Grant of all Goods will pafs all moveable and immoveable Goods, perfonal and real; as Horses, Beafts, Plate, Jewels, Houfhold-stuff, Money, Corn growing on the Ground, Obligations, and Bills; but not the Debts due on fuch Obli gations or Bills.

Grant of all Chattels paffes as much as all Goods, and alfo Leafes for Years, Rents, Statutes, &c. but no Freehold will pass thereby. Utenfils are only Houfhold-ftuff, and does not include Plate, Jewels, and the like.

Grant of a Man, and all his Right, Title and Intereft of and in the Land, paffes as much as he is able.

Grant of all Lands or Goods paffes only fuch Lands or Goods as the Grantor was poffeffed of at the Time of the Grant, and not what comes to him afterwards.

Grant of a Mannor or Lands in one Parish will not pass what may belong to it in other Parishes, but the Words cum pertinen', without naming in what Parishes, includes all belonging to it.

Grant of all Lands in the Occupation of any Perfon, paffes all in his Poffellion, whether he holds it by Right or Wrong.

A Grant of all Lands in a Parish mentioned to contain but Ten Acres, if the Land in Truth be Twenty Acres, there all will pafs, notwithftanding the Miftake in the Number of Acres.

As for the Exception, that must be out of the Exception, general Grant, and be of a particular Thing out of a general Thing; as if your Grant be of a Meffuage, then fay, Except fuch a Room, &c. or any other Part; but the Whole cannot be excepted, unless it be for Part of the Term, and then it cannot be done regularly neither.

All

All Exceptions must be certain and particular of Things feparable from the reft, and may be good in any Part of the Deed, tho' the ufual Place is juft following the Grant, and before the Habendum.

As in the Grant of a Principal, the Incident is implied; fo in the Exception of a Principal all Things incident or appendant to it are likewife implied: As by Exception of Trees, a Man has likewife Liberty to fell and cut them down, &c. without particular mention of it in the Deed.

Exception of Timber and Wood determines the Herbage and Soil in the fame Manner, as does the Grant of fuch Things.

Exception without a Term, or the Word Heirs, implies only for the Life of the Grantor, or during his Eftate; in like Manner as in Cafe of fuch a Grant.

Leffee for Life makes a Leafe for two Years, excepting the Woods, Underwoods and Trees, &c. it is a good Exception, though he had not any Interest in them, but as a Leffee, because he remains always Tenant, and is chargeable in Wafte; but if a Leffee for Years affigns over his Term, with fuch an Exception, it is void. Croke Fac. 296. Bacon and Kirling. Sanders's Cafe, 41 Eliz.

An Exception that croffeth a Grant is void. As if a Man bargain and fell all his Land (except fuch as he should after devife) the Exception is void. Hob. p. 53. Sir J. Shirley's Cafe.

An Exception out of an Exception may be good As if one lets a Rectory for Years, excepting the Manfion-Houfe of the Rectory, faving to the Leffee fuch a Chamber, it shall pafs; for it is an Exception out of an Exception, and a

Saving out of a Saving, makes it as if it had
never been excepted, and then it paffed by
Force of the Leafe at firft. Croke Eliz. 372.
Leigh and Shaw.

Exception must be of fuch a Thing as may be fevered from the Grant, as before is obferved; and therefore, if I let my Rectory, excepting the Glebe, it's a void Exception; fo a Leafe of a Mannor, excepting the Demefnes, is void for a Rectory cannot fubfift without Glebe, nor a Mannor without Demefnes. Wynch, p. 23. Maybye's Cafe.

The Habendum properly is placed next to the Habendum. Grant, but if it be placed any where else in the Deed it is good in Law; and this Part of the Deed is to limit the Certainty of the Estate.

And it doth fometimes qualify the general Implication of the Eftate, which by Conftruction and Intendment of Law paffeth in the Premiffes; and the Premiffes may be enlarged by the Habendum, but not abridg'd. Noy, p. 54.

The Habendum muft not be repugnant to the Premiffes; if it be, it is void, and the Deed will take Effect by the Premiffes; that is, the precedent Eftate given by the Premiffes fhall ftand, and the Eftate by the Habendum fhall be void; as where a Feoffinent is made to one and his Heirs by the Premiffes of the Deed, Habendum to him and his Heirs during the Life of another Perfon; or if the Feoffment be made to one and his Heirs by the Premiffes of the Deed, Habendum to the Leffee for the Term of his Life: Now thefe Words of Limitation during Life, as afore, faid, are void Words, because the Habendum is repugnant to the Premiffes. Landlord and Tenant, P. 139.

A

A Deed may be good, and an Eftate pafs by it without any Habendum at all; for if a Man grant by Deed Land to one, and his Heirs, this is a good Fee Simple.

And if one grant Land to another, and fay not for what Time, this is a good Eftate for Life of the Grantee, if duly executed with Livery of Seifin.

Although the Name of him that is to take by the Deed be not neceffary to be fet down again in the Habendum, if he be well named in the Premiffes of the Deed, yet it is best to infert him again here: So for the Term in a Lease for Years it is beft to fet down a certain Time for the Beginning and the End of it; and fo a certain Number of Years will be rightly understood : And if any Thing be excepted in the Grant it is neceffary to take Notice of it in the Habendam.

The Words, Heirs and Succeffors, in the Habendum, makes a Fee Simple, but not otherwise, unless it be to the King, where a Grant to him, and no more, creates a Fee Simple; but in any other Perfon it creates only an Eftate for Life.

If one give or grant Land to another, To hold to him and his Heirs, Males and Females, in both thefe Cafes there is a Fee Simple; but otherwise it is when thefe latter Words are in a Will, for then it is but an Estate in Tail only.

A Grant of Land, To hold to him and his right Heirs: If one make a Feoffment in Fee to the Ufe of himself for Life, and after his Death to the Ufe of his Heirs, in both thefe Cafes he has a Fee Simple: So if one grant Land to the Wife of A. B. to hold to her for Life, and after to A. B. in Tail, and after to the right Heirs of A. B. by this A. B. hath a Fee Simple.

If Lands be given or granted to a Man, To hold to him and to the Heirs of his Body, or the Heirs Male of his Body, or the Heirs Females of his Body, by this the Grantee hath an Estate Tail: So in Cafe of the Heirs, Males or Females, begotten on the Body of a Wife, or on the Bodies of both Husband and Wife, an Eftate Tail is created.

Lands given to a Man and his Wife, To bold to them and the Heirs Males or Females of their two Bodies begotten; by this they have both an Eftate Tail.

So if Lands be given to a young Man and Woman unmarried, To bold to them and the Heirs of their two Bodies; by this each of them hath an Estate Tail, and if they marry, their Heirs may inherit it. :

Lands given to a Wife, and the Heirs of her late Hufband begotten on her Body, and there be Son and Daughter; by this the Wife hath an Eftate for Life, and the Son an Estate in Tail, and if he die without Iffue, it will go to his Sifter per formam Doni.

Lands given to a Father, and the Heirs of his Son's Body, the Son being dead, the Heir hath an Eftate Tail, and the Father only an Eftate for Life.

Lands given to a Man and his Wife, and the Heirs of the Body of the Survivor of them; the Survivor, after the Death of the other, has an Estate Tail.

Lands granted to two Perfons, whether they be Kindred or not, and to the Heirs of their Bodies begotten; they have joint Estates for their Lives, and the Survivor will have the Whole. for his Life, and afterwards the Heirs of both have Eftates Tail, and will enjoy each their Moiety.

Lands