were granted Joynt-Tenants may have several estates A Joynt-Tenant cannot grant a Rent-charge but for terme of his own life A Joynt-Tenant may make a Lease for life or for years of his part or Release and the Lessee for years may enter although the Lessor die before the Lease begin and his heire shall have the Rent but the Survivor the Reversion A Joynt-Tenant may have a Writ of Partition by the Statute of the 31. of H. 8. cap. 32. A Partition made by Joynt-Tenants or Tenants in Common of Estates of Inheritance must be by Indenture by Word 't is void CHAP. VII TENANTS in COMMON Tenants in Common are those that hold Lands and Tenements by several titles They may joyne in action personal but they must have several actions Real They may have a Writ of Partition by the Stat. of 31. H. 8. cap. 32. IF one Parcener Joynt-Tenant or Tenant in Common take all the other have no Remedie but by Ejectione firme or such like or Waste Gavil-kinde-Lands Tenant by the curtesie of Kent whether he have Issue or no untill he marry and so forth he may not commit Waste CHAP. VIII TENANT in DOWER A Woman shall be indowed of all sorts of inheritance of her husband where the Issue that she had by him may inherit as heire to his father by meetes and bounds of a third part She shall have house-roome and meat and drink in common for forty dayes But she may not kill a Bullock within those 40. days after the death of her husband in which time her Dower ought to be assigned her The Assignement by him that had the Frank-Tenement is good but by him that is Guardian in Soccage or Tenant by Elegit verte Elegit or Statutes or Lessee for years is not She is to demand her Dower on the Land She shall recover dammages when her husband dyed seized from the death of her husband if the heire be not ready at the first day to assigne her Dower She shall have all her Chattels real againe execept her husband sell them he may not charge them or give them by his Will and likewise her bonds if the money were due in the life of her husband and all convenient apparel but if she have more then is fit for her degree it will be assets A woman shall be barred of her Dower so long as she detaineth the bodie of the heire being Ward or the Writing of the sons Land A woman shall not be endowed of any lands that her husband joyntly holdeth with another at the time of his death Dower of Gavil-kind Lands If the woman shall be endowed of one half so long as she is unmarried and chaste and it may be held with the heire in Common It is of Lands and Tenements and not of a Faire or such like where the Heire loseth not his inheritance there she loseth not her Dower Joynture IF a woman have a Joynture be fore marriage she may claim no Dower 27. Hen. 8. If it be made during marriage she may enter into her Joynture presently If she enter or accept of it she shall not be endowed If she shall be expulsed of any part of her Joynture she shall be endowed of the residue of her husbands Lands CHAP IX Tenant for terme of Life TEnant for terme of life is he that hath Lands or Tenements for terme of his life or another mans life and none of lesser estate may have a Free-hold If a Tenant for life sowe the Lands and die before the corn be reaped his Executor shall have it but not the Grasse nor other fruit If a Tenant for life be impannelled upon an Inquest and forfeit Issues and die they shall be levied upon him in the Reversion and so likewise if the Husband on the Lands of the Wife CHAP. X. Tenant for Terme of yeares Tenant for terme of years is where a man letteth lands or tenements to another for certain yeares HE may enter when he will the death of the Lessor is no let and may grant away his terme before it begin but before he enter he cannot Surrender nor have any action of trespasse nor take a release He is bound to repaire the Tenements The Lessor may enter to see what Reparations or Waste there is and he may distraine for his rent or have an action of debt If Tenant for life or years granteth a greater estate then he hath himselfe he doth forfeit his terme CHAP. XI Tenant at Will Tenant at Will is hee that holdeth lands or tenements at the Will of another THe Lessor may reserve a yearely rent and may distraine for it or have an Action of debt the Lessee is not bound to repaire the Tenements The Will is determined by the death of the Lessor or of a woman Lessee by her marriage or when the Lessee will take upon him to doe that which none but the Lessor may doe lawfully it determineth the Will and Possession and the Lessor may have an action of Trespasse for it The Lessee shall have reasonable time to have away his goods and his corne But he shall lose his Fallow and his dung carried forth CHAP. XII REMAINDER A Remainder is the residue of an estate at the same time appointed over and must be grounded upon some particular estate given before granted for years or for like and so forth And ought to begin in possession when the particular estate endeth there may bee no mean time between either by Grant or Will No remainder can be of a Chattel personal a Remainder cannot depend on a matter ex post facto as upon Estate tayle upon condition That if the Tenant in Tayle sell then the Land to remain to another is a void Remainder CHAP. XIII REVERSION A Reversion is the residue of an estate that is left after some particular