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T.
TAILE.
TAile. An estate Tail, it cometh of the French word Tailler, to cut, Lit. l. 1. At the Common Law, before the Statute, De* 1.1 donis conditionalibus, the Donor and Donee had possibility, the Donor of reverter, if the Donee dyed without issue male, and the Donee to have power to alien, if he had issue male▪ potestatem alie∣nandi post prolem suscitatam. Then he had full and absolute fee-simple to three purposes:
- 1. To alien.
- 2. To forfeit by attainder of Felony.
- 3. To charge with rent common, &c. a woman being Tenant imspecial tail to her, and her first Hus∣band, after issue had by her first, she had full fee∣simple* 1.2 to make the same Land descend to any of her issues by any other Husband.
An annuity at this day is not within the Statute De donis conditionalibus, because it is nec terre, nec tenement, nor exercisable within Land Tenement, nor concerning land, but onely a meer personall hereditament.
To estate tail, it is requisite, that the Heirs be* 1.3 limited to be procreate of some body in certain, either by express words, or by words equivalent; for the precise words, D•• corpore, are not al∣waies necessary to the creation of an estate tail.
If Land be given by Deed to I. S. Et si contin∣gat* 1.4 ipsum abire sine hae••ede de corpore suo, quod