end of their life viz. a Testament CAP. XXIII Of a Testament A Testament is the full and compleat declaration of a mans minde or last Will of that he would have to be done after his death 1. Testament Quid. Termes of the Law Lit. Broo. Sect. 300. Coo. super Lit. 111. Swinb of Wills 24. It is in Latin Testamentum i. Testatio mentis the witnesse of a mans minde and to devise by Testament is to speak by a mans Will what his minde is to have done after his death And this is sometimes called a Will or last Will for these words are Synonima and are as it seemes promiscuously used in our Law Howsoever by the Civill Law it is then only said to be a Testament when there is an Executor made and named in it and when there is none Codicâ—â— Quid. but a Codicill only for a Codicill is the same that a Testament is but that it is without an Executor and a man can make but one Testament that shall take effect but he may make as many Codicills as he Will. And by the Common-Law where Lands or Tenements are devised in writing albeit there be no Executor named yet there it is properly called a last Will and where it doth concerne Chattels only a Testament He that doth make the Testament Testator â—â—testate is called the Testator And when a man dyeth without Will he is said to die intestate Of Testaments there be two sorts namely a Testament in writing Quotuplâ—x Perk. Sect. 476. Coo. super Lit. â—11 or a written Testament which is where the minde of the Testator in his life time by himself or some other by his appointment is put in writing And a Testament by word or without writing which is where a man is sick and for feare least death or want of memory or speech should surprize him that he should be prevented if he stayed the writing of his Testament desireth his neighbours and friends to beare witnesse of his last Will and then declareth the same presently by words before them And this is called a Nuncupative or Nuncupatorie Testament And this being after his Nuncupative death proved by Witnesses and put in writing by the Ordinary is of a great force for any other thing but land as when at the first in the life of the Testator it is put in writing A Codicill also is in writing or by word as a Testament is The Civilians have other divisions of Wills and Testaments as solemn and unsolemn priviledged and unpriviledged whereof the Common Law maketh no mention The parts of every compleat Testament whereof it doth consist 〈◊〉 The 〈◊〉 of it Termes of the Law tit Devise Coo. super â—â—tt 211. Swinb lib. 1. c. 7. are two 1. The making of Devises or giving of Legacies 2. The making and Ordination of an Executor for a Testament can bee no more without then a Codocill can be with an Executor A Devise or Legacy is where a man in his Testament doth give Devise or Legacy Quid. any thing to another the first of these termes is properly applied to the gift of lands and the last to the gift of goods or chattels and therefore a Devise strictly is said to be where a man in his Testament doth give his lands to another after his decease and a Legacy is said to be where a man in his Testament doth give any chattell to another to have after the death of the Testator but the word is promiscuousâ—y applied to the one and to the other And hee that gives by such a Will is called the Devisor and he to whom the thing Devisor Devisee or Legatee is given the Devisee or Legatee And a devise is sometimes simple and without condition as Dyer 317. 7â— Coo. super Littl. 217. Swinb 132. 134. 136 where I give my land to another and his heires or I give 20l. to Quotuplex another without more words And sometimes it is with a condition which is when there is a quality added to the devise or legacy whereby the effect of it is suspended or hindred and it is thereby made to depend on some future event And this condition in this case may be made almost by any words as if I give to one Conditionall Devise my land if he pay 20l. to my daughter or so as he pay 20l. to my daughter or paying 20l. to my daughter or I give one 20l. if he marry my daughter or when he shall marry my daughter or I give my wife 20l. a yeare whiles she shall live unmarried or I give to him or to whomsoever shall marry my daughter 20l. or the like in all these cases the devise is conditionall The first kind of devise is called by the Civilians a simple assignation and the latter a conditionall assignation An Executor in a large sense s taken for any one that is appointed New Terms of the law Coo. 8. 135. Plow 288. Coo. super â—ittl 209. Coo. 9. 