Selected quad for the lemma: life_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
life_n	heir_n	remainder_n	tail_n	4,947	5	10.4941	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26015	The law of obligations and conditions, or, An accurate treatise, wherein is contained the whole learning of the law concerning bills, bonds, conditions, statutes, recognizances, and defeasances ... : to which is added a table of references to all the declarations and pleadings upon bonds, &c. now extant : also another table to the forms of special conditions which lie scattered in our president [sic] books ... : with an index of the principal matters therein contained / by T.A. of Grays-Inn, Esq.	Ashe, Thomas, fl. 1600-1618.	1693 (1693)	Wing A3972; ESTC R9431	276,581	591

good against the Heir tho the Executors have Assets he may have his Election 1 Anderson p. 7. Sir Ed. Capels Case Debt lies against the Heir of an Heir upon Obligation of the Ancestor to the 10th degree Noy 56. Dennyes Case The Obligee shall have a joint Action against all the Sons in Gavel-kind 11 H. 7.12 b. Debt against three Heirs in Gavel-kind the Defendant pleads C. one of the Heirs is within Age. The Heir of an Heir shall be chargable with an Obligation simul cum the immediate Heir and such Heir shall have his Age Moor n. 194. Hawtree and Auger 1 Anderson p. 10. n. 22. id Case If a Man bind himself and his Heirs in an Obligation and leaves Land at Common Law and Gavel-kind the Creditors must sue all the Heirs and if there be Land on the part of the Father and on the part of the Mother and both have Land by descent he shall have several Actions and Execution shall cease till he may take it against both so that the Construction of Law is stricter where the Heir is charged with Warranty real than when he is charged with a Chattel Hob. p. 25. Riens per descent pleaded and what shall be Assets J. S. by Will deviseth his Land to his Heir at 24. and if he die without Heir of his Body before 24. the Remainder over he attains 24. a Fee-simple descends for no Tail shall arise before his said Age which Tail shall never take effect 2 Leon. p. 11. Hind and Sir John Lion id Case 3 Leon. p. 70. The Father bound in Obligation and deviseth his Lands to his Wife till his Son comes to 21 years of Age the remainder to his Son in Fee and dies the Son shall be adjudged in by descent 2 Leon. 123. fol. 101. Bashpooles Case 3 Leon. p. 118. The Ancestor was seised in Fee and by his Will deviseth them to the Defendant being his Son and Heir and to his Heirs on Condition to pay his Debts within a year and if he failed his Executors shall sell he entred and paid no Debts the Executors after entred and sold It s not Assets in Heirs hands for though the Heir hath a Fee yet he hath it as a Purchaser being clogg'd with such a Condition Cro. M. 5 Car. p. 161. Gilpins Case Two things requisite to bind an Heir 1. Lien express 2. Lands by descent In Debt against an Heir he is charged as Heir and the Writ is in the debet and detinet and it s not in auter droit but taken as his proper Debt from 18 Ed. 2. till 7 H. 4. If the Executor had Assets the Heir was not chargeable but now the Law is changed in that Point if the Heir sell the Land before the Writ purchased he is discharged of the Debt in regard he is not to wait the Action of the Obligee Trusts descending shall be Assets by the Statute of Frauds and Perjuries so Lands of special Occupancy vid. Stat. The Defendant pleads his Father was seized in Fee and covenanted with J.S. c. to stand seized to the use of himself for Life the Remainder to the Defendant in Tail c. the Father had caused a Deed to be engrossed and delivered the Deed to a Scrivener to the use of J. D. and M. so as J. D. would agree to it J.D. died never having notice of the Deed Per Cur. the Father never covenanted because the Agreement of J. D. was a Condition precedent to the essence of the Deed and so no Deed to raise the Uses contra the Defendant Moor n. 426. Dego● and Rowes Case id Case 1 Leon. 152. n. 211. The Heir pleads riens per descent special Verdict find the Father was scised in Fee and enfeoft J. S. of the Mannor of P. excepted and reserved to the Feoffor for life two Acres only the Lands in question and after limited all to the Feoffees to the use of the Defendant in Tail Per Cur. the Lands do descend to the Son the Exception being