Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	body_n	flesh_n	life_n	6,515	5	4.6902	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50674	The touchstone of wills, testaments, and administrations being a compendium of cases & resolutions touching the same : carefully collected out of the ecclesiastical, civil and canon-laws, as also out of the customs, common laws, and statutes of this kingdom / by G. Meriton ...	Meriton, George, 1634-1711.	1668 (1668)	Wing M1811; ESTC R11357	81,710	267

be such as are not prohibited in that behalf 6. The Witnesses must see and behold the Testator and not hear him onely and the Witnesses also must seal the Testament either with their own or the seal of some other And lastly the Testament must be finished at one time without any Intermission except natural such as cannot be avoided And if any of these particulars be wanting then it is reputed for a solemn Testament but here in England we are not necessarily tyed to observe this strict form of making our Testaments 5. For with us it is sufficient if the Testator do appoint his Executor and declare his Will before two or three Witnesses whose probation of the same as concerning the appointment of an Executor or disposing of Goods and Chattels is good enough ● and such a Testament is called an unsolemn Testament Lyndwood in C. Statut. verb. Probatis lib. 3. Provincial Const Cant. Brac. lib. 1. c. 16. Swin part 1. Sect. 3. and part 4. Sect. 24. Glan l. 7. C. 6. 6. But if the Testator devise any Lands Tenements or Hereditaments then the Testament must be in writing and done in the life-time of the Testator and approved by him for his Will before his death except in some special Cases See the next Chapter Num. 37. 32 H. 8. cap. 5. Noy's Maximes p. 97. Swin part 1. sect 11. part 4. sect 25. 7. Also if a man pleaseth he may make his Testament in writing wherein he disposes of his Goods and Chattels only and may also use the testimony of more Witnesses then two and procure them to subscribe their names to every sheet of the Testament which is very safe and may prevent many forgeries Swin part 1. sect 10. num 4. 8. The most usual form of Wills and Testaments with us The form of a Testament or ●ast Will. here in England is after this manner In the name of God Amen The tenth day of April 1667. in the nineteenth year of the Reign of our most gracious Soveraign Lord King Charls the Second of England c. I Peter Style of B. in the County of York Gent. being sick and weak in Body but of sound and perfect memory thanks be to Almighty God for the same And calling to mind the uncertain state of this transitory life and that all flesh must yield unto death when it shall please God to call and being desirous to settle things in order do make this my last Will and Testament wherein is contained my last Will and Testament in manner and form following revoking and absolutely annulling by these presents all and every Testament and Testaments A special Revocation of a former Will See the next Chapter Num. 34. Will and Wills heretofore by me made and declared either by word or by writing notwithstanding any promise to the contrary or Clause derogatory in the same And this to be taken only for my last Will and Testament and none other First I bequeath my Soul to Almighty God my Maker and to Jesus Christ my Redeemer and to the Holy Ghost my Sanctifier and my Body to the Earth from whence it came to be huried in such decent and Christian manner as to my Executors shall be thought meet and convenient there to rest until my Soul and Body shall meet again and be joyned together at the joyful Resurrection and be made partakers of the never-fading joys of immortality which God in mercy through the merits of Jesus Christ alone hath promised and prepared for all those that truly and unfeignedly repent and believe in him And touching such Temporal Estate of Goods Chattels and De●ts as the Lord hath been pleased far above my deserts to bestow upon me I do order give bequeath and dispose the same in manner and form following Imprimis I give and bequeath unto my Son Henry Style when he shall attain the age of one and twenty years the sum of Forty pounds of Observe the difference between these two Bequests In the first Case nothing is due till the age of 21 years but it is otherwise in the second Case for there it may be recovered by the Executors or Administrators of the Childe though he die before the age of 21 years lawful mony of England to be paid to him by mine Executors hereafter named Item I give and bequeath to my Son Thomas Style Forty pounds of like money to be paid to him by my said Executors when he shall attain the age of one and twenty years Item I give c. And lastly I make constitute ordain and appoint my deare and well beloved Wife Mary Style sole Executrix of this my last Will and Testament to whom I bequeath all the remainder of my Goods and Chattels moveable