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the Rule Does Not Apply Where the New Estate Inheritance Is Grafted on the Heirs


WHERE THE NEW ESTATE INHERITANCE IS GRAFTED ON THE HEIRS, THE RULE DOES NOT APPLY. When the free hold estate for life is g-iven to the ancestor, with the remainder to the heir in fee tail, that is, the heir is made the stock of descent instead of the ancestor, the ancestor does not take an estate in fee or in fee tail, but simply a life estate, and the second taker secures the estate tail. In such cases, the grantor has in mind that the first tenant should have a life estate, and the remainder should go to his oldest son, and to the oldest son of the oldest son. The courts hold the words in such a grant are not descriptive of the estate given to the first taker, because the ancestor has taken the precaution to point out that the estate shall go to the son after the death of the first taker, and to the heirs of that son, and, therefore, the son is made the stock of descent and not the ancestor.