"In the same manner it is of the tenant in special tail, etc. For in every gift in tail without more saying, the reversion of the fee simple is in the donor.

"This is wrought by the construction of the statute of W. 2, cap. 1, which hath turned the fee-simple of the donee into a particular estate of inheritance, and the possibility of the donor, to a reversion in him expectant upon the estate tail, so as there be two inheritances of one land; yet this was doubted in our books, and there resolved according to Littleton. But I see no cause wherefore that point should be drawn in question, for at the same session of Parliament (in which the statute De donis conditionalibus was made), viz., cs. 3, it is expressly said, vel per donum in quo reservatur reversio, so as by the judgment of the same Parliament a reversion was settled in the donor."

"Tenant intail special is, where lands or tenements are given to a man and to his wife, and to the heirs of their two bodies begotten. In this case none shall inherit by force of this gift, but those that be engendered between them two. And it is called tail, because if the wife die, and he taketh another wife and have issue, the issue of the second wife shall not inherit by force of this gift, nor also the issue of the second husband, if the first husband die."

"Tenant in fee-tail after possibility of issue extinct is, where tenements are given to a man and to his wife in special tail, if one of them die without issue, the survivor is tenant in tail after possibility of issue extinct. And if they have issue, and the one die, albeit, that during the life of the issue the survivor shall not be said tenant in tail after possibility of issue extinct; yet if the issue die without issue, so as there be not any issue alive which may inherit by force of the tail, then the surviving party of the donees is tenant in tail after possibility of issue is extinct.

And note, that none can be tenant in tail after possibility of issue extinct, but one of the donees, or the donee in special tail. For the donee in general tail cannot be said to be a tenant in tail after possibility of issue extinct; because always during his life, he may by possibility have issue, which may inherit by force of the same intail. And so in the same manner the issue, which is heir to the donees in special tail, cannot be tenant in tail after possibility of issue extinct for the reason above said."