and immoveable after the satisfaction of my Debts and payment of the Legacies above by me bequeathed And to her care and tuition also I leave all my Children and I do A clause whereby the tuition of the Testators Children is committed to the Executor hereby nominate appoint my said Wife Tutrix to them and every of them until such time as they shall severally attain their ages of one and twenty years In witness whereof I have hereunto set my hand and seal the day and year first above written Peter Style 9. But no man is tyed to observe this or any other set form in the making of his Will for it skills not how it be drawn so as the Testators meaning can but be found out neither is it material whether the Testament be written in parchment or paper or the like stuff apt for writing nor what Language the same be written in either Latine Greek French or any other Tongue nor whether the same be written in Secretary Roman or Court-hand or any other hand so that the same may be but read and understood nor is it material with what Notes or Characters the same be made as XX s. for twenty shillings CL l. for an hundred and fifty pounds 1590 for one thousand five hundred and ninety with such like or the Figure 1 instead of the Letter A. or 2 instead of the Letter B. c. or some other more strange Characters yet it is good enough if the same by any means can be but read and understood unless the same Writing be but only a Preparation to the Testament and not the Testament it self for then in such Case though the same may be read and understood yet it is of no force and the party shall be said to dye Intestate Michael Grass Thesaur com opinion sect Test Quest 10. Swin part 4. sect 25. numb 2 3 4 5 6. Justinians Inst l. 2. Tit. de Test ordinandis numb 12. 10. Words and Sentences also are not of necessity required for the form of a Testament but onely for the expressing of the will and meaning of the Testator and therefore if the Scribe omit some words by Error whereby the sence is imperfect As for Example

of her Husbands Lands holden in Gavelkinde Co. on Litt. fol. 111. Old Terms of the Law verb. Gavelkinde 166. And of Lands held in Burrough English by the custom of some places the Widow shall have the whole and sometimes the half of her Husbands Estate Dum sola casta vixerit Co. on Litt. fol. 111. F. N. B. 150. Litt. li. 2. cap. 10. 167. By the Stat. 32 H. 8. cap. 1. every one except a woman Covert an Insant under the age of one and twenty years or a person De non sane Memorie may be their last Will and Testament in writing or other Act lawfully executed in their life-time give dispose Will or devise all such Lands Tenements and Hereditaments as they are solely seized of in Fee-simple or as much as of right in them is of all such Lands Tenements and Hereditaments as they are seized of in Fee-simple in Copercenary or in Common in Fee-simple to any person or persons except to Bodies politick and corporate And two parts of three of all such Lands Tenements or other Hereditaments as they hold in Knights service See now the 12 Car. 2. cap. 24. 32 H. 8. cap. 1 34. and 35 H. 8. cap. 5. Fynch Law pag. 169 170. Co. on Litt. fol. 111. b. Swin part 3. sect 3 and 4. And Wingates Abr. of Stat. tit Wills 168. All manner of Goods and Chattels real and personal moveable and immoveable may be devised by Will or Testament except in some certain cases following Perkins sect 511. Lind. in C. Stat. de Testament li. 3. Provinc Const Cantibr Swin part 3. sect 5. Cowels Inst pag. 140. 169. As where two men are joyntly possessed of Goods and Chattels real or personal one of them cannot make his Will and bequeath his part to another for when he dyes his part goes to the survivor and so it is in Lands Tenements and Hereditaments also Perkins sect 500 526. Dr. Stud. li. 1. cap. 6. Litt. li. 3. cap. 3. Cowels Inst pag. 140. Clerk of Assize pag. 63. 170. Nor can a Spiritual person or Master of a Colledge or Hospital or Mayor of a City devise those things which belong to their Church Colledge Hospital or City nor can the Crown or Jewels of the Realm be devised by Will but they may be given by Letters-patents and a Parson by Will may devise the Corn growing on the Glebe-Land at the time of his death Perkins sect 496 and 497 498. Brac. 1. li. 1 2. cap. 14. Dr. Stud. li. 2. cap. 39. Cowels Inst pag. 125. F. N. B. devise 5. Exer. 108. Swin part 3. sect 6. 171. The Husband cannot devise such Goods as his Wife hath as being Executrix to another nor such things as are in Action as debts due to her before Marriage by Obligation or Contract unless he and his Wife sue and recover the same during Marriage or that he renew the Bonds and take them in his own Name otherwise after his death they remain to her Co. on Litt. fol. 351. b. 9 H. 6 52. 21 H. 7. fol. 29. Kitchin fol. 251. a. Finches Law pag. 44 168. Bro. Testam 11. Swin part 2. sect 9. num 13. 