[001] heirs fail in the life of the donor, then what was said immediately above will be applicable. [002] If the donee or his heirs or both survive, [but the donor dies], the thing [003] given then reverts to the heirs of the donor by writ of entry, as above. If when the gift [004] is made to the donee and his heirs for the life of the donor the donee dies first, his [005] heirs succeed him by hereditary right as to a fee,1 as long as the donor lives; after the [006] donor's death it ceases to be the donee's fee and begins to be the fee of the donor. [007] But if the gift is made thus, for life etc.2[as above.]
In his demesne etc.
[009] It is said [in the writ] ‘in his demesne.’ We therefore must see, first of all, what may be [010] held in demesne. A tenement, a rent and everything else for which an assise of novel [011] disseisin of a free tenement may be had if3 they are held for life or in fee, for things [012] held in fee the assise of mortdancestor lies for heirs, whoever is in possession. [The [013] word ‘demesne’ is taken in many ways. ‘Demesne’ is what one has for supplying his [014] table, such as are called in English ‘board-lands.’ A villeinage given to villeins, [015] which one may recall and revoke at will, in season and out, is also called demesne. [016] That may also be called demesne of which one has the free tenement and another the [017] usufruct, [or] of which one has the free tenement and another the wardship, [or] [018] another the care, as a guardian or a curator, one provided by law, the other by man.] [019] And generally, however and whenever one is enfeoffed in fee to himself and his heirs, [020] or [holds in fee] by the causa of succession, so that he could have the assise of novel [021] disseisin if he were ejected while alive, the assise of mortdancestor lies for his heirs [022] after his death, if he dies seised. It is clear that it is called demesne to distinguish it [023] from that which is held in service. Hence we say every day that we must see what a [024] man holds in demesne and what in service. It is regularly true that demesne may be [025] called the entire tenement of which the ancestor died seised as of fee, whether with the [026] usufruct or without it, [without it, because] if he were ejected while alive he could [027] recover by an assise of novel disseisin though another had the usufruct, and hence in [028] order to make clear his ancestor's seisin, the assise of mortdancestor lies at once for [029] the heir,
Volume 3, Page 273
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