Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	francis_n	sir_n	william_n	36,923	5	8.8615	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A65445	The office and dutie of execvtors, or, A treatise of wils and executors, directed to testators in the choise of their executors and contrivance of their wills with direction for executors in the execution of their office, according to the law, and for creditors in the recovery of their debts : expressing the duty, right, interest, power and authority of executors, and how they may behave themselves in the office of executorship : with divers other particulars very usefull, profitable, and behovefull for all persons, be they either executors, creditors or debtors : compiled out of the body of the common-law, with mention of such statutes as are incident hereunto.	Wentworth, Thomas, 1568?-1628.; Doddridge, John, Sir, 1555-1628.	1641 (1641)	Wing W1358; ESTC R15205	180,173	328

an act of the testator then to be reckoned or registred among the acts or forfeitures of the legatee for that it is not by the Summist made materiall or any point of difference whether the legatee gave just cause of offence or that the testator unjustly conceived displeasure and so grew into causelesse enmity Therefore also doe I hold it of the nature of a revocation implied or presumed for that although no revocation be made yet since the testator hath ceased to beare good will to the legatee hee cannot be intended to will him good nor consequently to be of the same minde touching the benef●t●ing of him as he was when he ●ade his will yet here againe it is worth the con●●deration whether the circumstance following may not make a difference in the case thus that where the testator dieth shortly after the breach and enmity growen and before hee come to the place where his will is or at least to opportunity of perusing and reforming the same There this very alteration of affection should make an alteration in the will and a revocation of the amicable bequest But where he living a good space after and comming to the place where his will was and specially if he doe againe peruse it and yet doth not crosse nor expunge that bequest here it may be presumed that either his enmity ceased or that so farre as to continue this bequest the charity or other motives inducing him to make it stood unvanquished and not extinguished by this breach of former amity For as the continuance of time and opportunity after the making of a verball or nuncupative will without reducing it to writing and causing it to be attested by witnesses though the testator live divers years after doth strongly argue his intent not to continue that what was done in an extremity should stand as his will so on the contrary the permitting of a bequest expressed in a written will to continue without any crossing blotting or defacing may argue against contrary presumption the testators mind that it should continue as part of his will But now let us consider of more expresse revocation and to that purpose will I relate a late decree in the Chancery made by the Lord Keeper according to the opinion of the Master of the Rolls three Judges and two Doctors Masters of the Court Betweene Robert Eyre and William Eyre complainants and Hester late wife of Christopher Eyre their brother and now wife of Sir Francis Wortley Defendant Thus was the case The said Christopher Eyre 15. Jacobi by his last will and testament giveth and bequeatheth to the said Robert Eyre his brother an hundred pounds and to the said William his brother a thousand pounds and gives to the said Hester his wife all the residue of his estate and makes and ordaines the said Hester his sole and only executrix saving for the performance of his will ordaines Robert Eyre and William Eyre his said brothers whom hee intreats to joyne as executors in trust with his wife for the better performance of this his last will Afterwards 5. Jan. 1624. being sick of the sicknesse whereof he died he was moved by Master Damport and Master Stone to settle his estate to which motion he yeelded and Master Stone and Master Damport did demand of the said Christopher what friend hee thought fittest to be his executor and to whom he would commit the care of discharging his funeralls and performing his will whether hee trusted any person more than his wife to be his executor To whom he answered That his wife was the fittest person for that purpose and therefore should bee his sole Executrix and then the Testator was moved by M. Stone to give and bequeath legacies to his father to his brethren and to his kindred whereunto hee answered hee would give or leave them nothing and being further put in mind to remember his friends and others gave and bequeathed to Lionell Atwood his Godchild 20 or 30 s. and being thereupon moved by his wife to give his said God-sonne more or a greater legacy or the like in effect said thou knowest not what thou dost doe not wrong thy selfe 20 s. or 30. Shilling● is money in a poore bodies purse or the like in effect and the rest he●left them to his wives discretion or disposition and the said testator did speake the words aforsaid or the like in effect Animo testandi ultimā volu●tat declarandi as the witnesses then present did cōceive This will was proved by the oath of the said Hester and this Codicell being pleaded as a revocation of the said bequests The said master of the Rolles Judges and Doctors were by the Lord Keeper and the order of the Court desired to reduce the matter upon the will and Codicell into a case to c●rtify their opinions whether the said Codicel were a revocation of the legacies given to the plaintifes or not And they after coūsell heard at severall times viz. both cōmon lawyers civillians many houres spent in conference together did finally resolve with one unanimous consent That the legacies to the plaintifes given were not by the said 〈◊〉 revoked and so certified under their hands upon reading whereof 25. Novembr decree being resolved to bee made if cause were not shewed to the contrary 27. Novembr on which day the defendants counsell before Lord Keeper in the presence of the master of the Rolles and the said three Judges and Sir Iohn Heyward alledging what they could in stay of the said degree It was by a generall concurrance of opinion decreed that the legacies given to the said plaintifes should bee to them payd on our Lady even with 20. Nobles in the hundred for the detaynment thereof This case I thought fit to relate somewhat at large because it pitcheth upon the point of revocation without plaine full and expresse termes And surely as willes are to bee made out of disposing memories and understandings so also with deliberate and advised judgments and therefore by like reason not to bee countermanded or revoked by sicke or slight expressions And this seemes to me very agreeable with the rule and reason of the common Law For as reason it selfe doth dictate that Nihil ta● consentaneum est aequitati naturali qua● 〈◊〉 quodque dissolvi eodem modo quo conficitur So hath the common Law of England in my understanding resolved as for the purpose if the King present a clarke to a Church and hee is thereupon admitted and instituted thereunto Now yet before induction may this be revoked as a will may Yet if the King shall after and before induction present another man to this Church without an expresse repeale or countermand of the former presentation it shall not hereby bee revoked So if lands were conveyed to certaine uses with a clause or power of revocation the sale of the same to another did not revoke the former But if a state were merely at will then