void 2 Keb. p. 667 ●19 Wilson and Armorer Upon riens per descent pleaded special Verdict find M. seised in Fee de Saliva Anglice a Salt-pan died and his Son entred and was seised and the Defendant entred as Heir per possession fratris this is Assets by descent and such Heir per possession ' is chargable to the Debt of the Ancestor 3 Keb. Tr. 28 Car. 2. f. 659. Clinch and Butler The Heir pleads riens per descent the Defendant had levied a Fine but because no Deed of Uses was produced at Trial the Use was to the Conusor and his Heirs and so the Heir in by descent Mod. Rep. p. 2. Riens per descent pleaded Feoffment pleaded at the Trial it appeared to be fraudulent it need not be pleaded but may well be given in Evidence 5 Rep. 60. Gooches Case Debt vers l'Heir he may plead in Bar a Release made by the Obligee to the Executors and though the Deed belongs to another yet he must shew it forth for both of them are privy to the Testator Co. Lit. 232. a. Upon riens per descent pleaded it was found he had Assets in the Cinque-ports Judgment was general against the Defendants and as to the Moleties of the Lands in the Cinque-Ports the Plaintiff 〈◊〉 have a Certiorari to remove the Records into Chancery and thence by Mittimus to send to the Constable to make Execution 1 Anderson n. 65. p. 28. Hicker and Harrison vers Tirrel 3 Leon. p. 3. The Heir pleads riens per descent the Plaintiff replies he sued a former Writ vers l'heir and the Defendant was outlawed which was reversed and he freshly brought this Writ by journeys accompts and avers he had Assets the day of the first Writ purchased Hob. p. 248. Spray and Sherrat Cro. Jac. 589. id Case cited Debt vers l'heir the Defendant pleads his Ancestor died Intestate and that one J. S. had administred and had given the Plaintiff a Bond in full satisfaction of the former upon Issue joined it was found pro Def. If the Obligor had given this Bond it had not discharged the former but being given by the Administrator so that the Plaintiffs security is bettered and the Administrator chargable de bonis propriis it s a good discharge Mod. Rep. 225. Blith and Hill He pleads riens per descent but 20 Acres in D. in Com. Warwic The Plaintiff replies more by descent in S. viz. so many Acres and found pro Def. and a discontinuance in the Record of the Plea from Term P. to Term M. assigned for Error and per Cur. its Error and not deins Stat. 18 Eliz. because the Judgment was not founded on the Verdict but upon the Confession of the Defendant of Assets Yelv. p. 169. Hill 7 Jac. B. R. Molineux Case The Heir pleads the Obligor died Intestate and J. S. administred and he had given the Plaintiff another Bond in full satisfaction of the former vide Mod. Rep.

that otherwise his Election shall be taken away by the Act of God and the Condition is for the advantage of the Obligor and shall be taken beneficially for him One was bound that if after Marriage he and his Wife sold the Lands of the Wife if then he did in his Life time purchase to his said Wife and her Heirs Lands of such Value or else do and shall leave to her as Executrix or by Legacy or other good Assurance as much Mony c. He married her and she dyed and he survived her he is excused from the Bond 5 Rep. 22. Laughter's Case Crook Eliz. 398. mesme Case But if a Condition consist of two parts whereof one was not possible at the making of the Condition to be performed he ought to perform the other as if the Condition be to enfeoff J. S. or his Heirs when he comes to such a place he is bound to enfeoff J. S. when he comes for that the other is not possible for he may not have an Heir during his Life and so he had not any Election 21 E. 3.29 cited in Laughter's Case If the Condition of an Obligation be to enfeoff two before such a day and one dies before the day yet he ought to enfeoff the other 1 Rolls Abr. tit Condition p. 451. Horn and May. Vid. contra Expressement Bendl. p. 8. n. 31. Dyer 347. pl. 10.15 H. 7.13 5 Rep. 22 c. If the Condition be to enfeoff J. S. within a certain time if J. S. dies before the time be past the Obligation is discharged 1 Rolls Abr. 451. I am bound to enfeoff the Obligee at such a day and before the said day I dye my Executors shall not be charged with it for the Condition is become impossible by the Act of God for the Land descended to the Heir 2 Leon. p. 155. Kingwel and Chapman 2. By the Act of the Law If a Man be bound in a Recognisance for the appearance of another in a Scire-Fac he shall not avoid this Recognisance by saying that he which ought to appear was imprisoned at the day 1 Rolls Abr. p. 452. 