Sir Launcelot Greaves | Page 6

Tobias Smollett
attorney--and by his assistance hove me out of my inheritance. That is all, brother--hove me out of five hundred pounds a year--that's all--what signifies--but such windfalls we don't every day pick up along shore. Fill about, brother--yes, by the L--d! those two smuggling harridans, with the assistance of an attorney--an attorney, Tom--hove me out of five hundred a year." "Yes, indeed, sir," added Mr. Clarke, "those two malicious old women docked the intail, and left the estate to an alien."
Here Mr. Ferret thought proper to intermingle in the conversation with a "Pish, what dost talk of docking the intail? Dost not know that by the statute Westm. 2, 13 Ed. the will and intention of the donor must be fulfilled, and the tenant in tail shall not alien after issue had, or before." "Give me leave, sir," replied Tom, "I presume you are a practitioner in the law. Now, you know, that in the case of a contingent remainder, the intail may be destroyed by levying a fine, and suffering a recovery, or otherwise destroying the particular estate, before the contingency happens. If feoffees, who possess an estate only during the life of a son, where divers remainders are limited over, make a feoffment in fee to him, by the feoffment, all the future remainders are destroyed. Indeed, a person in remainder may have a writ of intrusion, if any do intrude after the death of a tenant for life, and the writ ex gravi querela lies to execute a device in remainder after the death of a tenant in tail without issue." "Spoke like a true disciple of Geber," cries Ferret. "No, sir," replied Mr. Clarke, "Counsellor Caper is in the conveyancing way--I was clerk to Serjeant Croker." "Ay, now you may set up for yourself," resumed the other; "for you can prate as unintelligibly as the best of them."
"Perhaps," said Tom, "I do not make myself understood; if so be as how that is the case, let us change the position, and suppose that this here case is a tail after a possibility of issue extinct. If a tenant in tail after a possibility make a feoffment of his land, he in reversion may enter for the forfeiture. Then we must make a distinction between general tail and special tail. It is the word body that makes the intail: there must be a body in the tail, devised to heirs male or female, otherwise it is a fee-simple, because it is not limited of what body. Thus a corporation cannot be seized in tail. For example, here is a young woman--What is your name, my dear?" "Dolly," answered the daughter, with a curtsey. "Here's Dolly--I seize Dolly in tail--Dolly, I seize you in tail"--"Sha't then," cried Dolly, pouting. "I am seized of land in fee--I settle on Dolly in tail."
Dolly, who did not comprehend the nature of the illustration, understood him in a literal sense, and, in a whimpering tone, exclaimed, "Sha't then, I tell thee, cursed tuoad!" Tom, however, was so transported with his subject, that he took no notice of poor Dolly's mistake, but proceeded in his harangue upon the different kinds of tails, remainders, and seisins, when he was interrupted by a noise that alarmed the whole company. The rain had been succeeded by a storm of wind that howled around the house with the most savage impetuosity, and the heavens were overcast in such a manner that not one star appeared, so that all without was darkness and uproar. This aggravated the horror of divers loud screams, which even the noise of the blast could not exclude from the ears of our astonished travellers. Captain Crowe called out, "Avast, avast!" Tom Clarke sat silent, staring wildly, with his mouth still open; the surgeon himself seemed startled, and Ferret's countenance betrayed evident marks of confusion. The ostler moved nearer the chimney, and the good woman of the house, with her two daughters, crept closer to the company.
After some pause, the captain starting up, "These," said he, "be signals of distress. Some poor souls in danger of foundering--let us bear up a-head, and see if we can give them any assistance." The landlady begged him, for Christ's sake, not to think of going out, for it was a spirit that would lead him astray into fens and rivers, and certainly do him a mischief. Crowe seemed to be staggered by this remonstrance, which his nephew reinforced, observing, that it might be a stratagem of rogues to decoy them into the fields, that they might rob them under the cloud of night. Thus exhorted, he resumed his seat, and Mr. Ferret began to make very severe strictures upon the folly and fear of those who believed and trembled at the visitation of spirits, ghosts, and goblins. He
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