hereafter more plenteously So likewise it is of Lands given to an House Ecclesiasticall in pure and frank alms Moreover if Land be given to a man and to his blood or unto him and to his seed he hath in both cases an estate of Inheritance for in the last he hath a fee-tayl and in the other a fee-simple for these words seed and blood and such like do imply words of Inheritance Also if Lands be given to a man and and to his Heirs males or females he hath by this gift a fee-simple because it is not expressed of what body the Issue shall come But now it is to be seen The half-blood who be said to be a mans Heirs in the Law ye shall therefore know that my Brother or Sister by the half-blood that is to wit by the Fathers side and not by the Mothers or contrariwise by the Mothers side and not by the Fathers shall never be mine Heir A Bastard shall be no Heir nor none that come of them neither my bastard can be mine Heir nor mine own naturall Father nor Mother nor Grandfather nor Grandmother can be mine Heir for it is a principle and ground of the Law A ground of the Law That Inheritance may lineally descend but ascend it cannot and therefore if I have Lands in fee-simple and die without Issue of my blood my Father cannot be my Heir but my Fathers Brother or Sister shall and then if my Unkle or Aunt die seized without Issue my Father shall have the Lands as Heir to mine Unkle and not as Heir to me for that cannot be but it may go from me to my Unkle or Aunt well enough for that is not called a lineall ascention but a collaterall descent Also ye shall understand Lineall and Collaterall descent That a lineall descent is when the descent is conveyed in the same line of the whole blood as Grandfather Father and Sonne and so down and collaterall descent is of another branch from above of the whole blood as the Grandfathers Brother or Fathers Brother and so descending And ye shall also note That by the Common Law of this Realm the eldest Sonne shall have the whole Inheritance and after him if he have no Issue the second Sonne and so forth and if I have no Sonnes but Daughters then shall all the Daughters together inherit which be called Coparteners Copartners But if I have no Issue at all neither Sonnes nor Daughters then shall my eldest Brother in heritage succeed me but if I have no Brother then my Sisters if I have any if not my Unkle by my Fathers side if the Lands be of mine own purchasing or if they descended unto me from my Father and to be short if there be none in life of my Fathers side the purchased Land shall go to my Mothers side and if there can be found no Heir neither by my Fathers side nor yet by my Mothers then shall it Escheat Escheat as they call it to the Lord of whom it was holden for every Land must needs be holden of some Lord as shall be hereafter shewed But if Lands descend unto me by my Mothers side then if I fail of Issue the Lands shall descend only to my Heirs of my Mothers side and never to mine Heirs of my Fathers side as on the contrary side if I have Lands or any Tenements by descent from my Father or his blood they shall never descend to my Heirs by my Mothers side And thus you see a great difference in this behalf Diversitie between purchased Land and Lands which descend from an Ancestour If there be three Sonnes and the middle Sonne purchase Lands and die without Issue the eldest shall have the Lands and not the youngest And it is a principle in our Law A ground of the Law That none can be mine Heir of Lands that I hold in the Fee-simple unless he be mine Heir by the whole blood that is to say both by Father and Mother for if a man have Issue two or three Sonnes by sundry Wives and the eldest purchaseth Lands in fee and dieth without Issue his half brethren I mean these that be not his Brethren both by the Fathers side and Mothers side shall not have his Land but it shall go to his Unkle Likewise if a man hath by his first Wife a Sonne and a Daughter and by his second Wife another Sonne and the Sonne by the first Wife purchaseth Lands in fee-simple and dieth without Issue the Sister-germaine that is to say both by the Fathers side and Mothers shall have the Lands by descent as Heir to her Brother and not the younger Brother for as much as the younger Brother cannot in this case be Heir of his elder Brother because he is no Brother-germane unto him Otherwise it is of Lands or other hereditaments entailed as shall be hereafter specified Also if a man be seized of Lands in fee-simple and hath Issue a Sonne and a Daughter by one Wife and after the death of his first Wife a Sonne by another Wife and dieth and the eldest Sonne entreth into the Lands and after he dieth without lawfull Issue of his body the Daughter shall have the Lands and not the youngest Sonne and yet the youngest Sonne is Heir to his Father but he is not so unto his Brother But in this case if the eldest Sonne hath not entred after the death of his Father but had died before any entrie made by him then shall not the Sister-germaine enter but the younger Brother is Heir to his Father because the eldest Brother was never in actuall possession which is requisite to the person that claimeth to be Heir collaterally But to the lineall Heirs it sufficeth that the Ancestour should have been Heir if he had lived I mean as thus a man seized of Lands and hath Issue a Sonne