estate granted out in the Grantor as if a man grant Lands for life without further granting the Reversion of the Fee-simple is in the Lessor CHAP. XIV WASTE WASTE lieth against a Tenant by the curtesie for life for years or in Dower and they shall lose the place wasted and treble dammages Waste lieth not against a Tenant by Elegit Statute-Merchant or Staple but account after the debt or dammage levied Waste or account will lie against a Tenant in Mortgage because he had Fee conditionall Waste is not given to the heire for Waste in the life of his Father Waste is given against the Assigne of the Tenant for life or of anothers life but not against the Assignee of a Tenant in Dower or of the curtesie it is to be brought against themselves It is Waste to pull up the formes benches doors windowes walls Filbert-Trees or Willows planted CHAP. XV. DISCONTINUANCE DIscontinuance is where a man that hath the present possession by makeing a larger estate then he may divesteth the inheritance of the Lands or Tenements out of another and dieth and the other hath right to have them but he may not enter
to him and his heires until B. die without heire of his body for in the one case the Donor hath but an Estate Tayle and in the other a Fee simple determinable hath a possibility of Revertor for if B. die without heire of his body then whether A. be living or dead shall revert to the Donor but such possibility of Reversion for he that hath but such a possibility hath no Estate nor hath he power to give his possibility but in the other case the Donor hath Estate in Fee and therefore he hath power to dispose thereof at his pleasure Remainder A Remainder is a remnant of an estate disposed to another at the time of creation of such particular Estates whereupon it doth depend as if S. seised of lands in Fee demiseth the same to B. for life the remainder to C. and the heirs of his body the remainder to D. and his heirs In this case I. S. hath a particular Estate of the Lessor is then also disposed to C. and D. ut supra whereby B. hath an Estate for life C. a Remainder in Tail and D. a Remainder in Fee depending in order upon the particular Estate in possession and in every Remainder five things are requisite First That it depend upon some particular Estate Secondly That it pass out of the Grantor Donor or Lessor at the time of the creation of the particular Estate whereon it must depend Thirdly That it veste during the particular Estate or at the instant time of the determination thereof Fourthly That when the particular Estate is created there be a Remnant of an Estate left to the Donor to be given by way of Remainder Fifthly That the person or body to whom the Remainder is limitted be either capable at the time of limitation thereof or else in potentia propinqua to be thereof capable during the particular Estate If Lands be given to I. S. and his Heirs the Remainder for default of such Heir to I. D. and his Heirs that Remainder is void because it doth not depend upon any particular Estate But if Lands be given to I. D. the life of I. D. the Remainder to I. B. his Remainder is good for it is not limited to depend upon a Fee-simple but upon a particular Estate which is onely called an Estate for life of I. B. descendable if Lands be given to B. for 11. years if C. do so long live the Remainder after the death of C. to D. in Fee this Remainder is void for in this case it cannot pass out of the Lessor at the time of the creation of the particular Estate for years but if a Lease be made to B. for life the Remainder to the Heires of C. who is then living this Remainder is good upon a contingency that if C. dye in the life of B. for that Remainder may well pass out of the Leassor presently without be yaunce without any inconveniency because onely the inheritance separated from the Free-hold is in abeyance if Lands be given for life with a Remainder to the right Heirs of I. S. and the Tenant for life dyeth in the life of I. S. this Remainder is void because it died not vest or settled either during the particular Estate or at the time of the determination thereof for until I. S. die no person is thereof capable by the name of the Heir But if Lands be given to I. S. for terme of his life the Remainder to his right Heir in the singular number and the Heirs of his body and after I. S. hath issue a Son and dyeth that is a good Remainder and the Son hath thereby an Estate Tail for although it were unpossible that such Remainder should vest during the particular Estate because during his life none could be his Heir yet it might be and did vest at the instant of his death which was at the time of his determination of the particular Estate Concerning the fourth thing if a man seised of Lands in Fee granteth out of the same a Rent or Common to Pasture or such like things which before the grant had no being to I. S. for terme of life the Remainder to I. D. in Fee this Remainder is void because of this thing Granted there was no Remnant in the grant to dispose And because some heretofore have been of opinion that albeit the same cannot take no effect as another Grant of a new Rent or Common Vtres magis valeat quam operat This is a rule in Law that a thing enjoyed in a superior degree shall not pass under the name of a thing in any inferior degree and therefore if Lands be given unto