Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	body_n	heir_n	male_a	2,095	5	11.8517	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B08635	The case of John James the lessee of George Durdant, plaintiff against William Richardson, defendant in a writ of error in Parliament.		1680 (1680)	Wing C932A; ESTC R173528	1,237	1

The CASE of John James The Lessee of GEORGE DURDANT Plaintiff against William Richardson Defendant in a Writ of Error in PARLIAMENT JOHN James brought an Ejectione Firme in the Court of Kings-Bench for certain Lands in Staines in the County of Middlesex upon the Demise of George Durdant against the Defendant Richardson upon Not Guilty pleaded The Jury finds a Special Verdict viz. That Henry Wicks Esq being seized in Fee of the Lands in question the sixth of June 1657. made his Will in writing and thereby devised the said Lands in these words viz. I give unto John Higden and his Heirs during the Life only of Robert Durdant Eldest Son of my Nephew Andrew Durdant Deceased my Lands in Staines upon Trust to suffer the said Robert Durdant during his Life to receive the Rents and Profits he the said Robert committing no waste and after the Decease of the said Robert Durdant I do give the said Lands unto the Heirs Male of the Body of him the said Robert Durdant now living and to such other Heirs Male and Female as he shall hereafter happen to have of his Body That George Durdant the Plantiffs Lessee at the time of the Will made and at the Death of the Devisor was the only Son and Heir-Male apparent of the said Robert Durdant That the said John Higden and Robert Durdant after the Death of the Devisor by Fine and Feoffment sells away the said Land to the Defendant Richardson and his Heirs of the Yearly value of Forty Pounds for Three Hundred and Fifty Pounds the said George Durdant being then a Minor That after the Death of Robert Durdant the said George Durdant enters upon the Defendant Richardson and makes a Lease of the said Land to the Plaintiff John James After many solemn Arguments the Court of Kings-Bench was of Opinion That George Durdant hath a good Title to the Lands in question by the meaning of the Will notwithstanding the Sale made by John Higden and his Father Robert Durdant and gives Judgment accordingly for the Plaintiff For First The Devisor intended no greater Estate either to John Higden or Robert Durdant than during the life of the said Robert Durdant Secondly By the words Heirs-Males of the Body of him the said Robert Durdant now living George Durdant as his Eldest Son and Heir Apparent takes an Estate in remainder immediately vested in him and cannot be said to depend in contingency upon the death of his Father Robert Durdant for the words now living relating to the words Heirs-Males no other sence can be made of them but by applying them to George Durdant who though he be not an Heir in a strict sence during his Father's life yet in an improper sence and according to common Parlance he may be said to be Heir to take an Estate in remainder and unless such a construction be made of the first words Heirs-Males the words now living and likewise the subsequent words viz. and to such other Heirs-Male as he shall hereafter happen to have of his Body must be construed vain idle and superfluous which is absurd and contrary to the constant practice in the exposition of Wills then consequently if there be an Estate in remainder vested in George Durdant the Fine and Feoffment cannot destroy it The Defendant Richardson brought a Writ of Error in the Exchequer Chamber where the Judgment for the Plaintiff in the Kings-Bench was reversed To reverse the Reversal in Exchequer Chamber and that the first Judgment may stand the Plantiff hath brought the now Writ of Error in Parliament