and a Daughter by one Wife and afterwards a Sonne by another he dieth and after his death the eldest Sonne entreth not but dieth without Issue before he can make actuall entrie here in this case his Sister shall not have the Lands as Heir to her Brother because her Brother was not in actuall possession but the younger Brother shall have them as Heir to his Father yet if the eldest Sonne in that case had left behind him Issue of his body whether it had been Sonne or Daughter this Issue notwithstanding that the Father of the Issue was never possessed either actually or in the Law shall have the Lands and shall convey his descent from his Father the cause hereof is this that the Sonne or Daughter is lineall Heir whereas the Brother Sister Unkle Aunt c. be Heirs collaterall and so ye shall observe a diversity Diversitie I call an actuall possession when a man entreth indeed into Lands which be to him descended but a possession in Law is called when Lands be descended to a person and he hath not yet really and
actually entred into them for notwithstanding that he is not in actuall possession yet he is possessed in the Law that is to say Haereditae quid sit in the eye and consideration of the Law he is deemed to be possessed for as much as he is Tenant for every mans Action that will sue for the said Lands or else assuredly there should ensue an intollerable inconvenience as we shall more copiously open in another place Ye shall furthermore understand that this word Inheritance is not only to be accommodate and applied to that which cometh by descent or succession from a mans ancestors or predecessors but also to every purchase in fee-simple or fee-tayle And note That a man can have no larger or greater estate then fee-simple CHAP. XIV Of Fee-Tayle YE shall understand that before a certain Statute called the Statute of West second West 2. Chap. 1. there was no estate tayle but all was fee-simple either purely that is to say without condition or at the least way conditionally Division as appeareth by the presence of the said Estatute but now sithence the promulgation of the Estatute divers forms of Estates Tayle have risen Fee-tayle is when it is prescribed and limited in the gift what sort of Heirs and by whom engendred shall inherit As for example I give Lands to a man and to his Heirs and go no further this is a fee-simple but if I make a limitation and adde of his body begotten now it is a fee-tayle that is to say a fee or Inheritance limited prescribed determinate or assigned So that if I give Lands to a man and to his Heirs he hath fee-simple but if I give Lands to him and to his Heirs of his body lawfully begotten he hath but a fee-tayle forasmuch as I appoint limit prescribe and express what Heirs they shall be and for lack of such Heirs the gift shall be expired and worn out and the Land shall be reverted again to the giver or his Heirs But ye must observe and Note That there be two kinds of fee-tayle there is a generall tayle and there is a speciall tayle Fee-taile generall is where Lands be given to a man and to his Heirs of his body begotten without any mentioning and expressing by what woman they are begotten And therefore if a man be Tenant in the generall tayle of Lands Generall taile and taketh a wife and hath Issue by her and she dieth and afterwards he taketh another wife of whom he hath also other Issue by her either of these Issues is inheritable to this Land entayled But if I express in the gift by what woman the Heirs shall be procreated and ingendered then it is an especiall tayle as for example to make the thing plain Especiall taile If Lands be given to a man and to his Heirs of his body lawfully begotten by Margaret his wife this is an especiall tayle for the Issue of him begotten by another woman shall never inherit by force and vertue of the tayle Likewise it is if Lands be given to a woman and to the Heirs of her body lawfully begotten and shew not by what man this is a generall tayle but if I go forward and say by such a man her husband then it is an especiall tayle Also if I give Lands to a man and to his wife and to the Heirs of their two bodies lawfully begotten this is an especiall tayle as well in the husband as in the wife Semblable it is if a man giveth Lands to another man with his Daughter or Kinswoman in frank marriage Frank-marriage this word frank marriage implieth an estate tayle speciall and in this case as well the man as the woman hath an an estate in the speciall tayle But if I give Lands to a man and to such a woman and to his Heirs that he hath begot of her here the woman hath an estate but for terme of her life and the Husband an estate in the especiall tayle and likewise it is in the womans behalf as if I give Land to a man and to his wife and to her Heirs of her body by her said Husband engendred he hath an estate but for terme of life and she an estate in the speciall tayle but in both cases if I had said to the Heirs and not to his or her Heirs then should either of them have had an estate in the speciall tayle because this word Heirs is as well referred to the one as to the other Ye shall also understand That if Lands be given to a man Descent by Heir males and to the Heirs males of his body this is an estate tayle and in this case the Heir female shall never inherit Also if a man hath Issue and