hereof they are to be regardfull not only in respect of escaping damage to their owne estates but more especially in respect of an oath which divers of our bookes mention to be taken by executors And in one of the bookes of relations of cases in the twentieth yeare of Hen 7. his time there is an expression of three things whereto the office of an executor tyeth him 1. To doe truly and thereto are they sworn saith this book 2. To be diligent viz. with sedulity to attend the discharge of the trust 3. To do lawfully nor well can this latter be without knowledge what is lawfull or required by the law Now what is formerly said of the right method and order of paiment of debts discovereth in much part how and by what wayes an executor may waste and mispend his testators goods and consequently incurre a devastation and so make his owne goods liable but of that more fully and particularly by it selfe and herein we will consider of these parts 1. What shall be said to be a wasting or devasting and how many wayes that may be done 2. Who shall by this act be charged to yeeld recompence 3. Who shall take the benefit or advantage of it 4. How farre or in what measure the advantage shall be taken 5. What way or by what meanes it shall be had As to the first this wasting is done divers wayes 1. by the executor his plaine palpable and direct giving selling spending or consuming the testators goods after his owne Will leaving debts unpaid 2 By paying what is not to be paid which yet is to be understood where there are debts payable and unpaid 3. By the way formerly discoursed of viz. the not observing the right method and order of payment 4. By assenting to a legatees having a thing bequeathed debts being unpaid 5. By selling goods of the testators at an under value for be the appraisement what it will and let him sell for what he will he must stand charged to the best and utmost value towards the creditors Yet if upon a judgement against the testator or the executor the Sheriffe sell some of the testators goods at an undervalue this is no vastation of the executor for this difference Hody chiefe Baron makes But since an executor may happily prevent this act of the Sheriff by paying the due sum upon sale of the testators goods at the best value or otherwise he is to be blamed to leave it to the cōscience of the Sheriffe or Undersheriffe rather 6. And lastly this may be done to the executors smart by undue viz. not legall discharging of any debt or duty pertaining to the testator that divers wayes requiring heedfulnesse As if an executor upon a bond of two hundred pounds forfeited for payment of a hundred pounds accept the principall or perhaps also some use costs or damage and give a release or acquitall of the whole forfeited bond or of all actions or upon record acknowledge satisfaction upon judgement had This is a wasting of so much as the penall summe is more then is received and so far his owne goods stand liable to creditors not satisfied and so doubtlesse is it if he doe but give up the bond having no judgement upon it though he neither make release nor acknowledge satisfaction But his verball agreement to require or sue for no more or his giving a note of receipt for so much as he hath received or delivering of the bond into a friends hands or into a Court of equity in way of security to the debtor that he shall not be sued for more is no devastation since still the rest in law remaines due and sueable So this sets no more upon the executors score then he received But let him take heed of releasing except he be sure there be no other debts demandable Nor only is there danger in releasing of debts but of trespasses or other causes of action also As if one take away goods from the testator or from his executor If the executor make him a release this is a devastation and makes his owne goods lyable to the whole value of the goods released as appeares by Russels case where the release of an Infant executor to one who had taken and committed to his use Jewels and goods of the testator being pleaded the release was therefore held void in respect of nonage for that if it should have stood good it had amounted to a Devastavit and made the executors owne goods lyable which his infancy considered had been hard Another way of discharging dangerous to executors is submitting matters of debt or duty or touching goods taken away to arbitrement For if by the award of the arbitrators the debtors or wrong doers bee discharged or acquitted without making full recompence the rest of the value will as to other creditors sit upon the executors skirts because it was their voluntary act thus to submit it to arbitrators Thus may executors fall under prejudice not onely by wilfull wasting or unfaithfull miscarriage wherein they are not to bee pittied but through incogitancy and unskilfulnesse also Nay I may say truly that it is very hard for executors in some cases to walke safely For besides that to finde out all judgements and recognizances by or against their testators is of some difficulty more then for statutes whereof by search in an Office descry may be had yet with this difference that statutes marchant and statutes staple may be and stand effectuall against executors though not inrolled albeit against purchasers of the conusors land they be not of force if neglect be of inrolement within three moneths But where statutes or recognizances lye for performance of covenants upon sale or lease of lands mariage agreements or otherwise how hard is it for executors to know whether any covenant be broken or not how hard to be sure they finde out all bonds bils covenants and articles in writing made and kept by others whereby any money is due and payable before debts by contract or legacies as also all promises or debts by contract payable before legacies For the law hath prescribed no time for their claime and demaund and whether some such thing or meane of publication were not fit to be enacted let the judicious consider To attaine to this knowledge of the testators debts I remember that it is by the Lord Brooke reported that in King Henry the 8 th his time Sir Edmund Knightley being executor to Sir William Spencer made Proclamation in certaine Market Townes that the creditors should come by a certaine day and claime and prove their debts but hee for this was committed to the Fleet and fined For that none may make proclamation saith the book without warrant or authority from the King except Majors and such like Governours of Townes who by priviledge or custome may so doe But the dangers are only where there is not sufficient of the testators goods and chatels to satisfie both