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Tenendum

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

To be held; to hold. The initial word in that clause of deeds in Latin which was formerly used in expressing the tenure by which the estate granted was to be held; which clause is also called the tenendum. After the statute of quia emptores, by the operation of which all freehold tenures were converted into socage, the clause became useless, and was dropped, the distinguishing word, tenendum, however, being retained, and annexed to the habendum, which thenceforth read, habendum et tenendum, — to have and to hold, — the form followed, by translation into English, in modern conveyances. The tenendum was that formal part of a deed which was characterized by the words " to hold; " and was formerly used to express the tenure by which the estate granted was to be held. Since all freehold tenures have been converted into socage, the tenendum is of no further use, and is therefore wherein the tenure of the land is created and limited. The office of a tenendum in a deed is to limit and appoint the tenure of the land which is held, and how, and of whom it is to be held. Before the statute called quia emptores, the tenendum was usually of the feoffor and his heirs, and not of the chief lord of the fee, whereby lords lost their escheats, forfeitures, &c. But since that statute, the tenendum, where the fee-simple passes, must be of the chief lord of the fee, by the customs and services whereby the feoffor held; yet this statute does not extend to a gift in tail, for the donee shall hold of the donor. Jacob. TENET; TENUIT. He holds; he held. These words were formerly used in stating the tenure in a writ of waste, for waste committed during tenancy. The writ was said to be brought in the tenet, where the particular estate was still subsisting, and recovery of the land was sought; in the tenuit, where the estate had expired, and damages only were expected. Tenet may also mean a doctrine or article of faith; a position or precept of a creed.