dieth and Lands be given to him and to his Heirs of his body begotten this is a good estate tayle although the father were dead at the time of the gift Finally it is to be noted that of Lands which a man hath in fee-simple the possession of the Brother shall cause the Sister-germaine that is to say the Sister both by Fathers side and Mothers to inherit and in this case the Brother by the half-blood shall not inherit as heretofore was said but of Lands which be entailed Otherwise it is therefore if a man be seized of Lands in the generall tayle and hath issue by his first wife a Sonne and a Daughter and also a Sonne afterwards by another wife and dieth and the eldest Sonne entreth into the Lands and after dieth the Sister-germaine to the eldest Sonne shall not have the Land but the younger Brother of the half-blood because whosoever shall inherit Land or any other hereditaments in tayle must claim them as next and immediate Heir not to him that dieth last seized of the Lands but to him to whom the Lands were first given unto whom in the case before remembred is the Sonne and Heir and not the Daughter Thus ye shall mark a great diversity between the form of succession in the Lands of fee-simple Diversitie and the form in fee-tayle CHAP. XV. Tenant after possibility of Issue extinct WHen Lands Tenements or other Hereditaments be given to a man and to his wife and to the Heirs of their two bodies lawfully begotten if in this case either of them chance to die before they have Issue between them Dispunishable of waste he or she that overliveth is still Tenant in tayle but without possibility of any Issue that can be Heir to these Lands or hereditaments thus entayled and for this cause he or she thus over-living is called Tenant in Tayl after possibility of Issue extinct for in such a Tenant is all possibility of Issue that may be inheritable to these Lands by force of the gift in tayle utterly extinct or quenched and by his or her death the estate tayle shall expire cease and be abolished for ever and shall revert and turn again to the giver or donor from
whence it came Yet forasmuch as the Tenant after possibility of Issue had once an Inheritance in him he shall not be punished by an Action of Waste though he make never so much waste in the Lands and Tenements whereas yet in effect he is but a Tenant for terme of life But if this Tenant doth alien in fee such Lands he in the reversion may enter for the forfeiture And this for Estates at this present time shall suffice Forfeiture but to the intent that ye may the more easily comprehend all the members of the division of Possessions and Estates which men have in Lands Tenements and other Hereditaments it shall not be evill done to set forth as it were in a Table before your eyes the division thereof which is this A Figure of the Division of Possessions Possession de Frank-tenement Selon comonley Estate Dinheritance Fee simple Fee-tayl generall speciall Frank-tenement Apres possibilitie dissue extinct Curtesie Dangl ' Dower Terme de vie Terme daut vie Selon custome que poet este divide en mesme le maner come franktenement al common ley Chattell Reall Terme daus Gard de terre Tener a volunt Personal Biens moveables CHAP. XVI Of Parceners or other Coheirs HItherunto I have made a compendious and short declaration of Estates of all sorts but where I said that among Sisters there is no prerogative or preheminence concerning the inheriting of their Ancestors Lands but that they shall be all together inheritours and make as it were but one Heir it is expedient to make a further declaration and process in this behalf and to shew how and in what manner this partition shall be made But ye shall understand Division of Parceners at the Common Law and Parceners by Custome That there be besides Parceners at the Common Law which be only Sisters also Parceners by Custome which is amongst Brothers contrary to the course of the Common Law and this custome is in some places of Rent and in other places where Lands and Tenements be of the tenure of Gavelkind Ye shall therefore kow That when a man is seized of Land in fee-simple or fee tayle and hath no issue but Daughters and die and the Daughters do enter into the Lands thus descended unto them now they be called Parceners or Co-heirs Writ de partione facienda and by a Writ called de partitione facienda brought by one of them against the others they shall be constrained by the Law to suffer an equall partition to be made of the Lands between them Now partition may be made in sundry wayes one way is when they themselves do make partition between them of the whole heritage and do agree unto the same and do enter every one into her part so allotted unto her Another way is Partition in divers manners when by all their agreements and consent one common friend doth make the partition in which case the eldest Sister shall have the first election and after her the second Sister and so forth but if they agree that the eldest Sister shall make the partition and she maketh it then the eldest shall not choose first but shall suffer all her Sisters to choose before her as it is thought There is also another form of partition which is equally to divide the Lands into so many parts as there are Co-heirs or Parceners and to write every part so divided in a severall scroule of paper and so