Sec. 30. Succession on death of tenant
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This section is from the book "The Law Of Real Property and Other Interests In Land", by Herbert Thorn Dike Tiffany. Also available from Amazon: A Treatise on the Modern Law of Real Property and Other Interests in Land .
Sec. 30. Succession on death of tenant
On the death of a tenant in tail, the land passes to the next heir of the body of the original donee; but such heir, though he takes because he is the heir of the body, takes not by descent, but as a substituted purchaser from the original donor, per formam doni, as it is expressed.19 As a result of this principle, the heir is not bound by contracts in regard to the property made by a previous tenant, whether the original donee or another, as he would be if he took by descent.20 Furthermore, since the estate does not pass by descent, it would seem that a general statutory change of the course of descent should not affect the succession to this particular estate, since it could only have such effect by altering the well underthe entail. In re Reeves, 10 Del. Ch. 483, 94 Atl. 511.
16. See post, Sec. 280.
17. Challis, Real Prop. 93; 2 Blackst. Comm. 178.
18. 1 Cruise's Dig. tit. 2, c. 1, Sec.Sec. 40-42; 1 Sharswood & B. Lead. Cas. Real Prop. 103.
19. The heir claims "by substitutional gift, and not by right of descent." Leake, Prop. in Land 63. See, also, Challis Real Prop. 244, 266; 1 Cruise's Dig. tit. 2, c. 2, Sec. 18; Jones v. Jones, 2 Har. & J. (Md.) 281.
20. 1 Cruise's Dig. tit. 2, c. 2, Sec.Sec.18-26; Partridge v. Dorsey's Lessee, 3 Har. & J. (Md.) 302; Posey's Lessee v. Budd, 21 Md. 477.
[Sec. 31 stood meaning of the term "heirs of the body," or similar expressions used to create the estate, and accordingly the statutory changes of the common-law rules of descent have been held not to apply to this estate.21
I (C) Life Estate.
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