2 Leon. p. 189. Wood and Avery If a Man be obliged to repair an House or build a Mill he is excused if the Obligee will not suffer him to do it or if a Stranger by the Command of the Obligee disturb him and will not suffer him 1 Rolls Abr. 453.3.4.5 A Condition that the Son of the Obligor shall serve the Obligee seven years if he tender the Son and the Obligee refuse it is no Forfeiture 22 E. 4.26 2 E. 4.2 So if he take him and after within the Term command him to go from him Vid. ibid. 1 Rolls Abr. 455. If the thing to be performed by the Condition may not be performed without the presence of the Obligee there his absence shall excuse the performance 12 H. 4.23 b. cited 1 Rolls Abr. 457. As if the Condition be to make a Feoffinent to the Obligee Aliter if it be to enter into a Statute to the Obligee for that may be performed in his absence A Condition to enfeoff the Obligee though the Obligee disseise him of the Land yet this shall not excuse the performance of the Condition for he may re-enter and perform it but if he keep it with force till after the day of performance it shall excuse 1 Rolls Abr. 453 454. Frances's Case 8 Rep. 92. If the Obligor by his own Act hath made the Condition impossible it is a Forfeiture 4 H. 7. 3 4. Vid. Keilway p. 60. Abbot of Glassenbury's Case Where a Refusal of one of the Obligors shall be a Refusal of both Two are bound in a Statute with Defeasance that they two shall make such assurance as shall be devised c. If an Assurance be devised and tendered to one and he refuse to seal this the Condition is broken by both for he need not make Request to both at one time 1 Rolls Abridg● 454.13 The Condition is to pay 20 l. to the c. or before such a day render the Body of a Stranger c. so as the Plaintiff may declare against him the Defendant pleads before the day the Stranger died a good Plea though the Obligor undertakes for a third person which differs from Laughter's Case Payment or Tender are to be at the same time therefore a discharge of one a discharge of both Contra if the Acts were to be done at different days The Condition was to run a race or pay by a day and adjudged that the Defendant was discharged by the death of the Horse 3 Keb. 738 761 770. Warner and White If one is bound to pay 20 l. before the 1st day of May or to marry A. S. before the 1st of Aug. if he do not pay the 20 l. before the 1st of May and A. S. dies before August so that it is become impossible yet the Obligation is forselted Quaere He hath undertaken to do one and it was in his power Crook Eliz. p. 864. More 's Case 3. By the Act of the Obligee If A. be bound to B. that J. S. shall marry Jane G. by such a day and before the day B. himself marry with Jane G. hereby the Obligation is discharged and B. shall never take advantage of it Co. Lit. 206. a●b If the Obligee be party to an Act that hinders the performance of the Condition it shall excuse 4 H. 7.4 b. One is bound to stand to the award of c. he may countermand the Arbitrators but then he forfeits his Bond because the Obligor by his own Act hath made the Condition of the Obligation which was endorsed for the benefit of the Obligor to save him from the penalty of the Obligation impossible to be performed and by consequence his Obligation is become single and without the benefit or help of any Condition because he hath disabled himself to perform the Condition If one be bound in an Obligation with a Condition that the Obligor shall give leave to the Obligee for the time of seven years to carry Wood c. though he give him leave yet if he countermand it or discharge the Obligee the Obligation is forfeited 8 Rep. 82. b. Viniors Case Refusal at the day shall save the penalty 1 Rolls Abridg. 448. Vid. Tender and Refusal Shep. Touchston p. 393. One is obliged to another to the use of a third person to deliver a Chest to the said third person who refused to receive it upon the tender at day the Obligation is saved it being to the use of the third person and he shall not take advantage of his own act Carne and Savery cited in Huish and Phillip's Case Crook Eliz. 754. A Bond is delivered to J. S. to my use and when it is tendered to me I refuse hereby it is become void and cannot afterwards be made good so if an Obligation be made to my Wife and I disagree to it 5 Rep. 119. Whelpdale's Case