put the said scroules in a bonet or to inclose them severally in balls of wax and then the eldest Sister to choose which ball she will or to put her hand into the bonet and take a scroule and to hould her to her chance and allotment and so consequently every Sister after other And ye shall note Nota. That Partition by agreement may as well be made by nude and bare words without writing as by writing And if any of the Parceners will not suffer any partition to be made then may the other that would have partition A writ de partritone facienda purchase a Writ called De partitione facienda against them that refuse partition to compell the same to suffer partition to be made accordingly and then by the judgment of the Court the Sheriff by the serement and Oath of twelve men shall make partition between them and shall assign to each Sister her portion as he shall think good without giving any election of choice to the eldest And if two Mannors or Meases happen to descend to two Sisters and the Mannors be not of equall value then may she to whom the less Mannor or Mease is allotted have assigned unto her a Rent proportionably out of the other Mannor for the which Rent she and her Heirs may distrain of common right though they have no writing thereof Finally ye shall understand Distress of Common Right That if a man be seized of Lands in fee-simple and hath Issue two Daughters and giveth with one of his Daughters to another man that shall marry her the third or fourth part of his Land in frank-marriage and dieth if in this case the Daughter that is in this wise bestowed and advanced will have her portion of her fathers heritage she must put her Land given unto her in frank-marriage in hochpot new again Hochpot I mean she must be contented to suffer her said Lands to be commixed and mingled with the other Lands of which her Father died seized in fee-simple so that an equall division may be made of the whole or or else she shall have no part of those Lands of which her Father died seized but if her Father had made unto her a common gift in tayl or feofment in fee she should not need to put her Lands in hochpot but may very well keep and retain them still and also have as good part of the rest of the Lands of which her Father died seized as her other sister or Sisters have Frank-marriage for a gift in frank-marriage is accounted the most free and most liberall gift that can be and that gift which the Law judgeth to be only for the advancement and bestowing of the Daughter whereas feofments in fee-simple and also common gifts in tayle be accustomarily for other causes and for the advantage rather of the giver or feoffer then of the taker And if Parceners make partition of Lands being within age that partition is void And if Parceners in fee-simple make partition and the part of the one is better then the other being of full age of 21. years then the partition is good and cannot be defeated but if it be of Lands in fee-tayle the one part being better then the other that partition may be defeated by their Heirs CHAP. XVII Of Joyntenants HItherunto briefly have we spoken of Coheirs called Parceners of the the Common Law which as is heretofore declared do come to Lands and other hereditaments joyntly by the course operation and act of
the disseisour maketh a feoffment to two men in fee if the person disseized release to one of the feoffees in fee by his Deed then such Release shall inure to both the feoffees because the feoffees have their estate by the Law that is to say by the feoffment and not by wrong done to any other And in like manner if the disseizour make a Lease to a man for terme of life A Release shall inure to him in the remainder the remainder over to another in fee if the disseises will release to the Tenant for terme of life all his right this Release serveth as well to him in the remainder as the Tenant for terme of life And the cause is for that the Tenant for terme of life cometh to his estate by the course of the Law and for this cause the Lease shall inure and take effect by way of extinguishment of the right of him that hath released and by this Release the Tenant for terme of life hath no greater estate then he had before the Release made unto him And yet the right of him that released is all utterly extinct and gone wherefore for as much as such a Release cannot enlarge the estate of the Tenant for term of life it is reason that it shall serve him in the remainder Also if there be two Parceners and the one alieneth his part to another the other Parcener and the alience be Tenants in Common Furthermore Tenants in Common by Title of prescription Tenants in Common may be by Title of Prescription if that one and his Ancestors or they whose estate he hath in the half have holden in Common the same half with the other Tenant that hath the other half and with his Ancestours or them whose estate he hath as undenied time out of mind and ye shall mark that in some case Tenants in Common ought to have of their possession severall actions and in some case they shall joyn in one action Actions severall for if there be two Tenants in Common and they be disseised they ought to have against the Disseisor two Assizes and not one Assize for every one of them ought to have an Assize of his half Assize because they were seized by severall Titles but otherwise