Selected quad for the lemma: life_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
life_n	estate_n	land_n	remainder_n	4,221	5	10.6862	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86251	The law of charitable uses. Wherein the statute of 43. Eliz. chap. 4. is set forth and explained; with directions how to sue out and prosecute commissions grounded upon that statute: also presidents, inquisitions, and decrees, with divers judgements, and resolutions upon exceptions and appeals against decrees; and other proceedings upon the said statute. By John Herne.	Herne, John, fl. 1660.	1660 (1660)	Wing H1568; Thomason E1921_2; ESTC R202417	62,737	163

other Parishoners of the Parish where the charitable use is to be distributed Lastly it was resolved that if a Rent seek be granted to a charitable use the Commissioners by their Decree cannot make this a Rent-charge by adding a clause of distresse unlesse it be for that this alters the nature of the Rent in the creation of it and is against the mind of the Donor Mich. 14. Car. Plate and the Masters and Fellows of St. Johns Colledge in Cambridge PLate being seised of Copyhold Land in tayl in Highgate in Midlesex surrenders this in Court to the use of his Will and suffers a Recovery in the Court of the Mannor in which no Judgement is given against the Vouchee and after Deviseth by his Will this Copyhold Land and all his Free-hold Land to his wife for life the remainder to the Master and Fellows of St. Johns Colledge in Cambridge for maintenance of the Schollars there the Heir of Plate enters upon the wife to avoid the Devise and the Master and Fellows prefer a Bill in Chancery to preserve their interest and to have the Devise to them confirmed The Lord Keeper Littleton resolves that if no Judgement be given against the Vouchee to have in value in case of a common recovery to cut off an Estate tayl that it is a voyd recovery and will not cut off an Estate tayl and as to the wife to whom the Land was Devised for life the Heir had liberty given by Law to evict them but as to the Colledge and the remainder limited to them the Lord Keeper did declare that the Devise is good to them by the Statute 43 Elizabeth touching Gifts Limitations and appointments of Lands to charitable uses for there is gift and limitation of the Land to a charitable use which shall not be avoided for want of circumstance of Law to make it good and also the Lord Keeper said that although the Colledge was incorporated by another name then the Devise was to them and therefore might not be capable of it yet the Devise is good to them by the said Statute also if the Heir avoyd the Estate tayl against the Wife at Law yet the remainder to the Colledge shall stand good and be a remainder without a particular Estate which by rules of Law cannot be but these defects in cases of charitable uses are made good by that Statute by a benigne and favourable interpretation thereupon for maintenance of Charity as it is in other cases upon Statutes for Piety and Charity 13 Jacobi Jesus Colledge Case in Court of Wards referred to the Judges DOctor Floyd seised of Lands in Capite Deviseth them to Jesus Colledge in Oxford and their Successors to find a Fellow there which should be of his blood and alliance and it was referred to the Judges Whether this Devise be good or no and they resolved and certified that by the Common Law and Statute of Wills the Devise was void for these Statutes enabled persons to Devise their Lands excepting to Corporations for that is Mortmain also none can Devise all their Capite Lands to any but must leave a third part to descend but they certified and resolved that although it be voyd by the Common Law yet the Statute of 43. Eliz. for charitable Vses doth make this good as a limitation and an appointment and that it was good for all the Land But if an Infant or Lunatick who by Law is disabled to make a Will or Devise of his Land do Devise his Land to a charitable use this is voyd and not made good by the Statute for want of a capacity to make a Will by Law The Lord Edward Mountagues Case in the Court of Wards 17. Jac. SIr Walter Mountague seised in Fee of Capite Lands in Hanging Houghton in Northamptonshire conveys two parts of these lands unto uses limited within the Statute of 32. and 34. H. 8 and by his Will deviseth the third part remaining in him for maintenance of a charitable use in Wales and upon a reference unto Hobart and Tanfield they resolved this Devise to be voyd and was not aided by the Statute of 43. Eliz. for charitable uses for in the instant of his death the Lands descended to the Heir and the Devisor having disposed of two parts in his life according to the Statute of Wills he is disabled by the Common Law and those Statutes as owner of the Lands to Devise any part of his third part remaining See Doctor Floyds Case before in Jesus Colledge Case Seymor against the poor of Twyford Trinity 1634. MOney was given to charitable uses and detained a long time as concealed the Commissioners upon the said Statute Decreed the Money to be paid with interest after the rate of 8 l per cent and this Decree was confirmed by the Lord Keeper So in the Case of the Lady Mountague of Ilford and the Inhabitants of Barking in Essex Sir Charles Mountague her Husband gave by his Will 10 l to the poor of Barking and made his Wife Executrix and died she kept the Money above twelve years in her hands and the Commissioners Decreed her to pay 20 l for the detainig this Money for use and principall and the Lord Keeper Coventry confirmed this Decree about 12. The Poor of East Greenstead against Howard 8. 10. REsolved by the Lord Keeper upon Appeal to alter or confirm a Decree made by Commissioners upon the Statute of Charitable Vses the Decree is not perpetuated and not to be altered but by Act of Parliament and is to remain in the Pety Bagg and it is in his power to make a Decree good where it is defective Hungate on the part of the Inhabitants of Sherborn 3. A Debt owing by Statute Bond Judgement or Recognizance which in Law is a thing in action was given for the creation of a School and this was Decreed to be a good appointment within the Statute to maintain a charitable Use Steward against Germyn 41. Eliz. ONe having Lands and Goods appoints by his Will that the same shall be sold to maintain a charitable Use and doth not appoint by whom the sale shall be made the Commissioners do by their Decree appoint that J. S. shall sell these Lands and Goods and Decree his sale to be good and that the money to be raised thereby shall be imployed to maintain the charitable Use according to the Donors Will and this Decree was confirmed by the Lord Keeper upon an Appeal to him Hellams Case 5. Caroli A Devise was made of Lands to the Company of Leather-sellers in London to maintain a charitable Use there upon a Decree by Commissioners to settle the Lands upon the Company an Appeal was and exception taken for that the Company of Leather-sellers was a Corporation and the Statutes of Wills doth except Devises of Land to a Corporation but the Decree was confirmed there being many Presidents in it The Schoole of Rugby in the County of Warwick 2. Caroli ONe seised in