40. to have the disposition and ordering of the goods and chattels of a man that is dead And so there are three kinds of Executors Executor Quid. the first is à lege constitutus who is therefore called legitimus and such a one is the Ordinary of the Diocesse who hath ordinary Iurisdiction in matters Ecclesiasticall the second is à Testatore constitutus Ordinary who is therefore called Testamentarius and hee is strictly and properly called an Executor and is defined to be one appointed by a mans last Will and Testament to have the disposing and administration of all or part of a mans goods and chattels and to perform a mans last Will and Testament according to the contents thereof the third is ab Episcopo constitutus who is therefore said to be Dativus And such a one is an Administrator who is defined to be one that hath the goods and chattels of a man dying Administrator intestate committed to his charge by the Ordinary for want of an Executor And his power benefit and charge is in all things equall to the power benefit and charge of an Executor The Executor and Administrator also is sometimes universall or totall 〈◊〉 one that hath the power and disposition of the whole Dyer 4. Brâ— Executor 155. Coo. 6. 19. Quotuplex personall estate committed to him And sometimes he is particular or partiall i. one that hath the power and disposition of some part of the estate or of all the estate for a time only committed to him And sometimes he is absolute i. such a one that hath an absolute power of the estate as Executor or Administrator and sometimes he is conditionall i. one that hath a limited and conditionall Coo. super 〈◊〉 209. St. 81. E◠〈◊〉 c. 11. Coo 9. 40 8. 135. power of the estate only And in both cases he shall be Represent the person of the Testator charged and
it it shall be deemed in earnest but if it bee by way of discourse only or of somewhat â—e would do hereafter or the like it shall be taken for nothing The third thing required in a good Testament is that the minde of the Testator in the making of it bee free and not moved by Thirdly in respect of the occasion or motive of it Swinb 283. 284. 285. 286. feare fraud or flattery for when a Testator is moved to make his Testament by feare or circuâ—vented by fraud or overcome by some immoderate flattery the samâ— is void or at least voidable by exception And therefore if a man by occasion of some present fear or violence or threatning of future evils do at the same time or afterwards by the same motive make a Testament this Testament is void not only as to him that put him so in feare but as to all others albeit the testator confirm it with an arch But if the cause of feare be some vaine matter or being weighty is removed and the testator doth afterwards when the â—eaâ—e is past confirm the Testament in this case perhaps the Testament may beâ— good And if a man by occasion of some fraud or deceit bee moved to make a Testament if the deceit be such as may move a prudent man or woman and if it be evill also the Testament is void or voidable at the least but if the deceit be light and small or if it be to a good end as where a man is about to give all his estate to some lewd person from his wife and children and they perswade the Testator that the lewd fellow is dead or the like and thereby procure him to give his estate to them this is a good Testament And one may by honest intercessions and modest perswasions procure another to make himselfe or a stranger Executor to him or the like and this will not hurt the Testament Also a man may use fair and flattering speeches to move the Testator to make his Testament and to give his estate unto himself or some friend of his exâ—â—pt it be in case where the â—latterer doth first beate or â—hreaten him or put him in fear or to his â—lattery joineth fraud and deceit or the Testator is a person of weak judgement or under the danger or government of the â—latterer as when the Physician shall perswade his Patient under his hands to make his Testament and give his estate to himself or the wife attending on her husband in his sicknesse shall neglect him and continually provoke him to give her all or where the perswader is importunate and wil have no denial or when there is another Testament made before for in all these cases the Testament wil be in danger to be avoided And if I be much priviâ— to another mans minde and he tell me often in his health how hee doth intend to settle his estate and he being sick I doe of mine own head draw a Will according to his minde before declared to me and bring it to him and ask him whether this shall be his Will or no and he doth consider of it and then deliver it back to me and say yea this is a good Testament But if otherwise some friends of a sick man of their own heads shall make a Will and bring it to a man in extremity of sicknesse and read it to him and ask him whether