Grantor

“ Now, it is rather trite learning to say, and to say here, that there must be a grantor, a grantee, and a thing granted, to every deed that grants land; that a grantor is as necessary as a grantee or thing granted; or that there is a place in a deed for the name of the party who grants, and that this place is not the bottom of the deed. This is a good conveyance of the life estates of Phipps, Haile, and Gibson; the two former being dead, and their wives never having been made parties to it by apt words, are not bound by it. ”

“ Rice, 4 How. 225, 241, it was held that, in order to convey by grant, the party possessing the right must be the grantor, and use apt and proper words to convey to the grantee, and that merely signing, sealing, and acknowledging an instrument, in which another person is grantor, is not sufficient. ”

“ The general rule is positively against it, for the books, old and new, uniformly represent the king as a competent grantor in all cases in which an individual may grant, and any person in esse, and not civiliter mortuus, as a competent grantee. ”

“ Louis Trust Co., supra, the decedent had conveyed property in trust, the income of which was to be paid to his daughter during her life, but at her death 'If the grantor still be living, the Trustee shall forthwith * * * transfer, pay, and deliver the entire estate to the grantor, to be his absolutely.' But 'If the grantor be then not living' then the income was to be devoted to the settlor's wife if she were living, and upon the death of both daughter and wife, if he were not living, the trust property was to go to the daughter's children, or if she left none, to the grantor's next of kin. ”

“ With hardly an exception the grantor is a king or an under-king, while the grantee is a dead saint, a church, a bishop, an abbot, or a body of monks. If the grantee is a layman, the gift is made to him in order that he may found a minster. If this purpose is not expressed, it is to be understood. Thus in 674 or thereabouts Wulfhere king of the Mercians gives five manses to his kinsman Berhtferth as a perpetual inheritance. ”

“ In the present instance, too, independently of the influences which will be shown to have been brought to bear upon the transaction, it is thought that the injunctions of filial duty and affection would have demanded something less than the surrender of all possessed by the grantor; and would have been satisfied with a concession, as to which there probably would never have existed a difficulty,-one, indeed, that seems to have been assented to in practice,-the occupation and enjoyment of the property during their lives, by the parents of the grantor. ”

“ Even when the first gift is strictly upon condition subsequent, requiring an entry on the part of the grantor or devisor, or his heirs, to revest the estate in him or them, the American courts have treated their title as unaffected by the rule against perpetuities. ”

“ There must be an intent to convey, and the delivery of a deed for the purpose of vesting a present title in the grantee, and a deed delivered without the consent of the grantor is of no more effect to pass title than if it were a forgery. ”

“ For in this case the grantor retained the right to reduce or cancel by will or written instrument the interests of the children; and the corpus would have been returned to the grantor if he survived his nieces. Hence it seems plain that the gifts over would take effect in possession or enjoyment only at or after the death of the grantor. ”

“ By the covenant against encumbrances, the grantor, for himself and his heirs, covenants and agrees to and with the grantee and his heirs and assignees, that the tract of land conveyed, excepting parts previously sold in fee by his ancestor, John Van Rensselaer, and by himself ”

“ The instruments created by these grantors purported on their face wholly to divest the grantors of all dominion over the property; it could not be returned to them except because of contingencies beyond their control. ”

“ Pergamen, the same—the house, this house, Grange. You are aware, of course, that the existing owner has the power to do this? Eh? 'Make a temporary arrangement of it'?" continued the Squire, answering the solicitor's suggestion more to himself than to the suggester. "No—no—no! That might not suffice; no, I won't risk it—no, no, no! Be kind enough to prepare the necessary deeds at once—at once. 'Remember my heir?' I am remembering my heir, sir! Be kind enough to bring me the deeds the moment they are ready, and I will sign them.
"Yes, John Puddifoot, grocer, of the village of Grangeham. ”

“ The guardian of the land of an heir who is under age shall take from it only reasonable revenues, customary dues, and feudal services. He shall do this without destruction or damage to men or property. If we have given the guardianship of the land to a sheriff, or to any person answerable to us for the revenues, and he commits destruction or damage, we will exact compensation from him, and the land shall be entrusted to two worthy and prudent men of the same ‘fee’, who shall be answerable to us for the revenues, or to the person to whom we have assigned them. ”

“ We also have granted to all the freemen of our kingdom, for us and for our heirs for ever, all the underwritten liberties, to be had and holden by them and their heirs, of us and our heirs for ever; If any of our earls, or barons, or others, who hold of us in chief by military service, shall die, and at the time of his death his heir shall be of full age, and owe a relief, he shall have his inheritance by the ancient relief--that is to say, the heir or heirs of an earl, for a whole earldom, by a hundred pounds ”

“ Yet the grant is a mere concession, and one which may be withdrawn at any moment. If the son dies it lapses to the father; if the father dies it falls to the heir.
The child, as having no property, cannot give satisfaction for wrongs which he has committed. ”

“ Husbandry land held in villeinage was inherited according to the custom of its manor as administered in the lords manorial court. (The royal courts had jurisdiction of land held in socage. i.e. free tenure.) The heir could be the oldest son, the youngest son, a son chosen by the father to succeed him, or divided among the sons. If there were no sons, one of the daughters inherited the land or it was divided among all the daughters. If there were no heirs, the land went back to the lord. Land could not be sold or alienated so that the heir did not inherit, without the consent of the lord. ”

“ Heirs were firstly sons, then daughters jointly, then grandsons per stirpes, then granddaughters per stirpes, then brothers, and then sisters of the decedent. [By taking "per stirpes" instead of "per capita", a person's share goes to that person's heirs if that person predeceases the ancestor-decedent.] Male heirs of land held by military service or sons of knights who were under the age of twenty-one were considered to be in custody of their lords. The lord had wardship over the heir's land, excluding the third that was the widow's dower for her life. ”

“ Finally, the remaining goods and chattels went one-third to the widow, one-third to his children except for the heir to the land, and one-third according to the deceased's last will and testament. A son might take his share before the death of his father in order to go out into the world and seek his fortune, for instance in the church or military, upon which event the father had to pay his lord a fine for his son permanently leaving the manor. Many country boys became bound apprentices in nearby boroughs or farm laborers. ”

“ Bought servants were often actually, or prospectively, heirs of their master's estate. Witness the case of Eliezer, of Ziba, of the sons of Bilhah, and Zilpah, and others. When there were no sons to inherit the estate, or when, by unworthiness, they had forfeited their title, bought servants were made heirs. Proverbs xvii. 2. We find traces of this usage in the New Testament. "But when the husbandmen saw him, they reasoned among themselves, saying, this is the heir, come let us kill him, that the inheritance may be ours." ”

“ If the guardian dies in the meantime, then his heir will take the privileges and obligations of the guardianship, and reserve out of his inherited estate the amount due to the ward. Uncles and heads of families will act as guardians for minors left with property, and they will have to render a proper account of the amount received when the minor becomes old enough to look after his own affairs. ”