172. Also if the Husband be possessed of a Terme or Lease for years in right of his Wife he cannot devise it by his VVill but he may grant it away or dispose of it in his life-time or if he make no disposition thereof yet if he survive her then it falls to him and in such Case he may devise it by VVill. Dame Hales ca. Plo. com fol. 260. Co. on Litt. fol. 251. a. Kitchin pag. 267. b. 7 H. 6 1. Perkins sect 560. Dr. Stud. li. 1. cap. 7. 173. An Administrator cannot devise those Goods by VVill which he hath as Administrator to another person dying intestate but Administration thereof shall be committed to the next of Kin to the first Intestate neither can an Executor devise those Goods by way of Legacy which he hath as Executor but he may make his Testament and appoint another Executor who shall have the Administration of the same Goods to the use of the first Testator Fynches Law pag. 168. Bro. Adm. 7. F. N. Br. Adm. 3. 31 E. 3. cap. 11. Plo. com fol. 525 526. Swin part 3. sect 6. 174. Those things also which belong to the Heir after the Testators edath cannot be devised by VVill as Glass-windows VVainscote Tables dormant and Benches affixed thereunto or mortifed in the Earth Furnaces Coppers Leads Ovens c. set in Morter or Stone nor Trees nor Grass growing c. Bro. Exer. 65. Cowel Inst pag. 140. Co. 4. Rep. fol. 62. Swin part 3. sect 6. Noyes Max. pag. 106. 175. But Corn growing on the Land at the time of the Testators death may be devised by VVill by those who are seized in Fee-simple Fee-tail or for life and also by Tenant in Dower Tenant by the Curtesie and Tenant in Mortgage and their Tenants and he who is seized in right of his VVife although thei● Estates do determine before the said Corn be ripe and severed except in some special Cases Perkins sect 512 514 522. Dr. Stud. li. 1. cap. 20. 176. If a woman Tenant in Dowe● sow her Land and afterwards marry and the Husband dyes before severance of the Corn in this Case it remains to her and he cannot devise it but if it had been sown after the Marriage he might have devised it Clerk of Assize pag. 57. Abr. Dr. Stud. li. 1. cap. 20. 177. If Tenant for life have Hops growing and dye a little before the severance of them in this Case the Executors or Administrators shall have them and not he in Reversion or Remainder for the Hops are accounted as Emblements they growing by Manurance and Industry of the Owner by the making of Hills and setting of Poles Vide Mi●h 11 Car. 1. B. R. Latham and Attwoods Case Cro. 1 part fol. 396. 178. As Goods and Chattels may be devised as aforesaid it is now further observable what a quantity or proportion of Goods and Chattels the Testator may devise by his VVill observe therefore that if the Testator have neither VVife nor Childe at the time of his death h● he may then dispose and devise al● the cleer residue of his Goods and Chattels over and above the discharging Funeral-expences and hi● debts Lindwood in C. Statut. d● Testament li. 3. Pro. Const. Cant. verbum defunct Brac. li. 2. cap. 26. Swin part 3. sect 16. 179. But it is the custom of many places especially within the Province of York that if the Testator have a Wife or Childe at the time of hi● death that then he can but dispose of half of such his cleer Goods and the other half is to go to the Wife or Childe and if he have both a Wife and Childe or Children at the time of his death then the Goods are divided into three parts whereo● one part is to the VVife another

land after the death of his Wife in this case the Wife by the favourable interpretation of such Will shall have the land for term of her life Finches Law pag. 172. 13 H. 7. 13. Terms of the Law verb. Devise Cowels Inst pag. 144. Swin part 4. sect 4. Noyes Maxims pag. 100. 230. If a man devise all his lands in A. to his two Daughters and makes them Executrixes and afterwards purchaseth more lands in A. and then dies without a new publication of his Will and expressing of this land newly bought therein in this case this land newly bought doth not pass by the same Will H. 43 El. C. B. Beckford and Parncotes Ca. Goldsboroughs Rep. pag. 150. pl. 77. 231. A man having four Daughters A B C and D devises his lands to his Wife for her life and after her decease the same to be equally divided amongst his Daughters or their Heirs A one of the Daughters died before the Mother and after the Mothers death the heir of A sued for a fourth part and adjudged for the Heir by vertue of the disjunctive or but if it had been to have been divided amongst his Daughters and their Heirs this word had altered the case and would have given the Fee to the three surviving Sisters Mich. 1 Car. 1. B. R. Rot. 189. Taylor and Hodgskies Case Godbolts Rep. fol. 363. 