this shall be his Will and he say yea yea Or if a man be in great extremity and his friends presse him much and so wrest words from him especially if it be in advantage of them or some friends of theirs in these cases the Testaments are very suspiâ—ious But as touching these two last things Quâ—re how they shall avail in the Wills of land which are not regulated so much by the Civill Law The fourth thing required in the making of a good Testament is Swinb 112. Broo. Test 20. Fourthly in respect of the manner and form of the disposition that that form and order that the Law prescribeth be observed in the the disposition And therefore 1. that there be an Executor named in all Testaments of goods and chattels and that that Executor named be capable of the Executorship for this is said to be the head and foundation of the Testament for if there be never so many First naming of an Execuâ—or Legacies given and no Executor made this disposition is but a a Codicill and cannot properly bee called a Testament for in this case the party dead is said to die intestate and the Administration of his goods must be granted to the Widdow or next of kinne whereas on the other side if an Executor be appointed albeit there be no Legacy given yet this disposition is and is properly said to be a Testament 2. If the Testament be of lands or Tenements it must be Secondly if it be of lands it must be in writing in writing and it must be committed to writing at the time of the Stat. 32. 34 〈◊〉 8. Perk. Sect. 476 47â— Dyer 72. Plow 345. Coo. 4. 60. Dyer 53. making thereof And it is not sufficient that it bee put in writing after the death of the Testator being first made by word of mouth only for then it is but Nuncupative still But if the Testament bee first made by word of mouth and be afterwards written and then brought to the Testator and he approve it for his Testament Or if the Testator when he doth declare his minde doth appoint that the same shall be written and thereupon the same is written accordingly in the life time of the Testator these are good Testaments of land and as good as if they be written at the first If therefore one be very sick and another come to him and ask him whether his wife shall have his land and he say yea and a Clerk being present doth put this in writing without any precedent commandement or subsequent allowance of the sick man this is no good Testament of the land So if one declare his whole minde before Witnesses and send for a Notary to write it and die before he come and he write it after his death this is no good Testament for his lands but a good Nuncupative Will for his goods and chattels except he declare his minde to be that it shall not be his Will unlesse it bee put in writing for then perhaps it may not be a good Will for his goods and chattels So if â—he that doth write the Will cannot hear Adâ—udged Trin. 10. 〈◊〉 the party speak and another that stands by the sick man doth tell him what he doth say in this case if there be none others prâ—sent to prove that he reported the very words of the sick man this will be no good Testament of the Land But if a Notary take direction from the sick man for his Will and after goe away and write it and then doth
bring it againe and reade it to the Testator and he approve it Or if it be written from his mouth by the Notary according to his minde and his mind were to have it written albeit it be not shewed or read to him afterwards these are good Testaments So if the Notary doe only take certaine rude noâ—â—s or directions from the sick man which he doth agree unto and they bee afterwards written faire in his life time and not shewed to him againe or not written faire untill after his death these are good Testaments of lands If a sick man bid the Notary make a Testaâ—ant of his lands but doth not tell him how and the Notary make a devise of it after his own minde this is no good Testament and yet if it be after read unto and approved by the Testator it may be good And so if a Testament bee found written in the Testators house and not known by whom and it be read unto and approved by the Testator this is now a good Testament in writing for lands and Thirdly useâ— and lands by custome and chattels devisable without writing goods 3. Uses of lands before the Statute of uses might and lands and tenements devisable by Custome and goods and chattels may be disposed by word without writing and such Testaments of such things so made are good 4. It is not materiall in what matter Swinb paâ—t 4. Sect. 25. 