two persons and unto the Heirs of one of them unto the Husband and Wife and Heir of the Husband and he that hath the Estate of Inheritance granteth the Version of the same Land to another in Fee such Grant is void because the Grantor was thereof seised in a superiour degree viz. in Possession and not in Reversion as appeareth 22. Ed. 4. fol. 2 13. Ed. 3. Brook title of Grants 137. And concerning the first and last thing if a Lease be made of Land for term of life the Remainder to the Major and Commonalty of D. whereas there is no such Corporation therein being this Remainder is meerly void albeit the Kings Majesty by his Letters Pattents do create such Corporations during the particular Estate for at the time of such grant the Remainder was void because then there was no such body corporate thereof capable or potentia propinqua to be created and made capable thereof during the particular Estate but the possibility thereof was then forraign and probably intended The like law is if a remainder be limited to I. the Son of T. S. who had then no Son and afterwards during the particular Estate a Son is born who is named John yet this Remainder is void for at the time of such a Grant as was not to be probably in tender that T. S. should have any Son of that name Also before the dissolution of Abbies if a Lease of Land were made to I. S. for life the Remainder to one that then was a Monk such Remainder was void for the cause before alledged albeit we were deraigned during the particular Estate But if such Remainder had been limited to the first begotten Son of I. S. it had been good and should accordingly have vested in such a Son afterwards born during the particular Estate Rights A Right in Land is either cloathed or naked a Right cloathed is when it is wrapped in a possession Reversion or Remainder a naked Right which is also most commonly called a Right is when the same is separated from the possession or Remainder by dissessin discontinuance or the devesting and separating of the possession as for example if a Lease of Land be made for life to I. S. the Remainder to I. D. in Fee in this case I. S. hath a Right cloathed with a Remainder
because of such alienation but is put to his Writ If a man seized in the right of his Wife or if a Tenant in Tayle made a Feoffment and died the Wife might not enter nor the Issue in Tayle nor he in Reversion but are put to the Waction Now the wife may enter by the Statute 3 2. H. 8. and a recovery suffered by the Tenant by curtesie or by the Tenant after possibility of issue extinct or for terme of life is now made no discontinuance Such things that pass by way of a grant by deed without livery and seizin cannot be discontinued as a reversion or Rent-charge Common c. A Release or Confirmation without Warranty maketh no discontinuance CHPP. XVI DISCENTS DIscents which take away entries is where a man disseizeth another and dieth and his heire entreth or maketh a Feoffment to another in Fee or in tayle and he dieth and his heire entreth these discents put a man from his entrie A discent during minority marriage non sanae mentis imprisonment or being out of the Realm do not take away an entry Discents of Rents in gross the Lord notwithstanding may distrain A dying seized of a terme for life or of a Remainder or Reversion doth not take away an Entrie he must die seized in Fee and Frank-Tenement A diseizin cannot be to one joynt-Tenant or Parcener alone if it be not to the other If a condition be broken after a discent the Donor Feoffor or his heires may enter A wrongfull diseizin is no discent unless the diseisor have quiet possession five years without entrie or claime 32. H. 8. CHAP. XVII CONTINUALL CLAIME COntinual Claime is a demand made by another of the propertie or possession of a thing which he hath not in possession but is withholden from him wrongfully defeateth a discent hapning within a year and a day after it is made and now by the statute within five years CHAP. XVIII REMITTER REmitter is when by a new title the Frank-Tenement is cast upon a man whose entrie was taken away by a discent or discontinuance he shall be in by the elder title as if Tenant in tayle discontinue the tayle and after diseizeth his continuance and dieth thereof seized and the land discend to his Issue in that case he is said to be in his Remitter viz. seized his Ancient Estate tayle When the entrie of a man is lawful and he taketh an estate to himself when he is of full age if it be not by Deed indented or matter of Record which shall estop him it shall be to him a good Remitrer A Remitter to the Tenant shall be a Remitter to him in the remainder and reversion CHAP. XIX TENURES ALL lands are holden of the King immediately or of some other person and therefore when any that hath Fee dyeth without heire the lands shall escheate to the Lord. And they are holden for the most part either by Knights service or in Soccage Knights Service draweth to it Ward Marriage and Relief viz. Of Ward Marriage and Relief THe heire male unmarried shall be in Ward untill 21 years of age If he be married in the life of his Anceâ—tors yet the Lord shall have the profit of the â—â—nd till his full age None shall be in Ward during the life of â—he Father If the heire refuse a convenient marriage he shall pay to the Lord the value when he cometh to full age