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Some will have an Heir so called, quia haeret in haereditate, or quia haeret in se haereditas, but to let such conceits of witty invention pass, it is certain, that an Heir is so called from the Latin word Haeres.
Littleton in his Chap. of Fee-simple saith, that these words (his Heirs) onely make the estate of inheritance in all Feoffaments,
and Grants, &c. Sure then it is necessary for him that purchaseth Lands, &c. in Fee sim∣ple, to have the Feoffament run to himself & haeredibus suis, for if it run onely to him∣self, & assignatis suis, although livery and seisin be made accordingly, and agreeable to the deed; yet thereby onely an estate for life shall pass, because there wanteth words of Inheritance: and without livery and seisin in the case aforesaid, onely an Estate at Will shall pass. And the reason why the Law is so strict in this thing (as in many others) for to prescribe and appoint such certain words to create and make an estate of inheritance, is, as Master Plowden saith in his Commentaries, for the eschewing and avoiding of incertain∣ty, the very Fountain and spring, from whence floweth all manner of confusion and disorder, which the Law utterly contemneth and abhorreth; what herein hath been said, is to be apprehended and understood of per∣sons in, and according to their natural capa∣cities. Yet perhaps an estate of inheritance may sometime pass in a Deed of Feoffament, by words, which may have reference, and will relate to a certainty, for Certum-est quod certum reddi potest: as for example, You En∣feoffe me and my Heirs of a certain piece of Land, to hold to me, & my Heirs, &c. and I re∣enfeoffe
you, in as large, ample, and benefici∣all manner, as you enfeoffed me: in this case (they say) you have a Fee simple for the rea∣son above expressed. So I come next to see what observations the Deed of Feoffament further affordeth.