his Election to accept the Estate tendred or the Mony and there cannot be an acceptance but where there is a tender on the other part Therefore the Conisor ought to have devised the Estate and procured the Conisee to accept thereof otherwise he ought to pay the Mony Crook Eliz. p. 718. Mills and Wood. A Covenant to make a Lease on such Covenants as the Plaintiff or his Counsel shall advise the Plaintiff must tender the Lease 3 Keble 183. Twiford and Buckly The Covenant is to make a Lease for three Lives before Michaelmas the Defendant pleads that none of the Lives were named by the Plaintiff The Plaintiff demurs Judgment was for the Defendant the Plaintiff must name them 3 Keble 183 203. Twiford and Buckly The Defendant pleads the Condition was if the Defendant make an Estate to the Plaintiff of certain Land before such a day in Fee by Feoffment Fine or otherwise as his Counsel learned in the Law shall advise The Plea was Concilium non dedit advisamentum The Defendant is not bound to request his Counsel to make advice and the advisement doth not come on the part of the Plaintiff but on the part of the Defendant This is not like the Case of Obligors being bound to pay to the Obligee 10 l. or enfeoff him of the Mannor of S. he ought to make tender of the Monies and in the other Case he ough● to tender that he will make a Feoffment because all comes from the Defendant 6 H. 7.4 as in this Case The Plaintiff replies J. S. was of his Counsel and no more and he made such advice which advisement the Plaintiff notified to the Defendant so it is good ibid. If I am bound to make you such an assurance as J. S. shall devise I am bound at my peril to procure notice but if I am bounden to make such assurance as your Counsel shall advise there notice ought to be given to me 1 Leon. p. 105. Case 141. in Atkinsons Case A Condition to perform Covenants Breach assigned whereas the Covenantor covenanted with the Covenantee that he at the costs of the Covenantee would assure such Lands unto him before such a day that the day was past and no assurance tendred by the Covenantor not costs by the Covenantee Per Cur. the Covenantor is to make the assurance and to give notice what assurance he will make and his readiness that the other may know what Costs to tender Crook Eliz. 517. Hallings and Connard The Covenantor ought to do the first act viz. notifie the Covenantee what manner of Estate he will make so that the Covenantee may know what Sum of Mony to tender and it is all one whether the Covenant be general or particular as to make a Feoffment c. and so if nothing were done before the day the Obligation is forfeited 5 Rep. mesme Case 22. b. The Obligor having election what manner of assurance he will make ought first to give notice to the Obligee that he will make such assurance More n. 595. mesme Case W. covenants for himself his Heirs Executors Administrators and Assigns within seven years upon Request to convey to the Plaintiff a Copyhold Estate for life W. dies a Request must be made to his Executors though W. was seised in Fee the Executors are bound to see it done 2 Bulstr 158. Thursdens Case A Condition to perform Articles one was the Defendant covenanted before such a Feast to make to the Plaintiff and his Wife a Demise of c. Hebendum immediately after the death of E. F. for 30 years if E. W. to this assent then Habend after the death of E. F. for 21 years The Defendant pleads E. W. denied his assent and farther that the Plaintiff did not require the Defendant to make him the Lease for 21 years Demurrer and Judgment pro Quer. For the Plaintiff need not make Request but the Defendant at his peril ought to have made the Lease for 21 years before the Feast 1 Anders n. 124. f. 49. Henry Cage versus Tho. Furtho The Condition is if the Obligor make all reasonable Acts c. which shall be for assurance c. to be required by the Obligee before such a day c. a general Request is sufficient Aliter if the assurance were to be advised by the Obligee or his Counsel there he must shew he had required such a particular assurance as Fine c. and as to this the Case was thus The Condition was if the Defendant before M. do make acknowledg and suffer c. all and every such