Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	enter_v	lord_n	villain_n	1,438	5	12.5490	5	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

Executors part to prove that the Testator was of sound mind not onely to answer to ordinary and usual questions but that he had a disposing memory and was able to make his Devises and Bequests with understanding and reason at the time of making his Testament Franeisc Mantica de conject ult volunt l. 1. Tit. 5. Maschard de Probat verb. Furiosum Conclus 824. numb 10. Vide 41 Eliz. B. R. in Marquess de Winchester's Ca. Co. 6. Li. fo 23. Swin part 2. Sect. 3. Num. 6 7. 63. An Idiot or Natural Fool that cannot number Twenty nor tell his Age nor is able to answer to any ordinary and usual Question nor knows what is for his advantage or damage though it be notorious nor is apt to be instructed or informed by any other such an one cannot make a Testament nor may dispose either of his Lands or Goods F. N. B. de Idiota inquirendo 34 H. 8. c. 5. Cowels Inst. p. 123. Simo. de Praetis de Inter. ult volunt lib. 2. dub 1. fol. 4. Swin part 2. sect 4. num 1 2. 64. But if a man be of a mean understanding between a Wise-man and a Fool such an one may make his Testament unless he be so simple as that one may perswade him to believe things impossible as that an Ass can flie or that in old time Trees did walk and Birds speak or the like Simo. de Praetis de Inter. ult volunt lib. 2. dub 1. fo 4. Swin part 2. sect 4. num 3 4. 65. A Married woman cannot make her Testament of any Mannors Lands Tenements or Hereditaments by the Statute of 34 H. 8. neither can she make a Testament of Goods or Chattels without her Husbands license except she be a Queen or Empress or that she were Executrix to some other person for in such case she may make her Will of such Goods as she hath as Executrix without his license and name her Executor who shall have them to the use of the first Testator but she cannot give them away as a Legacie and if she die without Will yet in such case such goods as she had as Executrix of which the property is not altered shall not go to the Husband but Administration thereof shall be committed to the next of kin of the first Testator But in both these cases the Husband shall have the Profits arising of the same as Calves Lambs and such-like profit of Kine and Sheep Also if the Wife have Goods by way of Legacie from another person in such case she cannot make a Testament or dispose of the same without his license Note though the Husband do give license to the Wife to give away part of his goods yet notwithstanding he may countermand her Testament again either before or after her death or at least before the Probate thereof But if the wife make her Testament of his Goods and the Executors prove the same and the Husband delivers the Goods to the Executors then he cannot countermand the Testament though the wife made it without his license or knowledge for by this after-act the Law presumes he gave consent at the first 34 35 H. 8. c. 5. Bract. l. 2. c. 26. Bro. Devise 34. Testament 21. Executor 11. Administrator 45. Perkins num 501 502. Noys Maxims p. 97. Mich. 2 E. 2. Devise 14. F. N. B. tit Executor num 10. Swin part 2. sect 9. Plo. com fol. 525. Cowels Inst. pa. 124. 66. A Slave or Bondman cannot make a Testament or Will for that all he hath is his Lords and he can dispose of nothing Bract. l. 1. C. 9. num 3. Fleta li. 1. C. 5. sect 7. num 3. Cowels Inst. pa. 16. 67. But if a Villain make a Testament it is not absolutely void but voidable for if the Lord enter and seise the Villains Lands and Good● before probate of the Will it make● the Devise void or if he claim the Villain in his life-time and seize the Goods by word onely it makes the Devise void But if neither of these were done by the Lord before the Executors prove the Will and seize the Goods then the Testament of the Villain is good in law against the Lord except it be in case of the King for if his Villain give or sell his Goods the King may seize them at any time for Nullum tempus occurrig Regi Also if a Villain have Goods as Executor to another person he may make a Testament thereof and appoint an Executor to the first Testator who shall have the said Goods and not the Lord of the Villain Bro. tit Villenage 50 68 73. Dr. Stud. li. 2. C. 43. Littletons Tenures li. 2. C. 11. Swin part 2. sect 7. 68. A man that is taken captive by those who are open enemies to the King cannot make a Testament during his captivity for if he do though he should escape afterwards and then die yet such Testament is void but if he had made a Testament before he was taken and then afterwards escape or though he die during his Captivity yet in both cases the Testament is good and so it is if he be taken by those who are not proclaimed enemies and during his captivity he makes his Testament or if a man who is imprisoned for Debt do make his Testament during his imprisonment it is good unless it be made in favour of those at whose Suit he is imprisoned Mich● Grass Thesaur com opin sect Testament Quaestio 25. Franc. Mant. d● conject ult Volunt li. 2. tit 7. num 2. Bract. li. 2. C. 16. num 5. Swin part 2. sect 8. 69. One that is born Deaf an● Dumb if it appear by sufficient Argument that he understands what 〈◊〉 Testament is may be signes make 〈◊〉 Testament and so may any on● that could have spoken and hear● formerly and is become deaf an● dumb by some accident or if such person can write then he may writ● his Testament with his own hand 〈◊〉 and so likewise may one do that ca● hear but cannot speak and if h● cannot write then he may do it by signes and tokens and one that ca● speak but cannot hear may als● make his Testament and devise hi● goods to whom he pleases Refor leg Eccles tit de Testam C. 7. Swin part 2. sect 10. 70. But one that is born both deaf dumb and blinde cannot make a Testament or Will because he hath no understanding Finches law li. 2. C. 2. pa. 103. Perkins numb 25. 71. One that is blinde may make a Nuncupative Testament by declaring his Will before a sufficient number of witnesses but he cannot make his Testament in writing unless the same be read before witnesses and then acknowledged by him to be his last Will and Testament for if he should acknowledge a writing for his last Will and do not hear it read this will not make it amount to a VVill in writing Swin part 2. sect 11. num 1 2. 72.