Selected quad for the lemma: hand_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
hand_n	write_n	write_v	writing_n	168	3	8.9121	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

if he write thus I make my Wife my of this my last Will and Testament leaving out this word Executrix yet in this Case his Errour shall not hurt it for the Law doth presume more was spoken though less was written and therefore she shall be taken for Executrix Swin part 4. sect 25. numb 7. Molin in l. 1. c. de Test sect de verb ob numb 8. in fin 11. Also if there be no Witnesses of a written Testament yet if it be certain and undoubted that the Testament is written or subscribed with the Testators own hand it is sufficient but if it be doubted whether it is his hand or no then the Testimony of Witnesses is necessary to confirm the same to be the Testators own hand or where there is no suspition of fraud proof may be made and allowed by comparing of hands with other writings signed by the Testator Maschard de probat verb. Testament Conclus 1352. numb 60. Swin part 4. sect 25. numb 8. Michael Grass Thesaur com opinionum sect Inst. Q. 16. n. 6. 12. Having spoken of a written Testament we shall now shew what a Nuncupative Testament is and that is where the Testator by word of mouth before a sufficient number of Witnesses doth declare his mind and names his Executor and this Testament is of as great force and efficacy as a written Testament except where Lands Tenements and Hereditaments are devised and to the making of this Nuncupative Testament no precise form of words is required neither is it material whether the Testator speak properly or unproperly so that his meaning do appear as is shewed before It is called Nuncupative à Nuncupando id est Nominando of naming an Executor and is most commonly made when the Testator is very sick and weak and past all hope of recovery Molineus in l. 1. sect Test ordin ff de verb. ob numb 8. in fin Just Instit sect de Test. ordinandis in fine Minsing in D. sect final Swin part 1. sect 12. part 4. sect 26. Terms of the Law verb. devise Noyes Maximes pa. 96. Perkin numb 476. 13. If such a Testament be put in writing after the Testators death yet it remains a Nuncupative Testament still Noyes Maximes pa. 96. Swin part 1. sect 11. numb 2. in princ 14. A man hath that priviledge in a written Testament which he cannot have in an Nuncupative Testament for in a Nuncupative Testament he must publish declare his minde but in a written Testament he may seal up his minde and keep it secret till after his death onely it be●ooves him to shew the same after it is sealed up to some Witnesses and say unto them This is my last Will and Testament or Herein is contained my last Will and so let them set their hands to some part thereof or otherwise to take such special Notes and Marks thereof as that they be able to prove the Identity of the writing after the Testators death and in such Case it is good enough though none of the Witnesses were privy to the Contents thereof Paris Consil 19. vol. 3. numb 25 26. c. Maschar Tract de probat Conclus 10. 1352. numb 173. Clar. sect Test. Quest 4. numb 3. Swin part 1. sect 11. numb 6 7 8 9. Simo. de Praetis de Interpretat ult volun l. 1. f. 31. 15. As touching priviledged Testaments there are three sorts thereof viz. Testamentum Militare Testamentum inter liberos Testamentum ad pias Causas That is a Testament made by a Souldier a Testament made by a Father amongst his Children and a Testament made for good and Godly uses Some other there are also but their priviledges are but small in comparison of these Mantica de Coni●●●u 〈…〉 voluntat lib. 1. Tit. 5 〈…〉 part 1. sect 13. 16. As to the first of these it is observable among the Civilians That a Souldier in Arms and in actual service of Wars is not disabled by any of those impediments whereby others are di●abled to make their Testaments except in Cases of Furor or lack of Reason and for other causes also when he is disabled Jure gentium And whereas there be divers which be prohibited to be Executors or Legataries to other persons yet notwithstanding they be Executors or Legataries to a Souldier except in some few Cases And whereas also no other person can die with two Testaments yet a Souldier may and both Testaments shall be deemed good according to the will and meaning of the Testator And likewise whereas another person cannot by the Civil Law die partly Testate and partly Intestate yet a Souldier may Minsing in Tit. de Milit. Testamen Instituend in principio Fitz. Abr. Tit. Execut. num 26. Franc. Mantica de Conject ult vol. l. 6. Tit. 1. num 32. Swin part 1. sect 14. Mich. Grass The saur com opin sect Testam Quest 3. num 1. Swin part 7. sect 11. num 5. 