In the same land there may at the same time be an estate in possession, and one estate or several estates in remainder, and an estate in reversion.

When the estate in possession is determined, the estate in remainder, if there be any, otherwise the estate in reversion, will become an estate in possession, with priority as to the estates in remainder, when there are several, according to the order in which they are limited.

Remainders must always take effect in regular course and in succession, according to the order in which the remainders are limited, and without any interval: and no remainder can take effect in possession, otherwise than on the regular determination of the estate by which it is immediately preceded.

Whenever a remainder is to be accelerated, or take priority over a particular estate, this end must be accomplished under the learning For this of executory devises or shifting uses. purpose it is the executory devise, or shifting or springing use, and not the quality of the estate as a remainder, which produces the operation of the cesser of the particular estate, or the acceleration of the remainder.

Any other interest already created, or a new interest, might have been substituted, and with equal effect, instead of the remainder, in the place of the particular estate.

An interest in possession, and an interest in

:

remainder or reversion, are several parts of the same estate (h). When there are a particular estate and a remainder, the several limitations give distinct interests to the persons to whom

these limitations are made.

These interests (different as they are in their nature) and also a reversion, are, with reference to the person by whom the limitations are made, and the connection and relative situation of the tenants, several parts of the same estate.

Estates are said to be in remainder or reversion, according to the relative situation they bear to each other.

The interest which, as to one man, is an estate in remainder, may, as to another person, be an estate in reversion. Thus A leases to B for life, with remainder to C in fee, and C leases to D for life; the estate of C is still a remainder in reference to the estate of B. In reference to the estate of D it is a reversion.

So an estate which, as to one person, is an estate in possession or a particular estate, may, as to another person, be an estate in reversion ; and consequently there may be two reversions in the same land. As if A lease to B for life, B has the possession, and A the reversion, as between themselves; and if B lease to C, then, as between B and C, C has the possession, and B a reversion: hence the doctrine of privity of

estate.

When a person grants as much time as or

(h) 1 Inst. 143 a; 2 Black. Rep. 164.

more time than he has in the land, though he professes to make the grant by way of lease, the instrument will operate as an assignment (i).

So when there is an estate for life, with several limitations, giving concurrent or cotemporary fees, the latter to be substituted in the place of the former, in case the former shall not vest in interest, as in Loddington and Kime(k); the interest which passes by each of these limitations is a remainder as to the preceding particular estate, though the several fees are not remainders as to each other.

Again, these estates, with reference to one another, are said to be preceding or expectant and depending; mediate or intervening, and immediate, original or primitive, and not original or derivative.

An estate which gives the right of enjoyment at a time prior to another, is called a preceding estate, in reference to the more remote estate; because the latter estate is to give the right of enjoyment at some future time.

And when it is said that an estate is immediately preceding another, it must be understood that there is not any mediate or intervening

estate.

An estate which gives the right of enjoyment on the determination of a preceding estate, is, with reference to that estate, said to be ex

(i) 2 Convey. p. 124.

(k) 1 Lord Raym. 208; Southby v. Stonehouse, 2 Ves, 610; infra, ch. Fee.

Also, when tenant for life grants a rentcharge to another and his heirs generally (n), the grantee under the limitation would have a fee-simple, if the grantor had an interest sufficiently extensive to warrant an estate of that duration; but the estate of the grantee will continue only during the life-time of the grantor, unless the grant be confirmed by the reversioner or remainder-man. The interest which the grantee has, does, as to himself and all persons claiming under him, partake of the nature, and has all the qualities of a fee-simple, sed quære, till it is determined by the death of the tenant for life. It may therefore be confirmed as a grant in fee. If there be a fee before confirmation, it arises from the learning of estoppels, and is one of the anomalies of the law.

And it may be concluded to be a general rule, that an estate of a freehold interest cannot arise out of an estate of a chattel quality (o).

In some cases, as will appear under the chapter on Estates for Years, such construction will be made as will give effect to the intention, as near as may be but a rent granted for an estate of freehold, cannot issue out of lands held for years, though the charge be on some lands held for an estate of freehold, and on other lands held for a term of years. For one entire rent cannot be a freehold out of Blackacre (in which there is an estate of freehold), and a chattel (n) 1 Inst. 301 a; 1 Rep. 147.

(0) Butt's case, 7 Rep. 25; 2 Abstr. 1.

out of Whiteacre (in which there is an estate of a chattel quality); but there will be a freehold estate in the rent; and the lands held for the chattel interest may be charged with a distress for the rent, though they cannot be charged with the rent itself (p).

The remedy by assize for recovery of rents induced this consequence.

In practice, this difficulty is avoided, by granting the rent-charge out of the freehold land, and demising the freehold land, and demising or assigning the leasehold lands for a term of years, upon trusts for securing the annuity; or by granting the annuity for years, to be issuing out of the freehold and leasehold lands; and, to avoid the question, whether a rent-charge for life can be transmissible to executors and administrators, the practice of granting rent-charges, even out of freehold lands for years determinable on lives, instead of granting them for the lives, is become very general.

An absolute estate (q) is an interest not subject to any qualification or collateral determination by which it may be determined, or condition by which it may be defeated.

An estate of this quality will, in point of duration, continue to the utmost period of time to which it is extended by the limitation or gift. An absolute estate depends wholly on the words of direct limitation. The epithet absolute, is used to distinguish an estate extended (P) 7 Rep. 25. (q) 1 Inst. 1 b.