If the Ward marrie against the will of the Guardian he shall pay him the double value of his Marriage but if the heire be of the full age aforesaid he shall pay a relief A relief for a whole Knights Fee is 5 l for half a Knights Fee 50s. for a quarter 25 for more more for less less accordingly A Relief is no service but is incident to a Service the Guardian must not commit Waste viz. Chattels Tenure in Soccage TEnure in Soccage is where the Tenant holdeth of his Lord by fealty suit oâ— Court and certain Rent for all manner of Service The Lord shall not have the Wardship but a relief presently after the death of his Tenant A Relief for Soccoge land is a years renâ— and is to be paid presently upon a discent oâ— purchase As if the Land were held by Fealty and 10s. Rent per annum â—0s. shall be paiâ—… for Relief The next of the kin to whom the inheritance may not discend shall have the Wardship of the Land and of the heire untill his age of 14. years to the use of the heire at which age the heire may call him to account If the Guardian die the heire cannot have an Action of account against the Executor of the Guardian The Executor of the Guardian may not have the Wardship but some other of the next of kin the Husband may not alien the interest of the Wife in the Guardianship nor hold it if she die it may not be sold If another man occupie the Lands of the heire as warden in Soccage the heire may call him to account as Guardian If the Guardian hold the Lands after the heire is 14. the heire shall call him to account as his Bailiff Gavill-kinde THe next of kin shall have the Guardianship of the body and lands untill the heire be 15. years of age Diversities of ages A man hath but two ages The full age of Male and Female is one and twenty A Woman hath six ages THe Lord her father may distrain for ayd for her marriage when she is seven She is double at nine She is able to assent to Matrimony at twelve She shal not be in Warde if she be fourteen She shall go out of Ward at sixteen She may sell or give her lands at 21. No man may be sworn in any Jury before he be 21. before which age all gifts grants or deeds as do not effect by delivery of his own hands are void and all others voidable except for necessary meat drink and apparrel c. An infant may do any thing for his own advantage as to be Executor or such like an Infant shall sue by his next friend and answer by his Guardian Gavill-kind The heire may give or sell at fifteen years of age 1. The land must discend not be given him by Will 2. He must have full recompence 3. It must be by Feoffment and livery of seizin with his own hands not by warrant of Attorney nor any other conveyance BY the Civil Law an Infant may be Executor at 17. years of age An Infant may make a Will of his goods at 14. years of age and a Maid at 12. CHAP. XXI RENTS There are three manners of Rents Rent-Service Rent-Charge Rent-Seck REnt-Service is where a man holdeth his lands of his Lord by certain Rent and so forth Rent-Charge is granted or reserved out of certain Lands by Deed with a clause of distress Rent-Seck is a Rent granted without a distress or Rent-service severed from other service becometh a Rent-seck The Reversion of a Rent
not fixed with Screwes Tenant in tayle may make a lease for such lands or inheritance as have been commonly letten to farm if the old lease be expired surrendered or ended within one year after the making of the new But not without impeachment of Waste nor above 21 years or three lives from the day of the making reserving the old Rent or more 32. H. 8. By Indenture of Lease by Tenant in tayle for 21 years made according to the forme of the Statute rendring the ancient or more Rent If the Tenant in tayle die it is a good lease against â—his Issue But if a Tenant in tayle die without Issue the Doner may avoid this Lease by entrie 32. H. 8. 28. And if he in the Remainder do accept the Rent it shall not tie him for that the Tayle is determined the Lease is determined and void Ed. â— 19. The Husband may make such a Lease of his wifes lands by Indenture in the name of the husband and wife and she to seale thereunto and the rent must be reserved to the husband and his wife and to the heires of the wife according to her estate of Inheritance A Lease made by the husband alone of the Lands of his wife is void after his death But the Lessee shall have his Corne. By the husband and wife voidable if it be not made as aforesaid If a man do let Lands for years or for life reserving a Rent and do enter into any part thereof and take the profit thereof the whole Rent is extinguished and shall be suspended during his holding thereof The aceptation of a re-demise to begin presently is suspension of the Rent before any entrie otherwise of a re-demise to begin in suturo Reservations and Exceptions THere are divers words by which a man may reserve a Rent and such like which he had not before or to keep that which he had as Tenendum reservandum solvendum saciendum it must be out of a Messuage and where a distresse may be taken and not out of a Rent and it must be comprehended within the purport of the same Word Exceptions of part ought always to be oâ— such things which the Grantor had in possesion at the time of the Grant The heire shall not have that which is reserved if it be not reserved to him by special words