26. or â—â—uffe whether in paper or parchment noâ— in what language whether Fourthly the matter or hand wherein and whereby it is written in Latin French or any other tongue nor in what hand or letters whether in Secretary hand Roman hand or Court hand or in any other hand a Testament be written so it be faire and legible that it may be read and understood Neither is it materiall whether the same be written at large or by notes or characters usuall or unusuall as xx s for twenty shillings or when the figure 2 is used in stead of the letter A if it be usuall in the Testators writing or the like for the Testament is good notwithstanding So also iâ— some words be omitted or sentences improper used when the intent and meaning is apparant as where a man saith I make my wiâ—e of my this my last Will and Testament leaving out the word Executrix yet the Testament is good and this shall be understood But if it be so done as it cannot be read or by reading the minde of the Testator cannot be known then is the Testament void and of no force In like manner as a Nuncupative Will is when the words spoken are so ambiguous obscure and uncertaine that thereby the meaning of the Testator cannot be known nor understood 5. Where Fifthly â—ealing and subscribing the Testators name noâ— needfull Perk. 476 477. writing is needfull as in the case of disposition of land it is there â—ealing of the Testament or subscribing of the Testators name is not necessary And therefore if a man by himselfe or another doe make a Testament of his land and doe not put his Seale or name to it if hee agree to it this is a sufficient Testament 6. If whiles the Testator is making his Will and whiles he intendeth Swinb 6. â—it Broo. Sect. 300. Swinb part 7. Sect. 10. Coo. 〈◊〉 â—1 Sixthly interruption in the making of the Will to proceed further at that time either by adding diminishing or altering he bee suddenly stricken with sicknesse or insanity of minde whereby he cannot proceed but gives it over in the middest and so he die it seemes in this case the whole Will is void And yet if a man begin his Will and make perfect Devises to one and then of himselfe give over untill another time or if a man make a perfect Devise to one and then die before he can make any Devise to any others it seemes these are good Testaments for as much as is done And therefore it is said if one command another to make his Will and by it to devise White Acre to I S and his heirs and Black Acre to I N and his heirs and he write the Devise to I S and his heiâ—s and the Testator die before he can write the Devise to I N and his heires this is a good Devise to I S but a void Devise to I N and his heires But if a man bid the Notary write a â—evise of his land to I S upon condition and the Notary write the Deviâ—e to I S but the Testator dyeth before he can write the condition in this case the whole Devise is void But a man may if he Swinb 13â— please make a Testament of part of his goods and die â—ntestate for the rest and that disposition he doth make is good for so much 7. The last thing required to the perfection of a Testament is that it bee Seventhly in respect of the proofe of it and what shall be said a sufficient proofe of a Testament or not proved for if it be never so well made and be in truth the Testament of the Testator yet if it cannot be by proofe made to appear so it is but a void Testament and of no force at all And therefore herein these things are to be known 1. That a Nuncupative Testament Swinb paâ—â— 7. Sect. 13. part 〈◊〉 〈◊〉 2â— must be proved by two Witnesses at the least and those must be such as are without exception 2. A written Testament when it is written with the Testators own hand doth prove and approve it selfe and therefore need not the help of Witnesses to prove it And for this cause if 〈◊〉 mans Testament be â—ound written faire and perfect with his own hand after his death albeit it be noâ— subscribed with his name sealed with his Seale or have any Witnesses to it if it be known or can be proved to be his hand it is held to be a good Testament and a sufficient proof of it selfe but if it be sealed with the Seale and subscribed with the name of the Testator and can be proved by Witnesses it is the more authentick And when it is found amongst the choise evidences of the Testator or fast locked up in a safe place it is the more esteemed for if it be written in another hand and the Testators hand and Seale or one of them noâ— to it albeit it be â—ound in such a place as before yet some proof will be expected of it further by Witnesses in that case And iâ— a writing be found under the Testators own hand yet if it be but a scribled writing written Copie-wise with a great distance between every line without any date in strange characters with many interlinings and lying amongst his void papers or the like this will not bee esteemed a sufficient testament nor a good proofe of it but it shall be accounted rather a draught or image of the Testators Will for a direction to him