reasonable Acts and things whatsoever they be for the good and lawful assuring and sure making of the Mannor of D. to J. S. and his Heirs that then c. The Defendant pleads that before M. the Plaintiff rationabiliter non requisivit le def ad faciend c. aliqua rationabilia actum acta quae forent pro bona legitima assurantia del mannor de D. c. The Plaintiff replies that such a day before M. he requested the Defendant quod ipse conveiret assuraret manerium de D. al J. S. c. secundum tenorem conditionis And Issue found pro Quer. Moved in arrest of Judgment that there was no sufficient Breach for that the Plaintiff ought to have required an assurance in certain viz. Fine or Feoffment but per Cur. the Condition is broken for by the Condition the Defendant is to do all and every act whatsoever c. so that if the Plaintiff request a Fine Recovery Feoffment Bargain and Sale the Defendant ought to do all but not to make any Obligation or Recognisance for the enjoying the Mannor for that is but collateral Security and not any Assurance Then when the Plaintiff requests the Defendant to convey the Mannor in the generality the Defendant ought at his peril to do this by some kind of Assurance and if upon this Request the Defendant makes a Feoffment of the Mannor yet if after this the Plaintiff request a Fine he ought to acknowledge a Fine also and so upon every several Request Yelv. p. 44. 1 Brownl p. 84. More n. 889. Pudsey and Newsam The Condition was to make an Estate of Inheritance to the Obligee at such a day and place The Defendant pleads he was ready at the day and place to make it c. The Plaintiff demurs Per Cur. ill Plea he ought to have shewed that he gave notice what Estate of Inheritance he would make him Stiles p. 61. Allen p. 24. Brook and Brook 5 Rep. 22. If a Man be bound to make a Conveyance of certain Lands if a Warranty or Covenant be put into the Deed he is not bound to seal it 1 Rolls Abr. p. 424. sect 13. The Condition is to make such Assurance to the Obligee as the Obligee shall devise and after the Obligee deviseth an Indenture and tenders this to him and he requires time to shew it to his Counsel he must seal

by Deed indented leased to the Defendant a Farm called D. except one Close by Name Lessee Defendant was bound in a Bond to perform all the Covenants and Agreements in the said Indenture and pleaded he had performed all the Covenants the Plaintiff assigns for breach that the Defendant entred into the Close excepted the Defendant demurs Per Cur. the Obligation is not forfeited by this disturbance this Exception is not such an Agreement as is within the intent of the Condition it s an Agreement that the Land excepted shall not pass by the Demise but no Agreement that he shall occupy but sometimes an Exception is an Agreement that shall charge the Lessee but this when he agrees on his part that the Lessor shall have a thing dehors which he had not before as except a Way or Common or any other Profit a Prender that is Agreement of the Lessee that he shall have the Profit and if he bound to perform all Covenants and Agreements if he disturb him in this he shall forfeit the Obligation Cro. Eliz. p. 657. Lady Russel versus Gullwell Moor n. 713. id Case In a Lease for years the Defendant Covenants that the Plaintiff should enjoy it during the Term on Demurrer the Case was Tenant pur vie levies a Fine to him in Reversion come ceo c. the uses were to the Conusee and his Heirs on condition to pay to the Tenant pur vic 4 l. per ann during his life and upon default that it should be to the use of the Conusor for his life the Conusee made a Feoffment to the Defendant who leased to the Plaintiff the 4 l. was not paid nor demanded the Tenant pur vie enters on the Plaintiff this is a breach of the Condition without any demand of the Rent for its a Sum in gross and not issuing out of the Land the Covenant is that the Lessee shall absolutely enjoy it and this Condition is properly to be performed by him who hath the Freehold and it was held that this Feoffment had not destroyed the future use which is to arise for non-performance of the Condition Cro. El. 688. Smith and Warren Two make a Lease for years by Indenture and covenants that the Lessee should not be disturbed nor any incumbrance made by them one of the Lessors makes a Lease to a Stranger who disturbs on Bond to perform Covenants it s a