Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	administer_v	ann_n	annex_v	21	3	12.9589	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A58990	The second part of Reports of cases taken and adjudged in the court of Chancery, from the 20th year of King Charles II. to the first year of Their present Majesties, King William and Queen Mary Being special cases, and most of them decreed with the assistance of the judges, and all of them referring to the register books, wherein are setled several points of equity, law and practice. To which is added, the late great case between the Dutchess of Albemarle and the Earle of Bathe.; Reports of cases taken and adjudged in the court of Chancery, from the 20th year of King Charles II. to the first year of Their present Majesties, King William and Queen Mary. Part 2.	England and Wales. Court of Chancery.	1694 (1694)	Wing S2297; ESTC R217071	188,405	430

by the Defendants as aforesaid was by reason the Title in Law was in Comber the Mortgagee and not upon the Vallidity of the Will and that a Verdict had been had in affirmation of the said Will for other Lands therein mentioned and the Testator was in possession of the premisses at the time of his death This Court the Defendants insisting to have it tryed at Law whether a Revocation of the said Will or not declared there was no Colour to direct any Trial at Law in this Case for that on reading the proofs it plainly appeared When the Mortgage money is paid the Mortgagee and his Heirs are Trustees for the Mortgagor and his Heirs that the Testator expresly declared the said Will should be his last Will and that upon such an express proof it would be vain to direct a Tryal at Law and declared that when the Mortgage money was paid the Morgagee and his Heirs immediately from that time became Trustees for the Mortgagor and his Heirs and the Court having considered of several presidents as well Antient as Modern A Will and after that a Mortgage the Will is Republished its a good Will and not revoked which were full in the point that notwithstanding such Revocation yet there was a Republication of the Will and that the same was a Republication of such a nature that made the said Will a good Will and decreed the Defendant Grace to enjoy the premisses according to the said Will. This Cause came to be Re-heard before the Lord Chancellor Jefferies who was well satisfied with the Republication and declared that notwithstanding the said Mortgage the Will was a good Will and not revoked and confirmed the former decree Pullen contra Serjeant R6 Cor. 2. fo 570. THe Bill is to have a discovery of the Estate of Ann Nurse deceased and a distribution to be made and the Plaintiffs to have their proportions thereof they being next of Kin to the said Ann Nurse viz. the Plaintiff Ann Wife of the Plaintiff Pullen Sister by the Mothers side of the said Testatrix Ann Nurse and the other Plaintiffs are of the same degrees of Consanguinity and so are Intituled to their equal shares of her Personal Estate Executrix dies before the Testator there shall be Administration cum Testamento annex ' and the said Ann Nurse made Ann the Wife of William Hodges Executrix who died before the said Ann Nurse and the said Ann Nurse died without altering of her Will That after her death the Defendant Serjeant a Relation to the said Ann Nurse took Administration of the said Ann Nurse's Personal Estate The Defendant insists That he being only Brother and one of the nearest Relations to Ann Nurse the Testatrix and her said Executrix dying before she Administred with the Will annexed and paid Debts and Legacies and is willing to Distribute as the Court shall direct and craves the Direction of the Court whether the Plaintiffs being of the half-blood shall have equal proportion with the Defendant and others of the whole blood This Court declared They of the half-blood shall have equal share of the Personal Estate with those of the whole blood That the Plaintiff who are of the half blood to the said Ann Nurse were equally intituled to a Distribution of the said Estate and to an equal share of the Defendant Serjeant and others who are of the whole blood and decreed the same accordingly Keale contra Sutton 36 Car. 2. fo 773. THE Defendant being Arrested in the Marshalls Court A Prohibition granted for Arresting in the Marshalls Court for matters arising in Berkshire for matters arising in Berkshire out of the Jurisdiction of that Court This Court granted a Prohibition which being Disobeyed an Attachment was ordered against the Persons Disobeying the same and the Defendant to proceed upon the same Carvill contra Carvill 36 Car. 2. fo 142. THat the Testator Robert Carvill by Will the fifth of June 1675. Will. and thereby gave the Plaintiffs several Legacies and also Legacies to the Defendants which he appointed to be paid by Sale of Lands after the death of his Sister Rosamond whom with the Defendants he made Executors and gave his said Executors residium bonorum and in 1678. died and the said Rosamond is dead That the Defendant Robert Carvill being the Eldest Son of Henry the Testators Brother is his Heir at Law who insists That the Testator made no such Will and that he claims the said Lands by Dissent or if any such Will was made the Testator was non compos at the making thereof and that no Person was named in the said Will to Sell the said Lands and insists on the Act against Frauds and Perjuries and Avers Statutes of Frauds and Perjuries That the Testator died not till 1680. and that he did not make and sign that Will according to the said Act there being no Witnesses that have Attested it according to that Act and doth therefore insist that the same is void in Law as to the Devise of Lands and that the same are come to him as Heir and he hath since Recovered the same at Law and insists also that the said Will is void in Law because no Person is appointed to make Sale and being but a voluntary Disposition for payment of Legacies and not Debts the Plaintiff ought to have no Relief to make the same good in Equity to the Disinherison of the Defendant the Heir at Law But the Plaintiffs insisted Though the Testator died after the said Act viz. December 1678. yet the Will was made long before the 24th of June 1677. and so is not within the intention of the said Act and that though no Person be in express words named to Sell the Lands yet the Sale ought to be made by his Executors and the Heir ought to be Compelled to joyn in the Sale The Defendant the Heir insisted That though the Will might be out of the provision of the Act being made before the making of the Act yet there is no good proof that any such Will was made or published by the Testator This Court directed it to Law on this Issue Devisavit vel non devisavit Will or not Will. and a Verdict passed for the Plaintiff This Cause coming to be heard on the equity reserved and this Court being satisfied with the Verdict which was viz. That the said Robert Carvill the Testator did make and publish such Will and thereby devised the said Lands to be sold as aforesaid This Court upon reading the Will Lands Devised to be sold and now express't to sell the same Executors Decreed to sell decreed the said Lands to be sold by the said Executors and the said Legacies to be paid thereout according to the said Will. Norton contra Mascall 36 Car. 2. fo 544. THE Suit is to have a voluntary Award performed A voluntary Award Decreed to be performed the Defendant insisted It being a voluntary