If a man make a Feoffment of Lands and reserve any part of the profits thereof as the grass or the Wood that reservation is void because it is repugnant to the feoffment A man by a Feoffment Release Confirmation or Fine may grant all his right in the Land saving unto him his Rent-charge c. Things that are given only by taking and useing As pasture for four Bullocks or two loads of Wood cannot be reserved but by way of Indenture and then they shall take effect by way of Grant of the Grantor during his life and no longer without speciall Words Exceptions of things as Wood Myne Quarrie Marle or such like if they be used it is implied by the Law that they shall be used and the things without which they cannot be had is implied to be excepted although no c. But otherwise if they be not used then the way and such like must be excepted An Assignee may be made of Lands given in Fee or for life or for years or of a Rent-charge although no mention be made of the Assignee in the Grant But otherwise it is of a promise Covenant or Grant or Warranty If a Lessee do assigne over his terme the Lessor may charge the Lessee or assigne at is pleasure But if the Lessor accept of the Rent of the Assignee knowing of the assignement he hath determined his acception and shall not have an action of debt against the Lessee for Rent due after the assignement If after the assignement of the Lessee the Lessor do grant away his Reversion the Grantee may not have an action of debt against the Lessee If a Lessee do assigne over his interest and die his Executor shall not be charged for rent due after his death If the Executor of a Lessee do assigne over his interest an action of debt doth not lie against him for rent due after the assignement If the Lessor enter for a condition broken or the Lessee do surrender or the terme end the Lessor may have an action of debt for the arrearages A Lease for years vending rent with a condition that if the Lessee assigneth his terme the Lessor may re-enter The Lessee assigneth the Lessor receiveth the Rent of the hands of the assignee not knowing of the assignement it shall not exclude the Lessor of his entrie A thing in a Condition may be assigned over for good cause as just debt as whereas a man is indebted unto me 20. pounds and another do owe him 20. pounds he may assigne over his Obligation unto me in satisfaction of my debt and I may justifie the suing for the same in the name of the other at my own proper costs and charges Also where one hath brought an action of debt against I. N. which promiseth me that if I will aide him against I. N. I shal be paid out of the sum in demand I may aid him An assignee of Lands if he be not named in the condition yet he may pay the money to save his Land But he shall receive none if he be not named the tender shall be to the Executor of the Feoffees Assignee shall alwayes be intended he that hath the whole estate of the assignor that is assignable a Condition is not assignable and not of an Executor or Administrator if there be such an assignee the law will not allow an assignee in the law if there be an assignee indeed so long as any part of the estate remaineth to the assignor the tender ought to be made to him or his heires it serveth yet a colourable payment to the heire shall not veste the estate out of the assignee as a true payment will viz. Covenant CHAP. XXXVI SURRENDERS A Surrender is an Instrument testifying with apt words that the particular Tenant of Lands or Tenements for life or years doth sufficiently consent that he which hath the next immediate Remainder or Reversion thereof shall also have the particular estate of the same in possession and that he yeildeth or giveth the same to him for ever Surrender ought forthwith to give a present possession of the thing Surrendred unto him which hath such an estate where it may be drowned A Joynt-Tenant cannot surrender to his fellow Estating of things that may not be granted without a Deed may be determined by the Surrender of the Deed to the Tenant of the Land Lease for years cannot surrender before his Term begin he may grant he cannot surrender part of his Lease Surrenders are in two manners In Deed. In Law A Surrender in Law is when the Lessee for years doth take a new Lease for more years A Surrender
rather beat him then suffer him to take or carry them away CHAP. XLIV How far other mens Contracts and misdemeanours do binde us A MAN shall be bound by many Trespasses of his wife but not to sustain corporal punishment for it For Murder Fellony Battery Trespass borrowing or receiving of money in his Masters name by a Servant the Master shall not be charged unless it be done by his command or came to his use by his assent If I command one to do a Trespass I shall be a Trespassor or otherwise if I do but consent There is no accessary in Trespass We shall be charged if any of our family lay or cast any thing into the high way to the noisance of his Majesties Liege People Every man is bound to make recompence for such hurt as his beasts shall doe in the corne or grass of his neighbour though he knew not that they were there and for his Dogs Beares c. if they hurt the goods or Chattell of any other for that he is to govern them A man shall not be charged by the contract of his wife or his servant if the thing come to his use having no notice