17. As to the Second where the Father maketh his Testament and nameth his lawful and natural Children his Executors and giveth them the residue of his Goods to this kind there also belongeth several priviledges for if there be found after the Testators death two Testaments of divers Tenors and it doth not appear which is first nor which is last in this Case the Testament made in favour of the Testators Children shall be deemed the later and shall take place whereas if neither be in favour of the Children nor otherwise priviledged then both are void except it be in case of a Souldier who by the Civil Law may die with two Testaments as aforesaid Also a Testament made in favour of Children is not so easily revoked as other Testaments are for whereas in other Testaments the former is revoked by the latter and that ipso jure without any express revocation yet by the Civil Law a Testament among Children is not revoked by a latter Testament wherein strangers are preferred unless it be mentioned and revoked by express words or unless the latter Testament be made ad pias Causas or else some great Displeasure or Enmity have happened betwixt the Father and Children or some like cause have come to pass whereby it may be made appear that the Father did repent him of the making of the said Will. And lastly another priviledge belonging to this Testament is That if there be no Witnesses to prove the same yet if the Testament be found among other Writings in the Testators Chest or like place and undoubtedly appear to be written or subscribed with the Testators own hand or by him procured to be written by some other then in such Case it is good enough but this Priviledge also is allowed to all other Testaments here with us in England as is shewed before in Num. 11. See the next Chapter Num. 33 40. Clar. sect Test Quest. 100. Franc. Mantica de conject ult volunt l. 6. Tit. 2. Swin part 1. sect 14. Mich. Grass Thesaur commun opin sect Testam

Parol Codicil shall be put in writing and affixed to the VVill as a Codicil and this may as well be done as a VVill in writing may be revoked by Parol Hill 22 Car. 1. Pasc 23 Car. 1. in B. R. Styles Regest Practicale p. 357. Pasc 14 Eliz. Dyer fol. 310. 51 If the Testator make his VVill by Parol which is afterwards put by another into writing and he put more in then the Testator did express yet it is good as to so much as can be proved was expressed by the Tastator by Parol and the rest is void Pasc 24 Car. 1. B. R. Styles Regest Practicale p. 357. 52. One went beyond Sea and wrote back a Letter that his Land should go in such manner and it was adjudged to be a good Will and Devise of his Land Ahr. Moors Rep. p. 63. pl. 299. Wests Case 53. If the Testator being of sane Memory desire another person to set his Hand and Seal to his Will for him and he does so this is a good Will though the Testator did it not himself Pasc 1650. B. R. Styles Regest Practicale p. 358. 54. If a Parol Will be put in writing and is afterwards embezelled lost or destroyed yet the Will is not thereby destroyed if it can be proved by Witnesses but if it come in question whether a Will be good or not in such Case proof doth not avail for matter of Law is to be decided by the Judges and not by Witnesses nor Juries Ad quaestionem Facti non respondent Judices Ad quaestionem Juris non respondent Juratores Hill 22 Car. 1. Pasc 24. Car. 1. B. R. Styles Regist. pract p. 357,358 Cowel on Litt. fol. 155. b. 55. If a Testament bear date at Cane in Normandy and be proved in England it is good enough for the Executor to bring an Action upon Perkins numb 494. 