Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	wool_n	year_n	yield_v	26	3	8.1672	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A42922	The orphans legacy, or, A testamentary abridgement in three parts ... : wherein the most material points of law, relating to that subject, are succinctly treated, as well according to the common and temporal, as ecclesiastical and civil laws of this realm : illustrated with great variety of select cases in the law of both professions, as well delightful in the theorie, as usefull for the practice of all such as study the one, or are either active or passive in the other / John Godolphin.	Godolphin, John, 1617-1678.	1674 (1674)	Wing G946; ESTC R8268	410,843	382

should Devise the. Immoveables only Indefinitely or design this Money only to be Let out at Interest There is a great quarrel among the DD. for this Engine of all mischief is of a very Metalsome quality whether Money actually out at Interest be within the notion of Moveables some affirm it others deny it comprising it under the notion of Debts which seems most rational But Money in Cash hath gain'd the more received opinion of its being comprehended within a Legacy of Moveables albeit it happen to be much in quantity or designed for a Purchase so as it be not for that end of a great quantity But in such Places where by common usage of Speech Houshold-goods are mainly and frequently meant or intended by the word Moveables or if it be such Money as was only designed by way of Trade for Merchandise the Testator being also a Merchant and the quantity be great or if the Testator bequeath all his Moveables in such a House excepting none at all In all such cases Money how acceptable soever it otherwise be yet is not admissable to any comprehension within a Legacy of Moveables Nor when any certain place is added to the Legacy as if the Testator should say I give my House to A. B. with all the things therein none excepted No Money found hid in the Wall of a House albeit the Testator should say be the Moveables of what kind or Condition soever 10. And as for Debts Bonds and Obligations for Money owing they are not within a Legacy of Moveables be the place where they are added or not added to the Legacy but make of themselves a third kind of Goods distinct from the former unless in such places where Custom prevails That Obligations touching things Moveable shall be computed among the Moveables and touching things Immoveable bequeathed among the Immoveables 11. If the Testator saith I give part of my Goods to A. B. he shall have the Moiety thereof for by saying a Part and not what Part the one half is regularly to be understood yea though the Testator himself had but the one half of the thing bequeathed yet the Legatary shall have a Moiety of that half and albeit the Testator should say a certain part But if he saith any part or what part soever then be it never so little the Legatary must therewith be content and the Executor is discharg'd 12. Lastly whatever was formerly said touching that Litigious subject of Money though by some formerly held as none of the Testators Goods or Chattels either Moveable or Immoveable yet now the Law understands Money better than to exclude it out of that notion and the opinion is now as Currant as Money it self That it is part of the Moveable Goods of the Deceased unless it be Money arising of the Sale of Lands Tenements Or Hereditaments appointed by the Testator in his last Will and Testament to be sold or Money comming of the Profits of the said Land for any time to be taken This Money is indeed by the Statutes of this Realm excluded from being reputed as any of the Goods or Chattels of the person so Deceased 13. Also by a Bequest of Moveables will pass the Industrial Fruits of the ground or such as are there sown by the Industry of Man in expectation of a speedy removal thence with increase But not the Natural Fruits or such as grow of their own accord without any great labour or cost for these are not reputed Moveables unless they were separated at the time of the Testators death Thus Trees and Grass together with the Land whereon they grow descend to the Heir as parcel of the Freehold But the Corn growing thereon belong to the Executor as part of the Testators Goods and Chattels 14. Where one bequeaths all his Goods and Chattels or all his Corn or all of any other thing by such bequest doth pass not only All the Testator hath of that thing at the time of making his Testament but also All he hath thereof at the time of his death And not only the All thereof which he hath in Possession but also what thereof he hath not in Possession but Expectation But if he limit this All to a certain place or as to or in the occupation of some certain person then no more will pass by such Bequest than what he hath in such Place or in the occupation of such a person at the time of making the Testament 15. And therefore a man may bequeath by Will not only those things which he hath at the time of making thereof but also such things as he is to have or may have afterwards Thence he may bequeath the Corn that shall grow in such Ground the next year after his death or the Wool or Lambs his Flook of Sheep shall yield the next year after his death But in case there shall be no such Corn Wool or Lambs the next year then the Legacy proves fruitless Yet if the Testator bequeaths 20 Quarters of Corn or 20 Lambs and doth Will that the same shall be paid out of the Corn that shall grow or out of his Flock the next year and there be no such Corn or not so many Lambs the next year yet the Devise is good and must be paid The Reason of the difference is because in the former Case there is such a Restriction and Limitation set to the Legacy as renders it questionable whether it might ever become due or payable In the latter there is only Demonstration how it shall be paid and nothing of any such Restriction as calls the Legacy it self into question In the former there is a tacite Condition in the latter the Legacy is Absolute CHAP. XXII Law-Cases touching Money Bequeathed by the Testator 1. IN the last precedent Chapter it hath been Examined how far Money may be comprised under the notion of Goods Moveable or Immoveable bequeathed It follows now that for the clearer illustration of this Desirable subject we insert certain Cases in the Law touching the same And because when Money is bequeathed it often happens that a more than ordinary power is given to or Latitude left in the Executor by the Testator It is requisite in the first place to see how far a Legacy of Money left to the will of an Executor is good or not which cannot well be Resolved without considering the several ways of disposal thereof as thus viz. 2. The Testator saith I would have 10 l. given to A. B. if my Executors mind were not against it In this case A. B. cannot have the 10 l. unless he can first obtain the Executors consent for it because a Legacy in that manner given is tacitely Conditional and first requires the Executors Approbation even by the Testators mind and intention for the performance thereof But if once the Executor gives his consent he must then pay the 10 l. and cannot

