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Rights of a Tenant in Tail


RIGHTS OF A TENANT IN TAIL. The tenant in tail could cut down timber and commit waste, without first barring the entail. He was also allowed by statute to make leases of the land, not to exceed twenty-one years, or three lives, from the day of making thereof, and the accustomed yearly rent had to be reserved. By statute, and otherwise, in England, estates tail are chargeable with the judgments for debts owing by the tenant in tail, and may also be disposed of in bankruptcy pro ceedings against the tenant in tail.

As estate tail will descend if not barred to the issue of the donee, in due course of law, and in general the same as an estate in fee simple descends, as will here after be explained. Such estates are subject to the reciprocal claims of husband and wife in each other's property, as will also be hereafter explained.