what proportion of the husband's realty does the widow get under her right of dower?
A. She gets one-third.
106. How may a wife release her right of dower during coverture?
A. By joining in a deed with her husband. Tiedeman, Sec. 85.