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15 INVENTORY.
Occupancy, or the taking possession of what
before belonged to no one, was the foundation,
as Blackstone observes, of holding those things
in severalty, which, by the law of nature, unqualified
by that of society, were common to all
mankind. This right of occupancy as far as it
concerns real property, hath been confined by
the laws of England to a single instance, viz.
where a man was a tenant for another's life, or
had an estate granted to himself only, (without
mentioning his heirs,) for the life of another,
and died during the life of such other person, in
this case, he, that could first enter upon the
land, might lawfully retain the possession, so
long, as the person during whose life the grant
was made, lived, by right of occupancy.
2 Blackstone's com. 3, 8, 258.
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Occupancy;
its derivation. |
Before the statutes of 32 Hen. 8, C. 1. And
34, and 35, Hen. 8th. C. 5, no lands, except
by the custom of particular places, were devisable,
and these statutes were confined to fee-simple
estates. By the statute of 29th. Car. 2,
C. 3, a power is given to devise estates pur auter
vie, and if there be no devise, they are
chargeable in the hands of the heir, as special
occupant, as assets by descent, and if no special
occupant, such estates shall go to the executors
or administrators of the person, who had the |
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