CH. 1, s. 5. to observe the directions of the will by which the property Pr. II T. 9, was bequeathed, is not within the principle of the rule against perpetuities, and therefore not within the rule; because the property is neither more nor less alienable on account of such limitation over (d). 882. Postpone the enjoy after the vesting. Where a person takes a vested interest at twenty-one, ment of a direction that he shall not have the enjoyment of the ment till property until a later period is inoperative, unless the period of enjoyment thereof is given to some other person in the meantime, or the property is so clearly taken from the devisee or legatee in the meantime, that there is an intestacy for the intervening period (e). 883. Trans executory "Executory interests in real property, which are not mission of contingent on account of the person, descend to the heirs interests. of the persons to whom they are limited, and such executory interests in personal property pass to the executors or administrators of the persons to whom they are limited, where they die before the contingency happens on which such interests are to vest" (ƒ). 884. Destruction interests by way of Executory interests, not limited by way of remainder, of executory if engraited on an estate tail, might be destroyed by the not limited tenant in tail by means of a common recovery. But such remainder. interests cannot be prevented or destroyed by any alteration whatsoever in the estate out of which or after which they are limited (g). 885. (d) Christ's Hospital v. Granger, 1 Mac. & G. 460. (e) Gosling v. Gosling, 1 Johns. 265. (f) Smith's Executory Interests annexed to Fearne, § 743. (g) Id. § 789, 790. T. 9, CH. 2. CHAPTER II OF RIGHTS OF ENTRY OR ACTION, MERE POSSIBILITIES, PART II. IN consequence of modern enactments, which are noticed in other parts of this work, the subject of this chapter is now of comparatively little practical importance, and therefore a very little space will here be given to it, though points connected with it will be found in subsequent pages. Rights of entry. Rights of action. Present rights of entry are of three kinds: 1. The right of immediate entry incident to a present vested interest, where the actual seisin or possession has never been acquired; as in the case of an heir-at-law before entry, if the land is not out on lease for years (a). 886. 2. That right of immediate entry which is incident to a vested interest, where the actual seisin or possession has been lost by abatement, intrusion, or disseisin, but not the right of possession (b). 887. 3. That right of immediate entry which exists in favour of a person who has a present right to take advantage of a condition which has been broken, the breach of which does not ipso facto determine the estate which was subject to such condition (c). 888. A right of action for the recovery of an estate exists (as we shall see hereafter) in certain cases where there is originally no right of entry, or where the right of entry has ceased (d). 889. (a) 1 Cruise T. 1, § 20. (b) See Fearne, 286, and n. (e) ; 2 Bl. Com. c. 13; 3 Bl. Com. 1689; and Title on Adverse Possession, infra (c) See Fearne, 381, n. (a) I. 1, and par. 191-7, supra. (d) See Part III. Tit. 6, c. 1, infra. T. 9, CH. 2. Possibilities The word possibility has a general sense, in which it PARTII includes even executory interests, which are the objects of a limitation. But in its more specific sense, it is that kind of contingent benefit which is neither the object of a limitation, like an executory interest, nor is founded in any lost but recoverable seisin, like the right of entry of the second kind. Of this nature is a possibility of reverter on the grant of a qualified or determinable fee (e). For, as the qualified or determinable fee may endure for ever, there cannot be any remaining portion of the seisin or ownership to constitute an actual reversion or to form the subject of any ulterior limitation in remainder (ƒ). And of the same nature is a contingent right of entry in case there should be a breach of a condition subsequent. 890. adverse A mere adverse possession, without any estate or interest, Mere exists in the case of an abator, intruder, or disseisor, who, possessions. in the first instance, has the actual possession, but no right of possession (g). 891. cies. An expectancy is a general term which may include Expectanvarious kinds of future interests, but is specifically applied to a mere hope of succession, unfounded in any limitation, provision, trust, or legal act whatever: such as the hope which an heir apparent or presumptive has of succeeding to the ancestor's estate. This is sometimes termed a bare or mere possibility (h). 892. possession action. It may be remarked in this place that property in Choses in chattels personal may be either in possession or in action, and in Property in possession is that of which a person has not only the right of enjoyment, but has also the actual enjoyment. Property in action is that to which a man has only (e) Fearne, 381, n. (a), I. 1. (f) See Smith's Executory Interests annexed to Fearne, § 159, 165, and supra, par. 834, 859-865. (g) 2 Bl. Com. c. 13; 3 Id. 168 9; and see Part III. Tit. 6, c. 1, (h) Fearne § 301; Smith's Exe- $ 71 PART II. T. 9, CH. 2. a bare right, enforceable by action or suit, without any occupation or enjoyment, and which is hence denominated a chose in action. The first is subdivided into two sortsproperty in possession absolute, and property in possession qualified. The former is that to which a person has the exclusive and permanent right. The latter is that to which he has not an exclusive right, or not a permanent right, but a right which may sometimes subsist, and at other times not subsist; as in the case of game, water, and goods pawned or pledged upon condition (i). 893. (i) See 2 Bl. Com. 389-396. CHAPTER III. OF POWERS. I. The Nature and different kinds of Powers (a). A POWER is an authority by which a person reserves to himself or confers on another the right to do an act in law (b). 894. PART II. T. 9, CH. 3. Definition of a power. kinds of regards Powers are of three kinds : 1. Common law authorities; Different as powers given by will, without the intervention of the powers, as Statute of Uses. 2. Statutory powers, not by way of use. their origin. 3. Powers limited by way of use, and operating under the Statute of Uses. Statutory powers, not by way of use, are sometimes designated by the general term of common law authorities (c). 895. estate the case of point ment under a common In the case of a common law power given by a will, or How the of a statutory power not by way of use, the estate which passes in is limited by the exercise of the power, passes by force of the will or Act of Parliament, and the appointor, in exe- law power cuting the power, merely nominates the person to take the power not estate; except in the case of a power of attorney given use. by one person to another to execute a conveyance for the former (d). 896. (a) On Appointments and Leases under Powers, see infra, Part III. T. 12, c. 3, ss. 6, 7. And see Lord St. Leonards' most learned and valuable work on Powers (ed. 7), from which, as the references show, many of the points are taken, although they are generally expressed in a different and condensed form. It is hoped that the selection, arrangement, and condensation of these points within or statutory by way of Distinction between a power of attorney and other common so small a compass, will prove of law powers. (b) 4 Cruise T. 32, c. 13, § 1. (d) 1 Sugd. Pow. 1, 2, 242, |