it is of Joyntenants for if there be twenty Joyntenants and they be disseised they shall have in all their names but one Assize Assize because they have but one Joynt-Title Also if there be three Joyntenants of whom the one Releaseth to one of his fellowes all the right he hath and afterward the other two be disseised of the whole in this case they shall have in both their names one of the two parts And as to the third part he to whom the Release was made ought to have hereof an Assize in his own name because as to the third part he is Tenant in Common Also as to sue Actions that touch the Realty Diversity there is a Diversity between Parceners that are in by divers discents and Tenants in Common For if a man seized of certain Lands in fee hath Issue two Daughters and die and they enter into the Lands as Co-heirs and each of them have Issue a Son and die without partition made between them so that the one half discendeth to the Son of the one Parcener and the other half to the Sonne of the other and they Enter and Occupie in Common and be disseised in this case they shall have in their two names one Assize and not two Assizes and yet the cause is though they come in by divers Discents yet they be Coheirs and Parceners Also if two Tenants in Common of certain Lands in fee give the same to another man in the tayl or let it to another for term of life yielding an annunity or certain Rent or a pound of Pepper or an Hawk or an Horse and they be seized of these services and afterward all the Rent is behinde and they Distrain for it and the Tenant maketh Rescous in this case Rescous as to the Rent and the pound of Pepper they shall have two Assizes and as to the Hawk and the Horse but one Assize and the cause why they have two Assizes as to the Rent and pound of Pepper is for that they were Tenants in Common by severall Titles and when they made a gift in the tayle for Lease of term of life saving and reserving to them the Reversion and yielding to them certain Rent This Reservation is incident to their Reversion and because their Reversion is in Common and by severall Titles even as their possession was before the Rent and other things which may be severed and which were to them reserved upon the gift or upon the Lease which be incident by the Law to the Reversion Plaint in Assize Therefore such things so severed be of the nature of the Reversion wherefore it behoveth that the Rent and the pound of Pepper which may be severed to be then in Common by severall Titles and of this they shall have two Assizes and every of them in his Assize shall make his Plaint of the half of the Rent and of the half of the pound of Pepper but of the Hawk and the Horse which cannot be severed they shall have but one Assize for it were an absurdity and thing inconvenient to make a plaint in Assize of the half of an Hawk or of the half of an Horse In like manner it is of the other Rents and services that Tenants in Common have in ground by divers Titles And ye shall understand Personall Action that concerning Actions personalls Tenants in Common ought to have them Joyntly in all their names that is to say Of trespass or of offences that touch their Tenements in Common as of breaking of their Houses breaking of their Closes and Pastures wasting and defouling of their Grass cutting of their Weeds and of Fishing in their Ponds and such other they shall recover joyntly damages because the action is in the personalty and not in the realty Damages Also if Tenants in Common make a Lease of their Tenements to another for term of years Tenants in Common shall have one Action of Debt yiedling unto them yearly a certain Rent if the Rent be behind they shall have one action of debt against the Lessee and not divers actions because the action is in the Personalty but in an Avowry for the said Rent they ought to be severed because it is in the realty as be the Assizes CHAP. XIX Of Chattells IT is to be known that as there be Tenants in Common of Lands or Tenements so there be Tenants in Common of possessions and property of Chattells as well Reall as Personall Of Reall as if a Lease be made of certain Lands to two Men for term of Twenty years and when they be thereof Possessed the one granteth that that unto him belongeth during the term to another he to whom
take her to this endowment at the Church door she cannot have her Dower also by the Common Law of the third part of her Husbands Lands or any part or parcell of them Howbeit if she will refuse this Assignment made unto her at the Church door and demand Dower at the Common Law she may so do v ry well A man may also endow his Wife at the time of the Espousals of his own Lands the which he hath by his own possession and that Dower is called Dower ad estium Ecclesiae that is to say at the Church door Dowment ad ostium Ecclesiae Dowment de la plus beale part Dowment de la plus beale part that is to say dowment of the fairest part shall be in this case when a man is seized of Lands which he holdeth of another man by Knights-service and of other Lands which be of Socage tenure and hath Issue which is within the age of fourteen years and die and the Lord of whom the Land is holden by Knight-service entreth in the Land holden of him and the mother of the Child entreth into Socage tenure as Guardian in Socage if in this case the woman will