The persona which we are seeking to define is the estate. Every
fee is a distinct persona, a distinct hereditas, or inheritance,
as it has been called since the time of Bracton. We have already
seen that it may be sustained by more [352] than one where there
are several heirs, as well as by one, just as a corporation may
have more or less members. But not only may it be divided
lengthwise, so to speak, among persons interested in the same way
at the same time: it may also be cut across into successive
interests, to be enjoyed one after another. In technical
language, it may be divided into a particular estate and
remainders. But they are all parts of the same fee, and the same
fiction still governs them. We read in an old case that "he in
reversion and particular tenant are but one tenant." /1/ This is
only a statement of counsel, to be sure; but it is made to
account for a doctrine which seems to need the explanation, to
the effect that, after the death of the tenant for life, he in
reversion might have error or attaint on an erroneous judgment or
false verdict given against the tenant for life. /2/
To sum up the results so far, the heir of modern English law gets
his characteristic features from the law as it stood soon after
the Conquest. At that time he was a universal successor in a very
broad sense. Many of his functions as such were soon transferred
to the executor. The heir's rights became confined to real
estate, and his liabilities to those connected with real estate,
and to obligations of his ancestor expressly binding him. The
succession to each fee or feudal inheritance is distinct, not
part of the sum of all the ancestor's rights regarded as one
whole. But to this day the executor in his sphere, and the heir
in his, represent the person of the deceased, and are treated as
if they were one with him, for the purpose of settling their
rights and obligations.
Public-domain text, read in full here on John Shaqi.
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