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lord_n daughter_n heir_n son_n 21,397 5 5.3163 4 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A51777 [An appendix to the office and duty of an executor.] Manley, Thomas, 1628-1690. 1676 (1676) Wing M442; ESTC R204050 25,140 71

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not avoid it for the first Will stands good And here note that every man and Woman is supposed to be of sound and perfect mind and memory unless positive proof be made to the contrary Words only are not a sufficient proof of sanity of mind or to set forth the reasonable faculty For a Parrot may be taught significant words yet none will a●●r them to proceed from an instinct of reason no more than they can assert Balaams Ass a reasonable creature because by miracle it's mouth was opened to reason with it's Master An old Man who is so superannuated that he has forgot his own name Old Men. is held unfit to make a Will. So a Man in extremis The old Law of Slaves and Villains was this Villains their Lands Goods and Children gotten by themselves or given them by others were all in bondage For whatever such a bondslave getteth it is his Lords for if a Villain make a Will of his Lands or Tenements or Goods and the Lord enter before the Will proved the Will shall be void and the Lord shall have them But this Law is though not abrogated yet so long disused that it is of no force If a Man be condemned to perpetual Prisoners imprisonment upon a criminal account he cannot make a Will But a Prisoner for Debt may so it be not to defraud his Creditors A Woman Covert cannot devise Lands Tenements Feme Covert or Hereditaments neither to her Husband or any other 1. Not to her Husband for these reasons 1. For that may be in prejudice of the Heir 2. Albeit she did of feee will and without constraint for the tye is not apparently taken off 3. Although the Will were made before Marriage for the Testator must be in as good power at the time of death as of the making the Will 4. If the Wife make a Will during Coverture and then survive her Husband this is supposed void unless she confirm it after the Husbands death But if such Will were made before Marriage by her and she survive that will be good She may dot devise Goods and Chattels without consent of her Husband but by his licence peradventure she may In some few cases a Feme Covert may make a Will without her Husbands licence as first an Empress or Queen so it be not in prejudice of her Husband or his Regality 2. When any thing is due to the Wife whereof she was never possessed during the coverture neither may the Husband bequeath a chose in action as an Obligation c. which he hath only in the right of his Wife if he be not joyned with her or the property altered after Marriage 3. A Woman betrothed to a Man may before espousals make a Will. 4. If a Wife be Executrix to another she may dispose of those goods else might the next of Kin have administration de bonis non administratis of her Testator for where an Executor dyes intestate the Testator from that time is deemed to dye intestate A Wife may appoint her Husband her Executor but such Wife is restrained from making such a Will two ways 1. Unless she appoint an Executor her Will will be void 2. If such Wife have any Goods as Legatary from the Testator and which she receiveth as Legatary not as Executor they are her Husbands and so not by her devisable also increase of goods during the coverture which the Wife has as Executrix as Calves Lambs and the like the same redound to the Husband and not to her A Wife or other Executor and Legatary is deemed to accept Goods as Legatary not as Executor unless by Protestation or some other means the contrary appear for it is her better Title and more free yet this is according to the rule of the civil Law but not agreeable to the Law of the Land. If a Husband be bound or do voluntarily licence the Wife to make her Will before Marriage and she make two or three the last is that must stand A deaf and dumb person not knowing what a Testament is Deaf and Dumb. cannot make a Testament but if he were not deaf a partu naturaliter but he became afterwards deaf and dumb by accident or otherwise he may do it by signs but it will be better if he can write He that can speak could once hear Ergo he may make a will. Dumb and not deaf may make a will by signs so as the same be well known to witnesses A blind Man Blind may make a Nuncupative Will or a Testament in writing if it be read to him and he declare he heard and understood it A person convicted of High Treason Traitor cannot make a Will for that he hath forfeited all his Estate both real and personal whatsoever But if he obtain a Pardon Quaere what he may do Felons forfeit their lives Felons Goods and Chattels and the profit of their Lands for a Year Day and Waste and after the King hath had annum diem vastum the chief Lord of the Fee shall have it except in the County of Gloucester where the next Heir after the Year and Day shall inherit and in Gavel-kind Lands where they descend equally to Sons and for default of Sons to Daughters in like manner And there it is said The Father to the Bough The Son to the Plough So that Felons cannot make Testaments of what the Law hath made a prior disposition But if a Man be indicted of Felony and dye before conviction he may devise his Goods and Lands or if upon his arraignment he stand mute his Goods shall be confiscate but he may devise his Lands For a Felon attainted at the time of the Fact committed in such case it is to be regarded in respect of his Lands But for his Goods the time of Judgement must be respected for before Judgement he may give his Goods for neither the Sheriff nor other person can seize before conviction A Heretick doth not forfeit his Lands unless he be executed Heretick nor Goods unless he be convicted and delivered over to Lay-mens hands yet if he be but excommunicate he cannot make a Will. Apostatas are of three sorts Apostate 1. Such who having once been Christians renegue their profession and become Jews or Turks and such an Apostate was Julian the Emperour who from thence had the infamous Sirname of The Apostate 2. Such as being subject refuse to obey the command of the Ordinary or Superiour as our now Sectaries and Nonconformists 3. Such as have entred into Holy Orders and afterwards throw it off and become lay in habit or profession and these are all reputed as bad if not worse than Hereticks A Sodomite qui peccatum inter masculos contra naturam cum faemina Sodomite is barred to make a Will although he be not convicted An Outlawed person is out of the protection of the Law Outlaw and all his Goods and