56. Note that a man may dye partly Testate and partly Intestate by the Laws of this Realm though it 's contrary to the Civil Law and this he may do not onely in respect of time but also in respect of goods and place for if a man have goods in diverse Diocesses he may make Executors of his goods in one Diocess and dye Intestate as touching his goods in another Diocess or if a man make one Executor particularly of a certain portion of his goods the Executor is onely so far chargeable with the payment of the Debts and Legacies of the Testators as the portion of the goods to him allotted do extend unto and as touching the residue of the Testators goods if there be not another Executor appointed then for such goods he is said to dye Intestate and Adminstration may be taken of them Bro. Executor numb 2. 154. F. N. B. numb 26. eod Tit. Plo. ●o fol. In Fox and Grieshies Case Swin part 4. sect 18. numb 4. CHAP. III. Who may make a Testament and who not 57. EVery person both man and woman Christian and Jew sound or sick and generally of what Estate or Condition soever he or she be of hath full power and liberty to make a Testament or last Will and may therein dispose of their goods and Chattels saving such persons as be prohibited by Law or Custom as hereafter followeth Mich. Grass Thesaur com opin sect Testament Quaestio 20. numb 1. Swin part 2. sect 1. numb 1. 58. By the Stat. 34 H. 8. Wills or Testaments made by any person within the Age of twenty one years of any Mannors Lands Tenements or other Hereditaments is not good nor effectual in the Law for till that Age by the Common Laws of this Realm they are accounted Infants 34 35 H. 8. c. 5. Wingate Abr. Stat. Tit. Will. numb 22. Dr. Stud. l. 1. c. 21. l. 2. c. 28. Swin part 2. sect 2. numb 1. 59. But a Boy of fourteen and a Girl at twelve years of Age by the Civil Law may make their Wills and Testaments of their Goods and Chattels and that not onely without the authority or consent of their Curator or Guardian but also without the authority and consent of their Parents and though it be made but in the very last day of fourteen or twelve years yet it is good enough but before that age it is not good although the Boy were a Souldier or that the Testament were made Ad pias Causas or with consent or authority of the Tutor Mich. Grass Thesaur com opinion sect Testament Quaestio 20. Perkins numb 503. Cowels Instit. p. 122. Swinbor part 2. sect 2. num 6 7 8. Noyes Max. pag. 97. 60. Mad folks and lunatick persons during the time of their Furor or insanity of mind cannot make a Testament nor dispose any thing by Will no not ad pias causas nay though they come to their perfect understanding afterwards yet this doth not make the Testament to take any effect which was made during such Furor but if these mad or lunatick persons have clear or calm intermissions then during such time they may make their Testament and appoint Executors and dispose of their Goods at their pleasure and the Furor going before the making of such Testament shall not prejudice it Reformat Leg. Ecclesiastic Tit. de Testament cap. 7. Pacis consultum p. 80. Mich. Grass Thesaur com opin sect Testam Quest 2. 17. Swin part 2. sect 3. 61. Also if a man of sound memory who was never taken with any Lunacy or Insanity of mind do make his Testament of his Goods or Lands and afterwards is taken with Lunacy or Insanity of mind a little before his death which often happens through the extremity of their sickness yet this doth not hurt the Testament which was made before or if a lunatick person or one that is besides himself sometimes make his Testament and it is not known whether the same were made when he was of sound mind or no in this Case if no Argument of Frenzy or Folly appear in the same then it shall be conceived to be made in his calme Fit and so adjudged a good Testament But on the contrary if any Folly appear in the same though it be but two or three words as if he say ● Peter when his name is John then it makes the Testament void as being presumed to be made during the insanity of mind Mich. Grass Thesaur com opin sect Testam Quest 21. Vasque de succes progres lib. 1. sect 1. num 90. See Co. 4. lib. Rep. fol. 61. Swin part 2. sect 3. num 4. 14 15. 62 Note that every person is presumed to be of sound mind unless the contrary be proved and therefore those that intend to make void a Testament by reason of insanity of minde must prove the same impediment and if it be proved that the Testator was beside himself before the making of the Testament although they do not prove him to be mad at the very time of making the Testament yet it is sufficient and it lies on the