Special Occupant

When an estate Is granted to a man and his heirs during the life of cestui que vie, and the grantee die without alienation, and while the life for which he held continues, the heir will succeed, and is called a "special ' occupant." 2 Bl. Comm. 259. In the United States, the statute provisions of the different states vary considerably upon this subject. In New York and New Jersey, special occupancy is abolished. Virginia, and probably Maryland, follow the English statutes. In Massachusetts and other states, where the real and personal estates of intestates are distributed in the same way and manner, the question does not seem to be material. 4 Kent, Comm. 27.

When an estate is granted to a man and his heirs during the life of cestui que vie, and the grantee die without alienation, and while the life for which he held continues, the heir will succeed, and is called a special occupant. 2 Bla. Com. 259. In the United States the statute provisions of the different states vary considerably upon this subject. Iu New York and New Jersey, special occupancy is abolished. Virginia, and probably Maryland, follow the English statutes. In Massachusetts and other states, where the real and personal estates of intestates are distributed in the same way and manner, the question does not seem to.be material; 4 Kent 27.

A person baving a special right to enter upon and occupy lands granted pur autre vie, on the death of the tenant, and during the life of cestui que vie. Where the grant is to a man and his heirs during the life of cestui que me, the heir succeeds as special occupant, having a special exclusive right by the terms of the original grant. 2 Bl. Comm. 259; 1 Steph. Comm. 416.

Defined under Occupant in Black's Law Dictionary.