In the illustrations of the rule above stated, the particular estate given to A, the ancestor, was an estate for life; but the rule applies where any other freehold estate is given to him, as an estate tail,46 an estate pur autre vie,47 or a life estate subject to a special limitation.48 It may be an estate given to two or more persons jointly, the remainder being in favor of their heirs or heirs of their bodies,49 or in favor of the heirs or heirs of the body of one of such persons.50

40. Id. 500.

41. Post Sec. 487.

42. Goodeve, Real Prop. (4th Ed.) p. 239; quoted 14 Law Quart. Rev. at p. 239. See 27 Harv. Law Rev. at p. 673.

43. As enumerated in Hayes, Limitations 52 et seq.

44. See Williams, Real Prop.

357 note.

45. Charles Sweet, Esq., note to Challis, Real Prop, at p. 167.

46. Litt. Sec. 719; Co. Litt. 376b; Gobdright v. Wright, 1 P. Wms. 397; 1 Preston, Estates, 313.

47. Fearne, Cont. Rem. 31; 1 Preston, Estates, 313.

Sec. 151] effect that the addition to the words "heirs" or "heirs of the body," of words of limitation, such as "and to their heirs" is not sufficient to overcome the presumption that the word "heirs" was used in its technical sense, and so to exclude the application of the rule.60 But it appears to be agreed that if the words of limitation inserted in the gift to the heirs or heirs of the body are such as to indicate a totally different line of succession, so as to be incapable of construction as meaning the heirs in succession of the heirs first named, the words "heirs" or "heirs of the body," first occurring will be regarded as words of purchase.61 As examples of such absolutely incongruous words of limitation may be mentioned the case of a devise to a man for life, remainder to his heirs and the heirs female of their bodies, or of a gift to a man for life, remainder to the male heirs of his body and their heirs female. And when the limitation by way of remainder is to the "heir" or "heir of the body," in the singular number, with certain words of limitation added, as in the case of a gift to a man for life, remainder to his heir male and to the male heirs of the body of such heir male, the word "heir" has been regarded as a word of purchase, so that the rule would not apply.62-63

Rights of Future Possession.

The estate of freehold given to the ancestor, though properly termed a particular estate as regards the limitation in favor of the heirs, may itself be an estate in remainder.50a Thus, in the case of the gift of an estate to A for life, remainder to B for life, remainder to the heirs of B, the rule will apply so as to give an estate in fee simple to B, subject to A's life estate.