of it But if he command them to buy he shal be charged though they come not to his use or had notice therof If a Wife or Servant use to buy or sell if he sell his Masters Horse and exchange his Oxe for wheat that cometh to his Masters use his Master may not have an action of Trespass for it but he shall be charged for the corn and the other need not to shew that he had warrant to buy for him If a man-servant that keepeth his shop or that useth to sell for him shall give away his goods he shall have Trespass against the Donee But if I deliver my Goods to another to keep to my use and he do give them away I shall not for the Donee had notice whose goods they were as in the case of the servant If a man make another his general receiver which receiveth money and maketh an acquittance and payeth not his Master yet that payment dischargeth the debtor If a servant keep his Masters fire negligently an action lieth against the Master Otherwise if he bear it negligently in the street If I command my servant to distrain and he doth ride on the distress he shall be punished not I. If a man command his servant to sell a thing that is defective generally to whom he can sell it deceit lieth not against him Otherwise if he bid him sell it to such a man it doth A Contract or a promise made to the wife is good when the husband doth agree so it is to a servant and it shall be said to be made to the husband and Master himself If a man taketh a wife that is in debt he shall be charged with her debts during her life if she die he shall be discharged CHAP. XLV Wills and Testaments Having hitherto treated of such contracts as de take effect in the life time of the parties with their differences it is now to deale with Instruments which take effect after their Deaths that those things which they have preserved with care and gotten with paines in their life might be left to their posterity in peace and quietnesse after their Death of which sort are last Wils and Testaments There are two sorts of Wils Written and Nuncupative ANuncupative Testament is when the Testator doth by Word onely without writing declare his Will before a sufficient number of Witnesses of his Chattels onely for Lands passe not but by writing It may for the better continuance after the making be put in writing and proved But it is still a Testament Nuncupative A written Testament is that which at the very time of the making thereof is put in writing by which kind of Testament in writing only Lands and Testaments pass and not by word of mouth only Two things are required to the perfection of a Will by which Lands pass viz. First writing which is the beginning Secondly the death of the Devisor which is the finishing In a Will of Goods there must be an Executor named otherwise of Lands A man may make one Executor or more simply or conditionally for a time or for parcel of his Chattels If no Executor be named then it still retaineth the name of last a Will and shall be annexed to the Letters of Administration in regard of the Gift Gavil kinde Lands may be devised by custome Lands bolden In Socage tenure all is devisable Knights Service 2 parts 3 in writing FEAR fraud and flattery three unfit accidents to be at the making of a Will A woman may make a Will of the goods of her husband by his consent and license by Word is sufficient and of the goods she hath as Executor without his consent but she cannot give them unto him A boy after his age of fourteen and a Maid after her age of twelve may make a Will of their goods and Chattels by the Civil Law The will of the Donor shall be alwayes observed if it be not impossible or greatly contrary to the Law A Devisor is intended Inops consilii and the Law shall be his Counsell and according to his intent appearing in his Will shall supply the defect of his words A Prerogative Will is five pound in another Diocess A man may not traverse the Probate of a Testament or Letters of Administration directly but he may say against the Testament that the Testator never made the party his Executor CHAP. XLVI DEVISES A Devise ought to be good and effectual at the time of the death of the Devisor The Devisee may not enter into the terme or take a Chattell but by the delivery of the Executor But he may sue for it in Court Christian Into Frank-tenement or inheritance he may enter Devisees are Purchasees as if a Lease for years be Willed to a man and his Heires the Heire shall have it for Heire is a name of purchase here A Reversion of Lands or Tenements will pass by the name of Lands and Tenements in a Devise If a man devise all his Lands and Tenements a Lease for years doth not pass where he hath Lands in Fee and also a Lease there otherwise it will If a man devise all his goods a Rent-charge which he had for years will pass and all other his personall Chattells And if a man give all his moveables to one he shall have all his Horses Cattell pans and personall chattells and all his immoveables to another he shall have all his Corn growing and fruit on his Trees and the chattells reall A man may devise Lands or goods to an Infant in the mothers belly or goods to the Church-wardens of D. There is great diversity where the property is devised and when the occupation is devised A man may devise that a man shall have the occupation of his Plate or other chattells during his life or