appeare plainly to be the expresse Will of the Testator to revoke the former or unlesse the Testator himselfe did dictate the latter or in case the latter be in favour of the children of the Testator or others who are to have the Administration of his goods if he die intestate 2. When the Testator doth make two Testaments a former and a latter both being written and afterwards lying sick upon his death bed they are both presented unto him and he is desired to deliver to one of the standers by which of them he will have to stand for his last Will and he deliver the former 3. When the latter doth agree in all points with the former for then both of them are as one in divers writings 4. When in the latter Testament there is no Executor named for then it is but a Codicill or addition to the former 5. When the latter is made upon some sudden discontent against the Executor of the former Testament and afterwards he and the Executor are reconciled againe in these and such like cases the latter Testament is no Revocation of the former * Lit. Broo. 55. If the husband licence his wife to make a Testament and after her death he forbid the Probate this is a Countermaund of of the Testament But note here that Revocations in generall are not favoured in Law and therefore he that will a void a former Will by Revocation must see he prove it well 2. * Swinb 〈◊〉 7. part sect â—6 A good Secondly by cancelling oâ— it Testament may become void by cancelling or other destruction of it as where the Testator himself or some other by his commandement doth cut or teare it in pâ—eces deface it or cast it into the fire by this meanes the Testament is made void except it be in case where the Testator doth it unadvisedly or it be done by some other without his consent or by some casualty or when he doth willingly pull away the Seales and then he doth afterwards sâ—ale it againe or where the whole Testament is not cancelled or defaced but some or the chiefe part thereof as the naming of the Executor or the like for it is good still for the residue or where there be severall papers or writings of one ten or each of them containing the whole Testament the cancelling or defacing of some of them doth not hurt the Testament unlesse it can be proved that the Testators mind were to avoid it all or where the Testament is lost in the life time of the Testator or after for in this case so much as can be proved by Thirdly by â—â—teration of the estate oâ— the Testaâ—â—â—â— Witnesses is still in force 〈◊〉 A good Testament may become void by Swinb part 〈◊〉 Sect. 17. alteration of the estate of the Testator as when a man after the time of making the Testament and before his death is convicted or condemned of some great crime for the which the Law depriveth him of the making of a Testament as Treason Felony or the like And yet if the crime be pardoned and purged before his death the Testament may be good enough And if a man of sane and perfect â—â—o 4. 62. memory make his Testament and after become inopsmentis as â—very man for the most part is before his death this doth not hurt the Testament 4. A good Testament may become void by an intention Fourthly by intention to alâ—â—â— it only to aâ—ter it when the Testator is hindered in his intention Swinb parâ— 7. sect 18. that it cannot take effect And therefore if when the Testator intendeth to alter his Testament or to make a new one he be by feare or fraud forbidden or letten that he dare not or cannot alter it or the Notary or Witnesses dare not or may not be suffered to come to him as when a wife or some other that is to have benefit by the former Will under pretence that she hath a charge from the Physitian that none shall come at him or under pretence that he is asleep or the like will not suffer any body to come at him or when the Notary and Witnesses are all present and they make such a noise or quarrelling that they hinder the effect of hiâ— intent or when the Testator is kept from doing it by importunate requests and flattering perswasions in all these cases and by these meanes the former Testament may become void But if it appear the Testator hath no purpose to alter the Testament when hee is let as as aforesaid the feare is a vaine feare the Testator is prohibited at another time and not the time when he doth intend to alter the Testament but he hath sundry opportunities after that time to doe it and doth it not or he is drawn only by the faire speeches of a wife or friend or by the weeping or other trouble arising from the griefe of the Legatary or Executor for the Testators