28. When there is a tenant in special tail, and it has become impossible for him to have issue who can inherit under the entail, he is called "tenant in tail after possibility of issue extinct."

If one is tenant in tail, and it has become impossible that there shall be issue who can inherit, he is called "tenant in tail after possibility of issue extinct." This condition can only arise in estates in special tail, as where the limitation is to "A. and his heirs begotten on the body of his wife, B.," and B. dies without issue.51 The presumption that the possibility of issue is extinct never arises from the great age of the parties, and so there can never be a tenant in tail after possibility of issue extinct in case of an estate in general tail.52 The position of a tenant in tail after possibility of issue extinct is in some respects different from that of a tenant in tail. He cannot bar the entail, but the doctrine of merger applies.53 Such a tenant is not punishable for waste,54