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A Particular Estate is such, as is derived from a general Estate, by separation of one from the other; As if a man seised in Fee simple of Lands, or Tene∣ments, doth thereof cheat by gift or grant an ••state Tayle, or by demise a Lease for life, or •…•…y estate for years, these are in the Donee, or ••easee. Particular Estates in possession derived ••nd separated from the Fee simple, in the De∣•…•…nor, or Leasor in Reversion.
Also if Lands be demised to A. for life, the remainder to B. and the Heires of his bo∣dy, the remainder to C. and his heires, the Estate for life limited to A. the Estate Tayle limited to B. are particular Estates derived ut supra, and separated in Interest from the Fee simple; the remainder given to C. albeit the same remainder doth depend upon those Particular Estates.
And of Particular Estates, some are created by agreement between the Parties; and the particular Estates before specified: And some by act of Law; as the state in Tayle apres possibility de issue extinct, Estates by the courtesie of England, Dower and Wardship for albeit an estate in Dower, be not com∣pleat untill it be assigned, which oftentime is done by assent and agreement between parties; yet because the partie that so assign¦eth the same, is compellable so to do by cours•• of Law, that Estate is also said to be create by Law; also an Estate at will is a kinde of particular Estate, but yet not such as maket•• any Division of the Estate of the Lessor, is sei¦sed, for notwithstanding such an Estate, the Lessor is seized of the Land in this Deme•…•…¦sure as for Fee in possession, and not in Re¦version.
Also an Estate at will is not such particular
Estate, whereupon a Remainder may de∣pend; But of all the Estates before mention∣ed, many fruitfull rules, and observations, are both generally, and particularly so lively set forth by the said Mr. Littleton in the 1, 2, 3, 4, 5, 6, 7, and 8. Chapters of his first Book, which is extant as wel in English as in French, whereunto I referr you.