bring a Writ of Dower against the Lord which is Guardian in Chivalry he may plead the speciall Matter and shew how she is Guardian in Socage and hath so much Land and thereupon pay the Court that she may be suffered to endow her self of so much Land being in her own custody as amounteth to the third part of the whole Lands And then the judgment shall be That the Guardian in Chivalry shall retain the Land holden of him quit from 〈◊〉 woman during the nonage of the Ward after which Judgment and Sentence given she may go and in the presence of her neighbours endow her self of the best part of that which is in her custody amounting to the third part of the whole and then is she called Tenant in Dower de la plus beale Finally ye shall understand An. 27. H. 8. That by a Statute made in the 27. year of our most dread Soveraign Lord King Henry the Eight it is enacted That where divers Persons have Estates made to them and to their Wives and to the Heirs of the Husband or to the Husband and Wife and the Heirs of their two bodies begotten or the Heirs of one of their bodies or for terme of both or one of their lives or any other Persons and their Heirs to the use of the Husbrnd and Wife or to the Wife alone for her Joynture in every such case the Woman shall not be suffered to demand any Dowrie of the residue of her Husbands Lands of whom she hath Joynture against any Tenant of the Land but in case she hath no such Joynture then may she demand her â—â—wrie after the course of the Common Law Provided nevertheless that if such Women be lawfully expulsed from their Joynture or any part thereof without fraud or covin then shall they be endowed of the residue of their Husbands Lands for as much as the Lands shall amount unto out of which they were so expulsed and put forth Provided also That if Lands or Tenements be assured to any Woman after marriage for terme of life or likewise in Joynture except it be by Act of Parliament and the Wife over-live her her Husband in whose time the Joynture was made in this case the Wife may refuse the Lands so appointed unto her in Joynture and have her Dower at the Common Law of such Lands as her Husband was seized of at any time during the coverture Also if the Husband committeth Treason Murder or Felony for which he is attainted the Wife shall not have her Dower And note That if the Husband enter into Religion and is professed the Heir shall enter into the Land but the Wife getteth no Dower till the Husband dieth M. 32. E. 2. And likewise if a man seized of Land taketh a Wife that is an Alien born and dieth she shall not be endowed except she be made Denizon by Act of Parliament T. 3. H. 6. And note That where the Wife bringeth a Writ of Dower and recovereth her right she shall recover no damages but where her husband died seized of the Lands recovered CHAP. XII A division of Inheritance HItherto have I spoken of Free-holds Damages now it remaineth to treat of Inheritances not the Inheritances that be no Free-holds for they be Free-holds also but the other Estates of which I have hitherto treated be only Free-holds and of no higher nature whereas an Estate of Inheritance although it be a Free hold indeed yet it is not to be called by name sith it is after more excellent and greater Estate but ye shall understand that of Inheritances some be of more amplitude and excellent then other some be as that Inheritance which is pure simple and without limitation of what Heirs which kinde of Inheritance is called fee-simple but when I make a limitation of what Heirs then it is called fee-tayle and of which also be two sorts as hereafter more at large shall be declared now therefore the nature of fee-simple is set forth with our accustomed compendiousness CHAP. XIII Of Fee-simple FEe-simple is as I said the most ample and large Inheritance that can be in this Realm devised or invented Fee-simple it is that which a man hath to him and his Heirs simple without any further limitation for whether they be of his own body begotten or not so that they be the next of his kinne and within the degrees it sufficeth So then Tenant in fee-simple is he that hath Lands or Tenements whether it be by purchase or by descent to him and to his Heirs and Assigns for ever for if a man will purchase Lands in fee-simple he must needs have these words his Heirs in his purchase for these be the only words that make the Estate of Inheritance Therefore if Lands be given to a man for ever and no mention be made of his Heirs he hath an Estate but for terme of his life because these words his Heirs do lack Yet nevertheless if a man by his Testament doth devise Lands to another in such place or case where the custom or Law will serve so to do although he make no mention of Heirs but saith that he bequeaths to such a person such Lands to have and to hold to him and to his Assignes for evermore here an Estate of Inheritance doth passe for in Testaments the will and intent of the Testator is to be pondered and not the formall and prescript words of the Law Also these termes in the Law frank-marriage and frank almoigne that is to say free marriage and free alms do include in the words of Inheritance And therefore if I give Lands to a man with my Daughter in frank marriage without further addition or mention of Heirs this is an estate of Inheritance as shall be declared