163

122
1st. That the lord of the [fee] might know who to call
upon to accompany him to war in defence of the
realm.
2nd. That a stranger might know whom to bring his
action against for recovery of the land by Writ of
Right! which could only be bought against the
tenant of the freehold. But if they were permitted
to commence 'in futuro' then the freehold would be
in abeyance to the Commencement of the Estate.
When the conveyance is made to operate under
the Statute of uses it transfers only so much as
is mentioned in the deed & the use underposed
of remains in the grantor until the contingency
happens. So that the freehold is not without a
tenant.
167 If the particular estate is void at its creation
or is defeated afterwards the remainder supported
thereby is also defeated. This is only true as to
Executory or Contigent remainder, unless the
Estate was void at its creation. Mr. Fearne
limits the preservation of vested remainders to
very few cases, when the particular estate is
destroyed. Whenever a remainder is once
vested by a good title the destruction of the partic—
—ular estate will not divest it. Fearne 308. Ba.
Abds. Rem. & Rev.
But our statute has abolished all doubts on
this point V. C. 502 § 13 & 12
169 Vested & Contigent Remainders.
Blackstones definition is defective. The best one
is given in Note 10 from Mr. Fearne. vis The
present capacity to take effect in posession
if the particular estate were to determine
makes vested remainders; and the {event} want of
the present capacity to take effect in [possn] the particular
estate were to determine the contingent rem—
—ainders. This incapacity may arise in various
ways as by limiting the estate to an uncertain
person, or on an uncertain event, or on an
event which though it must happen, yet may