breach of the Condition for them shall not be taken jointly Lach. p. 161. Merritons Case Condition of the Obligation was That the Plaintiff should have hold and enjoy Lands acquitted from all Charges and Incumbrances and for breach the Plaintiff shew there was a Rent-charge granted by the Predecessor under whom the Defendant claimed which is yet undischarged the Defendant demurred because the acquittal goes to the having and holding the Land and it s not shewed that the Plaintiff was ever in possession nor that he was charged or endamaged to which Twisden and Keeling agreed but by Windham the Defendant ought to shew how he had discharged and acquitted from the very Rent and not to let it perpetually hang over him but by all the Court if the Acquittal refer to the Land it self or to the Person the Defendant must shew how 1 Keb. fol. 927. King and Standish A Covenant that the Indenture of a Lease at time of the Assignment is a good true and indefeasible Lease and that the Plaintiff shall enjoy c. without the let or interruption of the Defendant or of any claiming by from or under him and shews for breach that before he that made the Lease had any thing one J. S. was seized in Fee and that he which made the Lease entred upon him and disseised and leased prout and that J. S. re-entred upon him upon which Replication the Defendant demurs per Cur. the word indefeasible Lease shall be construed as a distinct Sentence from the last words that he shall enjoy it without the interruption of the Defendant Siderfin p. 328. Gainsford and Griffith 1 Sanders p. 51. Johnson and Vavisor Joyntenants of a Mill by Lease for years Vavisor assigns all his Interest in the Mill to another without Johnsons assent or privity and dies Johnson after recited this Indenture by Lease and that all came to him by Survivorship grants the said Mill and all his Estate Title and Interest to Procter and covenants that he shall quietly enjoy it notwithstanding any Act done by him and Bond of Covenants Act. de Det sur Bond. Johnson pleads that the Plaintiff had enjoyed this notwithstanding any Act done by him Procter replied that Vavisor Joyntenant with Johnson assigned his Estate to J. D. who entred and expelled him The Defendant demurs adjudged against the Defendant for the Grant was never good for he had no power to grant one Moiety and yet he had expresly granted the Mill to Procter And the Condition of the Obligation being to perform all Grants the Grant being defective at the first as to a Moiety which is the Substance of the Agreement of all the Parties this is not qualified by the Covenant ensuing and it is not like to Nokes Cass 4 Rep. for there the Grant was good for the whole and becomes ill by Eviction afterwards and therefore the Covenant ensuing qualified the general Covenant Yelv. p. 175. Johnson and Procter Lit. 206. 1 Bulstr 3 4. A Covenant that the Lessee shall enjoy against the Lessor and all claiming under him The Defendant exhibited a Bill whereby the Lessor appeared to be in Trust and adjudged this was no Breach Selby and Chute cited 2 Keb. 288. 1 Brownl p. 23. The Covenant was if the Defendant sued or troubled charged or vexed the Plaintiff Per Cur. a Suit in Chancery is within the Condition 2 Keb. 288. Ashton and Martin A Condition to surrender a Copyhold and that the Plaintiff shall enjoy this without the let of any claiming under the Defendant and of one Lancelot Simons The Defendant pleaded Surrender and that the Plaintiff had quietly enjoyed this The Plaintiff replies that one Jane Simons claiming under Lanceolet ousts him Demurrer and Judgment pro Quer. The Case was this Copyhold was granted to Patience Hussy for Life the Remainder to Lanceolet S. in Fee and that after and before the Obligation Lancelot surrenders his Remainder to the use of Patience for Life and after to the use of Lancelot and Jane for their Lives and after to Lancelot's Heirs Lancelot and Patience dye and after the Obligation Jane enters The cause of Demurrer was that Jane took nothing by the Surrender for the Surrender to P. H. pur vie was void she having an Estate pur vie before and consequently the Remainders by notice upon this void Estate are void also Dut per Cur. the Estate limited to Jane S. shall be by way of present Estate and mediate Settlement and not by way of Remainder 1 Sanders p. 150. Wade and Balch 2 Keb. 341. Id. Case