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8 Just. Peace 73 (1907)

handle is hein.statereports/jupc0008 and id is 1 raw text is: THE JUSTICE OF THE PEACE. Whit 3usifirt A of the N a PUBLISHED MONTHLY Subscription Price, 50 Cents per Annum ADVERTISING RATES-Per Inch single column: 1 Month ........... .50 6 Months . 1.75 3 Months . 1.00 1 Year ............ 3.00 All remittances and communications should be sent to John G. l-Jomsher, Publisher, STRASBURG, - PENN'A. VOL. 8 JUNE, 1907 NOTICE TO SUBSCRIBERS, Starting with the June number 1907 the Justice of the Peace will be issued regularly each month hereafter. We have decided upon this course in order to save complications that might arise of current matter appear- ing in the journal of a date previous to the matter itself. The back numbers not yet publish- ed will all be published and sent be- tween the regular monthly issues until the files are complete. The back num- bers will be filled with such matter as is not effected by the date of issue. By this plan we can keep the current matter at the proper date. The Journal began December 1899, and the numbers not yet published are April, May, June, July, August, Sept- ember, October, November and De- cember, 19o6, and January, February, March, April and May, 1907. As last as any of the back numbers are sent out the above list will appear diminished accordingly. All who have written us concerning the irregularity of the issuing of the journal will please accept this state- meiat instead of an answer by letter. Conveyancln-lrorm of Writig to Convey a Life Estate. Technically speaking and following the analysis of the tnglish modes of conveyances, from which our forms are modeled after, the proper form of writing to convey a life interest in land would be a lease, or deed of lease, for strictly speaking, any writing, sealed and delivered by the parties is a deed. The parties to a conveyance of a life estate are styled, according to the English analysis, lessor and lessee; yet they are not landlord and tenant. That relation only applies between the lessor and lessee of an estate for years. A life estate is a freehold and one who owns such an estate is a freeholder. The estate left after the life estate, or particular estate as it is termed in law, is called a reversion when it reverts back to the lessor, (grantor) his heirs or assigns; and a remainder when it is made to g6 to others than the grantor. Many of the rights and remedies in- cident to thle relation of landlord and tenant and reversioners and remainder- men are identical, though the proced- ure would in some instances be differ- ent. It would not matter whether the writing 1o convey a life estate is in the from of a deed or a lease. Either would do equally well. It is the in- tention of the parties as shown by the writing that oetermines the estate granted. If that shows that the inten- tion of the parties was to make a con. tract for a term of years, whether it be for a week, a month, a year, or a thousand years, the law will apply to them the relation of landlord and ten- ant, with all the rights and remedies incident thereto. If the writing shows that it was the intention to grant a life estate, the law will apply the relation of tenant for life and reversioner or remainderman. But in modern conveyancing even these distinctions are more a matter of theory than any real difference in prac- tice, because the rights and duties of each of the parties are usually set forth in the contract, and these covenants, stipulations and conditions are effec- tive whether the estate glanted would technically be for life or years. In other words, in a life estate and a term of years, both created by writing ind both writings merely mentioning the names of the parties, the description of the real estated granted, the length of

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