232. If one devise his lands to another Man and his Heirs and the Devisee dieth in the life-time of the Devisor and afterwards the Devisor dieth in this case the Heirs of the Devisee shall not have the land Plo. Com. fol. 342. in Brett and Rigdens Case 233. If a man seized of lands in Fee sowe the same with Corn and afterwards deviseth the land to A B and dieth before the Corn be severed in this case the Devisee shall have the Corn a swell as the land but it is otherwise where the lands descend to the Heir for the Executors or Administrators shall have the Corn sown at the Testators death Mich. 20 Jac. C. B. Spencers Case Winches Rep. fol. 51. 234. A man devised his Messuage whereof he was seized in Soccage in Fee by these words I devise my Messuage where I dwelt to my Cozen H and her Assigns for eight years and my Cozen H shall have all my Inheritances if the Law will and this was adjudged a good devise in Fee of the Messuage and by the general words of the Will all the Inheritances pass also Mich. 11 Jac. C. B. Wedlock and Hardings Case Godbolts Rep. fol. 208. 235. If a man devise his Lands to the Heirs-Males of any of his Sons or next of Kin such a devise is void for the uncertainty thereof Hil. 2 Car. 1. C. B. Rott 1288. in Hunt and Fishers Case and Trin. 1649. B. R. Rott 849. Beal and Wymans Case Styles Rep. fol. 240. 236. A man having Lands in Fee-simple and Goods to the value of five pounds onely deviseth to his Wife all his whole Estate paying his Debts and Legacies which amounted to forty pounds in this case it was adjudged that all the lands did pass by the devise and that the Wife had a Fee-simple in the lands the word paying enforcing it for they are to be paid presently which cannot be if the land pass not in Fee Tr. 1651. B. R. Kirman and Johnsons Case Styles Rep. fol. 293. and see 29 H. 8. Bro. Testament 18. 237. A seized of three Houses and other Lands Pastures and Meadows in W in the County of H and of Land in the County of O devised in this manner viz. I give my Capital Messuage in the Coun●y of O and all other my Lands and Meadows and Pastures in the Parish of W to such an one and adjudged here that all the houses passed by the devise for that lands comprehends houses also Ewer and Heydons Case Abr. Mores Rep. pag. 103. pl. 468. 238. If a man devise the profits of his lands it is a devise of the lands themselves Tr. 16 Jac. C. B. Rott 465. Balder and Blackbornes Case Brownlo 1 part 79. Owens Rep. 66 Tr. 23 Car. Styles 81. 239. A man by his Will deviseth his lands to his Wife and if she have Issue by the Devisor that his Issue shall have it at his age of twenty one years and if the Issue die before that age or before his wife or if she hath no Issue that then she shall chuse two Attorneys and sheto make a Bill of sale of any lands to her best advantage In this case it was resolved that the wife hath those lands for life and she having no Issue hath not any interest to dispose but hath an authority to nominate two who shall dispose of the lands and they shall make sale of them Mich. 5 Jac. B. R. Beal and Shepherds case Bro. 2 part Rep. fol. 199. 240. I might go on to shew what words in a Devise make a Condition and what a Limitation and where an estate shall pass by Implication and what words make an estate Tayl Fee-simple or for Life and where the Devisees shall be Joyntenants and were Tenants in Common with several other things but it not being the intent of this Treatise I refer the Reader to the learned Reports now extant where he may be satisfied and so I return again to my purpose 141. Devises and Legacies are to be sued for in the Ecclesiastical Court but the Ordinary cannot take Cognizance of Fees or Free-hold devised but a Prohibition will lye if any Judge of any Spiritual Court shall cite one before him in case of such a devise as intrencheth upon the Common Law Perkins sect 576 579. and Dr. and Stud. li. 2. cap. 55 Cowels Inst pag. 146. 242. Note there may be much deceit used by a knavish Executor and though the Goods be of a great value after the Debts are paid which were truely owing and due by the Testator yet he may keep the Legacies and never pay them perhaps but pretend that all the Debts are not paid and thereupon may cause Strangers to sue and then alledge that there are more Suits against them then the Goods of the Testator are sufficient to satisfie or they may confess the Actions brought against them and several other ways there are whereby they may defraud the Legatees of their Legacies Therefore it were good for Testators in their life-times either to secure the Legacies to the Legatees by some sure means or otherwise in their life-time to deliver the same that they see them possessed thereof and not leave it to the Will of the Executor Perkins sect 571. CHAP. IX Several Cases concerning the Duty of an Executor 243. THere are three kinds of Executors or persons which have to deal with the Execution of dead mens Wills and disposition of their Goods The first hath his Authority from the Law and that is the Bishop or Ordinary of every Diocess who hath the execution thereof when no Executor is appointed by the Testator