26. The rights of the owner of a fee tail are the same as the rights of one owning a fee simple, except as to alienation.

As already seen, a tenant in tail can convey only an estate during his life; otherwise, the incidents of estates tail are the same as of those in fee simple.37 The tenant in tail is not liable for waste,38 and is not bound to pay off incumbrances or to keep down

Den v. Dubois, 16 N. J. Law, 285; Giddings v. Smith, 15 Vt 344; Pollock v. Speidel 17 Ohio St 439; 4 Kent Comm. 12; 1 Share. & B. Lead. Cas. Real Prop. 94. See Jewell v. Warner, 35 N. H. 176. But not in South Carolina. Murrell v. Mathews, 2 Bay (S. C.) 397; Wright v. Herron, 5 Rich. Eq. (S. C.) 441.

36 Allen v. Trustees, 102 Mass. 262; Potts' Appeal, 30 Pa. St 168; Tate v. Tally, 3 Call (Va.) 354; Doe v. Craigen, 8 Leigh (Va.) 449; Den v. Hyatt 1 Hawks (N. C.) 247; Covert v. Robinson, 46 Pa, St 274; Smith's Appeal, 23 Pa. St 9; Willis v. Bucher, 3 Wash. C. C. 369, Fed. Cas. No. 17.769; Albee v. Carpenter, 12 Cush. (Mass.) 382; Perry v. Kline, Id. 118; Parkman v. Bowdoin, 1 Sumn. 359, Fed. Cas. No. 10,763; Brown v. Weaver, 2S Ga. 377; Child v. Baylie, Cro. Jac. 459.

*Stockton v. Martin, 2 Bay (S. C.) 471; Albee v. Carpenter, 12 Cush. (Mass.) 382. But cf. Burkhart v. Bucher, 2 Bin. (Pa.) 455; Shoemaker v. Huff-nagle, 4 Watts & S. (Pa.) 437; Duer v. Boyd, 1 Serg. & R. (Pa.) 203. And see post P. 53.

37 Buxton v. Inhabitants of Uxbridge, 10 Metc. (Mass.) 87; Partridge v. Dorsey, 3 Har. & J. 302.

38 Hales v. Petit Plow. 253; Secheverel v. Dale, Poph. 193; Liford's Case, 11 Coke, 46b; Attorney General v. Marlborough, 3 Madd. 498. But he cannot authorize it after his death. Liford's Case, supra. What is meant by "'waste" will be treated of under "Life Estates," post p. 62. the interest on them.39 An estate tail is subject to dower40 and curtesy.41 But the doctrine of merger does not apply to estates tail. By merger, when a greater and a lesser estate come together in one person, the latter is destroyed by the former, and the owner has only the one estate left, thus sometimes cutting out rights which came between the two estates. But, if the tenant in tail becomes the owner of the reversion or the remainder in fee, his estates do not consolidate and shut out the issue in tail, or other remainders, if there are such.42