Lease for years worth Fifty pound per annum or more out of which he payes Ten pound yearly Rent and dies in this Case not the full value of the Land yearly but only so much as is above the said Rent shall be deemed Assets in the hands of the Executor or Administrator Or suppose the deceased dies possessed of Goods and Chattels to the value of Two hundred pound and in debt to M. Two hundred pound and to N. One hundred pound and to O. Fifty pound and to P. Twenty pound and Composition is made with M. for Sixty pound or other Summ more or less under Two hundred pound In this Case the Executor is deemed to have Assets chargeable to the other Creditors for so much as is above the Summ so compounded unto Two hundred pound Or where a man is indebted Forty pound to one and Thirty pound to another and dies leaving but Forty pound in all and his Executors agree with the Creditor of Forty pound for Ten pound and have his Acquittance for the Forty pound yet the Thirty pound remaining in their hands shall be Assets 2. If Executors do Recover any Dammages for Trespass or other wrong done to the Testator the money recovered will be Assets in their hands as well as Debts recovered upon Bonds or Bills or Lands by them taken in extent upon Statutes Recognizances or Judgements Yea without ever having these monies Executors may make them Assets in their hands viz. by making Releases or Acquittances or Acknowledgement of Satisfaction for this amounteth to a Receit and chargeth the Executors towards the Creditors with the whole penal Summ though possibly they receive but part as the Principal or some such proportion But Debts or Dammages recovered by a Judgement had by the deceased in his life-time whereof no Execution was are not Assets in his Executors or Administrators hands until Execution be made yea though Execution be made and the Dammages so recovered that they be gotten into the Executors hands or possession yet if the Judgement be Erroneous and the Execution avoidable it shall not be deemed Assets in his hands for which Cause a Debt Sued and Recovered by one as Administrator to A. B. and afterwards a Testament made by A. B. produced and proved is not Assets in the Administrators hands because the Executor in the said Testament may recover it from him 3. A Mortgage Redeemed is Assets unless the Executors redeemed it with their own money Likewise Goods of the Testators redeemed by the Executor with the Testators money are Assets in the Executor it is otherwise if the Executor having no monies of the Testators doth redeem them with his own money If the Testator grant a Lease for years or Horses Sheep Plate or other Cattle unto A. upon some Condition that A. did not perform after the Testators death in this Case the Chattel reverts and comes back to the Testators Executors and is Assets in their hands Also if A. Covenant with B. to make him a Lease of such or such Land by such a day and B. dieth before the day and before any Lease made now must A. make the Lease to the Executor of B. and the Lease so made to him shall be Assets in his hands because the Executor shall have the Term only as Executor So if A. undertake to deliver in to B. Twenty loads of Coles Wood or other Merchandize whatsoever and this is not performed in the life of B. but afterwards to his Executor this shall be Assets in his hands as well as the money recovered in Dammages for non-performing should have been Likewise any Goods or Chattels whatsoever given or bequeathed to any person by the Testator upon a Condition certain and the Condition not afterwards performed by such Conditional Legatary the said Goods and Chattels conditionally bequeathed do revert to the Executor and become Assets in his hands 4. Encrease gotten to the Executors by Merchandizing with the Testators Goods shall be Assets in their hands and shall charge them Likewise Dammages recovered by an Executor in an Action of Trespass shall as aforesaid be Assets and yet they were never in the Testator Also if a Lease be made to one for life the Remainder to his Executors for years and he dieth this will be Assets in the hands of his Executors though it never were in the Testator So where a Lease for years is bequeathed to A. for life and after to B. who dieth before A. although B. never had this Term in him so as that he could grant or dispose it yet shall it rest in his Executor as his Goods and be Assets in his Executors hands Likewise a Remainder for years so in the Testator that he might grant or dispose it at his pleasure though the same fell not in possession to the Testator in his life-time yet this is Assets to the Executor even whilst it continues a Remainder and before it falleth into possession because it is presently valuable and vendible In like manner Gain gotten by Trading as aforesaid with the Testators money Wool growing upon Sheep after the Testators death also the encrease of Sheep or other Cattel after the Testators death though never in the Testators actual possession shall yet be Assets in the Executor Likewise a Feoffment made to the Feoffors use for life and after him to the use of his Executors or Assigns for a certain number of years that number of years shall be Assets in the hands of the Feoffors Executor Also Goods hypothecated or pledged to the deceased in his life-time and not redeemed or the money thereof when redeemed is Assets in the Executors or Administrators hands Likewise the money raised by the Sale of the deceaseds Lands sold by his appointment by the Executors for the payment of his debts as when the deceased did in his life-time appoint that his Executors shall sell his Lands to pay his debts shall as aforesaid be Assets in the Executors hands Also if Executors had a Villein for years and the Villein purchased Lands in Fee and the Executors entered they had a Fee-Simple but it was Assets The reason was because they had the Villein in auter droit viz. as Executors to the use of the dead And if Executors having Assets do wast it or pay Debts or Legacies in any other order or method than the Law hath prescribed they must answer it out of their own Estates 5. Debts due to the Testator be not Assets in the Testators hands so as to charge him for the payment of Debts and Legacies until Judgement and Execution had or they be otherwise recovered received or released by him And an Executor paying the just value of the Testators Goods to the Creditors may retain the same Goods in his hands which nevertheless shall not afterwards charge the Executor as Assets But if question be concerning the value it is received by all that the