belonged to the executor of a party, may at the next, belong in equity to the heir. See Ware v. Polhill, 11 Ves. 257, as an instance of such a power; where however the power was held void, because not confined within the proper limits. The principal cases in which an extinguishment takes place, are those of rents, seigniories, and releases; and in these cases an extinguishment seems never held to take place where it can be avoided. A release never operates as an extinguishment if it can take effect in any other way, Co. Litt. 278 b, note (1); and if a rent-charge descend on a person already entitled to a part of the land out of which it issues, a case the most analogous to those objected to, the rent-charge shall not be entirely extinguished, but apportioned, though, being against common right, its continuance is not favoured, Co. Litt. 149 b. There may possibly be other reasons for an extinguishment in the cases above mentioned, besides those which are given; but it is better to adhere to decided cases till they are clearly shewn to be erroneous.

SECT. III.

Explanation of the Table of Descents.

FOR the more fully elucidating the doctrines inculcated, and in order to shew at one view the different manner in which an estate VESTED IN POSSESSION and one IN REMAINDER OR REVERSION EXPECTANT UPON A FREEHOLD would descend, I have subjoined a table or calendar, which I will now proceed to explain.

[123]

Suppose then an estate given to Henry War- Descent of a den in tail, with remainder over in fee to Ben- remainder on a jamin Brown.

On the death of Benjamin Brown, the remainder would descend, 1st, to his eldest son, (by Anne Lee), William Brown; and from him, 2dly, to his eldest son, (by Sarah Watts), Isaac Brown. Isaac dying without issue, we must again seek the right heir of his father William, as the representative of his grandfather Benjamin; for Isaac, having never been actually seised, could not transmit it to his own heirs. (as such). Now we find that William Brown

freehold.

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left a daughter by his first wife, and a son by his second; these his children are both in the same degree; but the younger being a son, and so more worthy of blood, he (George) shall (3dly) succeed to the inheritance in exclusion of his elder sister (a). George dying without issue, we must again seek the heir of his grandfather, which now undeniably is (4thly) Lucy. Lucy dying likewise without issue, whereby her father's issue are extinct, we must still inquire for the heirs of the remainder-man, whom we now find to be (5thly) John Brown (his son by his second wife). The remainder then descends from John to (6thly) his eldest son Edmund; and from him to (7thly) his only son James. James dying without issue, we must once more seek the heir of the remainder-man ; whom we find among the yet living issue of John. John leaving a daughter by one wife, and a son and daughter by another, the remainder descends (8thly) to Henry his son by Frances Wilson, as of the worthiest sex but he dying without issue, we again seek the heir of Benjamin, and find that John left two daughters also by different wives; these daughters being in the same degree, and both equally the children of their common father, through whom they derive their title to inherit (b), shall (9thly) succeed as par

(a) See the last sect. p. 119 (b).

(b) SISTERS OF THE HALF-BLOOD cannot succeed as heirs to