Bracton: Thorne Edition: English. Volume 2, Page 91

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Volume 2, Page 91

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[001] his heirs. If heirs are not included and no provision is made by the donor during his
[002] life or the donee's, the thing given will remain to the donee in fee. But if provision
[003] is made during their lives, the land given reverts to the donor by the modus of the
[004] gift. If only the heirs of the donor are included, not those of the donee, and neither
[005] the donor nor his heirs have provided for the donee while he was alive, the thing
[006] given will remain to the donee and his heirs in fee, though the donor himself or his
[007] heirs are prepared to provide for the donee's heirs after his death. Conversely, if
[008] only the heirs of the donee are included, not those of the donor, and the donor has
[009] provided for the donee or his heirs, the land so given reverts to the donor; [but]
[010] if he has not so provided during his life and his heirs desire to do so after his death
[011] that will not suffice, since the modus of the gift is to the contrary. If at the inception
[012] of the gift no mention is made of heirs, and during their lives, those of the donor
[013] and donee, no provision is made, the land so given does not revert to the donor nor
[014] to his heirs but will remain to the heirs of the donee in fee. If a gift is made to another
[015] for the life of the donee, not of the donor, the land given will then be the free
[016] tenement of the donee. But if for the life of the donor, it will be his free tenement
[017] and not the donee's,¹ for if the donor predeceases him it may be taken from him in
[018] his lifetime, ²<that is, because if the donor dies in the donee's lifetime the thing
[019] given reverts at once to the donor's heirs; thus it will not be the donee's free
[020] tenement since it may be recalled during his life.>³ If the gift is made in this way,
[021] ‘to the donee and his heirs for the life of the donor’ and the donee dies first, his
[022] heirs succeed him to hold for the life of the donor. ⁴<They will recover by the assise
[023] of mortdancestor because he died seised as of fee.⁵ Because of the word ‘heirs’ he
[024] cannot dispose of it by will as in the first case.⁶ If the donor dies first, then, as
[025] before, it will be the free tenement of the donor not the donee, for the reason
[026] aforesaid, because immediately after the death of the donor the thing given will
[027] be recalled.> If no mention is made of the donee's heirs, the thing given does not at
[028] once revert to the donor unless the donee dies intestate,⁷ or if, though he has made a
[029] will, has made no mention of what may be called a tenement for years left [behind]
[030] him, though if he has disposed of it in his will, as in the case of chattels,

Notes

1. Infra iii, 272

2. Supra i, 376

3. Supra 57

4. Supra i, 376

5. Infra iii, 273

6. ‘propter heredes ... in primo casu,’ from lines 27-8. The addicio is later than the portion below, the ‘first’ case alluded to here.

7. Infra iv, 268