The law has for many hundred years been the
same in this country; that, subject to the rule
which has been established for restraining the in-
definite postponement of the enjoyment of property,
called the rule against perpetnities, and also thatfor
preventing the accumulation of income, to which we
shall presently advert, it is competent for a person
to settle his estates by entail in any manner he
pleases.
It is true that the entail is liable to be put an
end to by any of the parties, who may become suc-
cessively entitled to the property and they may by
executing a particular sort of conveyance, prescribed
by law for that purpose, acquire the absolute right
to the property; but they are not compellel to do
so and the property may be enjoyed, as is frequen-
tly the case, for a great length of time under the
original entail, and as long as there are any chil-
dren or issue in existence of the person or persons
in whose favor the entail was created.
The rule against perpetuities is one which prohi-
bits any dispositions being made of property, which
will prevent its being sold or alienated heyord the
period of a life or lives in being and 24 years af-
terwards — We shall endeavour to illustrate this rnle
by one or two instances.
Lands may be devised in such a manner that the
devise may or may not take effect in certain con-
tingencies. As for instance land may be devised to
ÅA, but if he dies before 214 to B. But care must
be taken that the contingency shall happen within a
reasonable time, and the law will not allow such a
limitation of property as will render it unaiienable
for a longer period than a iife or lives in being and
twenty one years afterwards with the further allow-
ance, for the gestation of a child not born, of a
few months. — The reason of the rule is athat by
perpetuities (or the settlement of an interest which
shall go in the succession precribed without any
power of alienation) estates are made incapable of
answering those ends of social commerce and pro-
viding for the sudden contingencies of private life,
for which property was.at first establisbed.
Therefore a devise to such unborn son of a per-
son living as shall first attain the age of 94 years
is a good devise becaus2it comes within the rule
we have mentioned; — the utmost length of time
that can happen before the estate can vest, is the
tife in being and the subsequ ntinfaney of the son.
Subject to these restrictions the utmost limit of
alienation and entailment still exists.
In addition to the above rule against perpetuities,
there is also a statute which prohibits the aceumu-
lation of income of real or personal property beyond
the life of the grantor or setiler thereof and 24
years afterwards. This law was passed in the year
1800. x
o:ndly. A party is at liberty to distribute by will
all his property boih real and personal to persons and
in any manner he may think fit, subject to the a-
bove limitations; Exce-vti with regard to landed pro-
perty which cannot be devised for charitable pur-
poses, or to aliens, who are by our law incapacitated
to bold land until they have obtained letters of de-
nigation or been naturalised.
With regard to a person dying intestate, as a ge-
neral rule all his landed property will pass to his
eldest son, although there are descriptions of land
held by a different tenure, but these aro comparati-
vely few in number.
3:rdly. We have made inquiries relative to the pro-
portion of persons possessing property in this coun-
try who die intestate, to those who die having made
wills; and from the best information we are able te
obtain, we gather that the proportion of those whe
die without a will, is rather more than one fourth of
the whole number of persons who die leaving pre-
perty. — In the last year there were 7600 wills
proved in the prerogative Court of Canterbury and
about 3000 Letters of administration granted to the
effects of persons dying intestate.
We have endeavoured to answer your questions
as we have thought may be most useful to you,
And have the honor te be, My Lord
j Your faithful and obedient servants
Keasrey Hughes Thomas Masterman.