sicknesse only he is disturbed in these cases perhaps it may not be void And where it is void by the prohibition of a Legatary only it is void for so much as doth concern him only and not for the rest of the Testament 5. A good Testament may become void by making Swinb paâ—â— 7. â—ect 11. Perk. Sect. 479. another of the same date for if two Testaments be found after the Fifthly by making another of the sâ—me date death of the Testator and it cannot be discerned or proved which was made former or latter the one of them doth overthrow the other and both of them are become void except they be both to the same purpose or one of them be made in favour to wife and children c. and the other to strangers And yet in the first case also the Testator by declaration of his minde which of them he will have to take effect may make either of them good 6. A good Sixthly by the declaration of the Testator Testament may be made void by the declaration of the Testators minde as if a man have two Testaments lying by him the one made after the other and they are both shewed or delivered to the Testator when he lyeth sick and hee by word or signe declare that he will have the former to stand this declaration doth revoke the latter and affirme the former And where a man would revoke a Will for any of these causes he must presently after the death of the Testator put in a Caveâ—t or exception in that Court where the Will is to be proved and thereupon proceed to question it or by a prohibition in some cases he may stay the Probate in the Spirituall Court See more infra at Numb 12. If a woman covert without the leave of her husband make a 6. Where a Testament void voidable in his Inception may become good by some matter or accident ex post â—acto And where not Perk. Sect. 501. Coo. 〈◊〉 99.
2. 55. Testament of her husbands goods and the husband doth after her death connive at the Probate and deliver the goods accordingly hereby the Testament of the wife is become good but if an Infant or mad man make a Testament in the time of his Infancy or madnesse and after the Infant or mad man become of full age or sober before his death it seemes these Testaments are void And yet if the Infant at his full age or the mad man when he is sober make a publication of this Testament it may perhaps bee good If a man make a former and a latter Will and by this latter the former is revoked and after the Testator declare himself that the Perk Sect. 479. Coo. 〈◊〉 61. Plow â—44 former shall stand by this the former that was void before is now become good againâ— And yet if a man make a Will that is void and it be proved after his death this Probate will not make it good but it doth remaine void as it was before If a Feme sole make a Will and then take a husband whereby the Will is countermanded and so become void if her husband die so that she become sole againe this accident will not make the Will good againe but it doth remaine void still but perhaps by a new publication after shee doth become sole it may become good againe See more infra at Numb 11. To the making of a good and sufficient Devise these things are 7. What shall be said a good and sufficient Devise or Legacy or not â—ee before at Numb 4. requsiite 1. That there be a devisor and that he be a person able to devise and that both in respect of the condition of his owne person and of the thing whereof the Devise is made 2. That there be a Devisee and that hee bee a Person capable and able to receive the thing devised either at the time when the Devise is made or at least when the Devise is to take effect 3. That the Devisor have at the time of the devise made animum tostandi i. a mind to make a devise 4. That the Will of the Devisor be free and not drawn or coacted by fraud slattery feare or the like 5. That the Devise be made in due manner and forme 6. That the thing devised be a thing devisable 7. That it be devised First in respect of matter touching the Devisor and who mâ—y be a Devâ—â—â—r upon lawfull termes and conditions 8. That there be words sufficient Perk. Sect. 40â— See before at Numb 4. and after at Numb 17. to make his mind known 9. That it bee proved after the death of the Devisor 10. And if it be a Devise of land it is further required that the Devisor be solely seised of the land and not jointly seised with another and that he be seised of an eâ—â—ate in â—eesâ—mple and that the Devise be in writing And for the first of these it is to be known that whosoever may make a Testament may make a devise of the same thing of which he may make a Testament Et sic è converso And whosoever is disabled to make a Tâ—stament is disabled to devise by such a Testament And therefore Inâ—ants may not devise their lands untill they be 21 yeares of age nor their goods and chattels untill they be 14 yeares of age or as some say untill they be 18 yeaâ—es of age a Coo. super Litt. 110. 