RUSSELL GOLE.

MR. HALLIWELL is perfectly right in his opinion as to the expression

"heretofore the _inheritance_ of William Shakspeare." All that that

expression in a deed means is, that Shakspeare was the absolute owner of

the estate, so that he could sell, grant, or devise it; and in case he did

not do so, it would descend to his heir-at-law. The term has no reference

to the mode by which the estate came to Shakspeare, but only to the nature

of the estate he had in the property. And as a man may become possessed of

such an estate in land by gift, purchase, devise, adverse possession, &c.,

as well as by descent from some one else, the mere fact that a man has such

an estate affords no inference whatever as to the mode in which he became

possessed of it. The authorities on the subject are Littleton, section ix.,

and Co. Litt., p. 16. (a), &c. A case is there mentioned so long ago as the

6 Edw. III., where, in an action of waste, the plaintiff alleged that the

defendant held "de hæreditate suâ," and it was ruled that, albeit the

plaintiff had purchased the reversion, the allegation was sufficient.

In very ancient deeds the word is very commonly used where it _cannot_ mean

an estate that has descended to an heir, but _must_ mean an estate that may

descend to an heir. Thus, in a grant I have (without date, and therefore

probably before A.D. 1300), Robert de Boltone grants land to John, the son

of Geoffrey, to be held by the said John and his heirs "in feodo et

hæreditate in perpetuum." This plainly shows that _hæreditas_ is here used

as equivalent to "fee simple." I have also sundry other equally ancient

deeds, by which lands were granted to be held "jure hæreditaris," or

"liberè, quietè, _hæreditariè_, et in pace." Now these expressions plainly

indicate, not that the land has descended to the party as heir, but that it

is granted to him so absolutely that it may descend to his heir; in other

words, that an _estate of inheritance_, and not merely for life or for

years, is granted by the deed.

Notes and Queries, Number 225, February 18, 1854 A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc. · 第 96 / 153 题