Selected quad for the lemma: king_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
king_n	write_n	write_v	writing_n	77	3	8.5695	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A65445	The office and dutie of execvtors, or, A treatise of wils and executors, directed to testators in the choise of their executors and contrivance of their wills with direction for executors in the execution of their office, according to the law, and for creditors in the recovery of their debts : expressing the duty, right, interest, power and authority of executors, and how they may behave themselves in the office of executorship : with divers other particulars very usefull, profitable, and behovefull for all persons, be they either executors, creditors or debtors : compiled out of the body of the common-law, with mention of such statutes as are incident hereunto.	Wentworth, Thomas, 1568?-1628.; Doddridge, John, Sir, 1555-1628.	1641 (1641)	Wing W1358; ESTC R15205	180,173	328

any Legacie it must bee a dead and void gift And suppose a man have much more and intendeth all to his wife brother or sister or other friend his debts being by such person paid since the very making of that party Executor without any more amounteth to thus much and effecteth this what needeth then more words Frustra fit per plura quod fieri potest per pauciora as we often speake touching legall passages It is needlesse to write foure lines where two be sufficient Nor is Testatio mentis here wanting since the Testator hath made knowne who should have the Administration of his goods for payment of his debts and it is to be presumed he had no more speciall Will since hee did not declare more but left his Executor further to have and doe Prout lex postulat And who can say here is nothing to execute Is the suing for and collecting of debts due to the Testator and the payment of debts owing by him nothing Nay it is rather in hoc negotio the Vnum necessarium Besides the making of an Executor is a designment of a person to be the Testators assigne to whom and by whom divers things may be feasible by vertue of covenants bonds or other assurances as after where we come to shew how the Executor represents the person of the Testator will appeare Also of one who as our Bookes often speake is to dispose the Testators goods for the best advantage of his soule but insteede of that since as the tree falleth so it will lye or rest I will say as is most for the honor and reputation of the Testator Of the kinds of Wills NOw Wills are of two kinds or may be two wayes made viz. either by writing or Nuncupative that is by words not put in writing during the Testators life for after the Testators death this Verball Will must be reduced to writing and have the seale of the Ordinary or Judge spirituall thereto affixed and then is it as effectuall and of as good validity as if it had beene in writing in the Testators life time and so doth the Common Law allow and approve thereof But I advise all to make Wills by writing and not to leave them to the doubtfull fidelity or slippery Memory of witnesses for as of Leases Parroll hath beene said that they be Leases perjured or of perjury So of Wills Parroll may be feared Besides many times a man doth speake and declare this or that as part of his Will which his wife child or friend disswading he letteth that purpose and part of Will to fall departs from it Yet witnesses wishing it to stand will perhaps affirme it as part of the Will As for a Will gift and disposition of Land of inheritance if it be not fully written before the death of the Testator or Doner so farre at least as concernes the disposition of Land it cannot be for that part made good by reducing it to writing after his death as for goods and chattels it may Yet if it be written before the death of the Testator though it never be brought to him or reade to him after the writing thereof it is good enough and that not onely for Land as the Case in King Ed. 6. his time was but also for goods and chattels so as there be an Executor named But whether shall wee say that this is a Will Nuncupative or in writing And surely I thinke that this is a Will in writing and not verball only though it want subscribing for wee know that many cannot write their names but onely markes and what is that Nay suppose one want hands and cannot write so much as his name yet doubtlesse this man may make a Will in writing that being written by his direction as his Will which he dictated nor is the subscribing of the name of the maker any essentiall part of a Deede much lesse of a Will which needes not sealing as a Deede doth Now put we the case on the other side that many Bequests or Legacies be named in a Will and many things expressed to be done but no Executor is named in the writing onely by word of mouth A. and B. be named Executors This I thinke confidently is no Will in writing but Nuncupative onely for that one essentiall part of the Will viz. the making of Executors is wanting in the writing Nay the appointing of him Executor who is named in a note left with A. B. is no sufficient making of an Executor saith the Summist And of such Nuncupative Will Master Perkins reasonably saith that it properly hath place when one suddenly taken with sicknesse violent dares not stay the writing of his Will for feare of prevention by death and therefore prayes his Curate and others to witnesse what his Will is To this Will not written there must be seven witnesses and such as come not by chance but are especially called for that purpose saith the Summest What shall amount to a making one Executor or what words requisite thereunto HAving before made it to appeare that the being of an Executor is an essentiall part of a Will and so de esse and not bene esse onely of a Will or Testament Let us now see First by what words an Executor may be made Secondly De modo In what manner it may be done How the power and authority of Executors may be limitted or divided As to the first though one do not expresly by Will name or appoint any to be Executor Yet if by any words or circumlocution he recommend or commit to one or more the charge and office which pertaines to an Executor it amounts to as much as the ordaining or constituting of him or them to be Executors As if he declare by his Will that A. B. shall have his goods after his death to pay his debts and otherwise to dispose at his pleasure or to that effect By this is A. B. made Executor as was conceived by the Judges in the late Queenes time And long before that was it held that if one doe onely Will that A. B. shall have the Administration of his goods he is thereby made Executor Yea in the said late Queenes time one giving divers Legacies and then appointing that his debts and Legacies being paide his wife should have the residue of his goods so that she put in security for the performance of his Will By this without more was shee an Executor as was held by three Iust viz. Manwood Harper and Mounson in the Lord Dyers absence And so also where an Infant was made Executor and A. and B. Overseers with this that they should have the rule and disposition of his goods and payment and receipt of debts untill the full age of the Infant by this were they held to be Executors in the meane time And if A. be made Executor and the Testator after in his Will expresseth that B. shall Administer also