4. 61. â—â—oo Devise 32. Women that have husbands cannot devise their lands to their own husbands or others either by or without their husbands consent albeit there be a custom to enable them thereunto but all such devises are void b Perk. Sect 496. And Spirituall persons as Archbishops Bishops Deanes Archdeacons Secondly in respect of the matter touching the Devisee And who may be a Devisee And by what name Prebends Persons Vicars or any member of a Corporation may not devise the lands or goods they have in the right of their churches and Corporations And for the second thing this is to bee known 1. that regularly whosoever may be a Grantee may be a Perk. Sect. 50â— 510. Swinb 212. see infra aâ— Numb 18 Devisee or Legaâ—ee And therefore a Devise made to any person or persons male or female children or strangers bondmen or freemen Lay men or clerks debtors or creditors Infants or men of full age women sole or covert Colledges Universities Corporations or the like are good But it is said that if any Legacy be given to an Heretick Apostate Traitor Felon Excommunicate person Out-lawed person Bastard unlawfull Colledge Libelier Sodomite Usurer Recusant convict it is void by the Civill Law except it be in some speciall cases And yet it seemes a Devise of lands to any such person is good within the Statute of Wills c Dâ—er 303. 304. B. R. Curia Mic. 13. 〈◊〉 A Devise to an Infant in the womb of its mother at the time of the death of the Testator is void d New Termes of the Law â—it Devise See infra Numb 11. And yet if a man devise to such an Infant and hee happen to bee borne before the death of the Testator it seemes in this case the Devise is good for it is a rule e 9. Ia. B. R. That the Devisee must be capable of the thing devised at the time of the death of the Devisor if it be then to take effect in possession or if it be a remainder he must be capable of it at the time when the remainder shall happen or otherwise the Devise is void f Litt. sect 168. Litt. Broo. sect 55. And a man may devise his lands goods or chattels to his own wife as well as to any other 2. But he that may be thus a Devisee and is capable of a thing devised must be certainly named and described â—ncertainty for if a Devise be to a person altogether incertaine the Devise is altogether void g M. 19. Iâ— Curia B. R. Crumpe versus Bodie And therefore if I give my land to my best friend or to my best friends these are void Devises So if I give my land to a Vicar and say not to what Vicar this Devise is void and no averment will help in this case h Coo. 6. 68. Swinb 293. 29â— 295. 296. If one have two Averment sonnes of one name called I S and he devise to his sonne I S without any distinction it seems this Devise is void for uncertainty but in this case perhaps an averment which son is meant may help So if one give to I S 20l. and there be two or more of that name this Devise is void except it may be proved by some thing which of them he meant So if one say in his Testament I give to one of the world 10l â—his Devise is void for incertainty So if one give him 10l whose name is written in a
And the executor or administrator of the Lord shall have Fines assessed upon the Tenants upon their admittances in the Lords time c Stat. 32. H. 8. cap. 37. Coo. 4. 48. Dyeâ— 575. And if I make a Fcoffment in Fee gift in tail or lease for life rendring Rent and the rent is behind and then I dye in this case the arâ—erages of Rent due to me in my life time shall go to my executor or administrator in the nature of a chattell So if a Rent be granted out of land to me in Fee-simple Fee-tail for life or years and it be not paid to me in my life time these arrerages shall go to my executor or administrator and not to any other d â— N. B. 120. L. And so also if a Parson have an annuity in Fee in the right of his Church and it be behind and the Parson dye in this case the executor or administrator not the successor of the Parson shall have the arrerages e Dyer 275. And if I be seised of land and possessed of a stock of cattell and let it to another for years and he covenant by the Lease to pay me and my wife our heirs and assignes 100l by the year during the term in this case after my death and my wives surviving me her executor or administrator and not my heir shall have this payment f Coo. 4. 63. And if one seised of land in Fee make a Feoffment of it to me excepting the trees and after grant me the trees for years or if he make me a Lease of the land first for years and after doth grant me the trees for a number of years to begin after the end of the term of the land in both these cases I have the trees in the nature of a chattell and if I dye my executor or administrator shall have them g Dyer 283. 