Sibility Of Issue Extinct

By this awkward, but perhaps necessary paraphrasis, justified by Sir William Blackstone, 2 Com. 124, is meant the estate which 1s thus described by Littleton, § 82: “ when tenements are given to a man and his wife in special tail, if one of them issue extinct.” This estate, though, strictly speaking, not more than an estate for life, partakes in some circumstances of the nature of an estate tail. For a tenant in tail after possibility of issue extinct, has eight qualities or privileges in common with a tenant in tail. 1. He is dispunishable for waste; 2, he is not compellable to attorn; 3, he shall not have aid of the person in reversion; 4, upon his alienation no writ of entry in consimila casu lies; 5, after his death, no writ of intrusion lies; 6, he may join the mise ina writ of right in a special manner; 7, in a precipe brought by him, he shall not name himself tenant for life; 8, ina precipe brought against him, he shall not be named barely tenant for life. There are however four qualities annexed to this estate, which prove it to be in fact only an estate for life. 1. If this tenant makes a feoffment in fee it is a forfeiture; 2, if an estate tail or in fee descends upon him, the estate tail after possibility of issue extinct is. merged; 3, if he is impleaded, and makes default, the person in reversion shall be received, as upon default of any other tenant for hfe; 4, an exchange between this tenant, and a bare tenant for life, is good; for, with respect to duration their estates are equal. Cruise, Dig. tit. 4; Tho. Co. Litt. B. 2, c. 17; Co. Litt. 28, a. Nothing but absolute impossibility of having issue can give rise to this estate. Thus if a person gives lands to a man and his wife, and to the heirs of their two bodies, and they live to a hundred years, without having issue, yet they are tenants in tail; for the law sees no impossibility of their having issue, until the death of one of them. Co. Litt. 28, a. See Tenant in tail after possihility of issue extinct. consequence of a lease of land made to him to hold at the will of the lessor. Co. Litt. sec. 68. Estates at will have become almost extinguished under the operation of judicial decisions. Where no certain term is agreed on, they are now construed to be tenancies from year to year, and each party is bound to give reasonable notice of an intention to terminate the estate. When the tenant holds over by consent given, either expressly or by implication, after the determination of a lease for years, it is held evidence of a new contract, without any definite period, and is construed to be a tenancy from year to year. 4 Kent, Com. 210; Cruise, Dig. tit. 9, c. 1.