34 H. 6. 27. And if a man grant to me the next Presentation to the Church of D in this case if I dye my executor or administrator shall have it as a chattell h See supra at Numb 7. And my wife shall have so much of her wearing apparell as is necessary and convenient for one in her estate and condition and therefore that shall not go to my executor But so much of her wearing apparell as she hath superfluous and more then necessary for her shall go to my executor or administrator after my death And the charters and evidences that do concern any of my chattels which my Broo. chatâ—els 12. executor or administrator is to have shall go with the same chattels So also any Charters whatsoever if they be pledged to me for money shall go to my executor or administrator untill the money be paid But otherwise those deeds and evidences that do belong to the heir as incident to the Inheritance shall not go to my executor or administrator after my death But matters of trust and such things as are personall as offices of trust wardships by reason of a Tenure in Socage or Jure naturâ— or the like shall not go to the executor or administrator after the death oâ— him that hath them So an Plow 29â— Coo. 3. 39. 9. 99. executor or administrator shall not have the grasse and trees growing on the ground no more then the soile or ground it selfe whereon they grow So an executor or administrator shall not have the Incidents of a house as glasse doores wainscot and the like no Kelw. 118. See before at Numb 7. more then the house it selfe nor pales wals stauks fish in Ponds Deere or Conies in Parkes Pigeons in Pigeon houses or the like If a Lease for yeares of land be granted to me and my heires Secondly iâ— respect of the case or to me and my successors and I dye my executor or administrator Coo. 10. â—7 Litt. Sect. â—40 Fitz. Accompt 56 F. N. B. â—20 and not my heire shall have this terme The same law is if a wardship or the next advowson of a Church be granted unto me and my heires or if a Covenant or an Obligation be made to me and my heires for in all these cases this is still a chattell in me that shall go to my executor or administrator and hee onely shall take advantage by it And if my heire or successor happen to get the Deed the executor or administrator may recover it from him And if a Lease be made to me for 20 years without naming my executors or administrators or assignes in the Lease in this case if I dye my executor or administrator notwithstanding shall have it during the terme h Coo. super Litt. 46. And if a Lease for years be made New termes of the Law tit assignes to a Bishop and his successors and he dye his executor or admistrator not his successor shall have it And if a man be possessed of a terme of yeares of land and grant it by deed or give it by Will to me and my heires or to me and my heires males or devise Coo. 895. 10. 87. Plow 524. it by Will to A for life the remainder to me and my heires in these cases I shall have these terms of years as chattels and after my death my executor or administrator shall have them h Litt. Sect. 740. And if a man grant a rent out of his land to me and my heires for 20 yeares and I dye my executor or administrator not my heire shall have this rent i M. 7. Ia. Co. B. Wats case Litt. Sect. 739. And if a rent bee granted to me my heires and executors during the life of I S and for one halfe yeare after and I dye in this case the half yeares rent shall goe to my executor or administrator and not to my heire And if I be seised Dyer 5. of land in Fee and make a Lease for years of it rendring rent and then devise this rent to a stranger and the devisee dye in this case his executor or administrator shall have it And if Lessee for life make a Lease for yeares absolutely this in Law is a Lease for so Coo. 7. 12. many yeares if the life so long live and shall go to the executor or administrator after his death If I have a box chest or trunk wherein my writings that doe Broo. Executors 145. 9â— Fitz. Executors 111. concern my inheritance do lie and the same is open and not sealed or locked in this case my Executor shall have it but if it be locked or sealed contra for then it shall goe to him that is to have the writings as incident thereunto And yet if there be any money plate or any other such like thing in the chest also my Executor shall have that thing The Incidents of a house as glasse-windowes annexed with Coo 4. 63. 21 H. 9. 26â— nailes or otherwise to the windowes the wainscot fixed by nailes skrewes or irons put