Selected quad for the lemma: son_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
son_n	beget_v	body_n	heir_n	21,461	5	10.1458	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A95588	Tenants law a treatise of great use, for tenants and farmers of all kinds, and all other persons whatsoever. Wherein the several natures, differences and kinds of tenures and tenants are discussed, and several cases in the law touching leases, rents, distresses, replevins, and other accidents between landlord and tenant, and tenant and tenant between themselves and others; especially such who have suffered by the late conflagration in the city of London. The second edition. By R.T. Gent.	R. T., Gent.	1670 (1670)	Wing T51B; ESTC R203704	58,719	163

this pure Tenure most subject to be spotted and involved in troubles above any other Which the Law calls Incombrances If a man were to deal as purchaser Incombrances of Fee-Simple with a Tenant in Fee-Simple he hath a happy bargine if he meets with a Simple Tenure and a Simple Tenant I mean the one free from Incombrances and the other from deceit which many have found it a difficult thing to obtain I shall therefore by way of caution set down the several troubles and incombrances this pure and Simple Tenure called Fee-Simple is subject unto Fee-Simple may be incombred with several Judgments Statutes Merchant and of the Staple Recognizances Mortgages Wills Precontracts Bargains and Sailes Feoffments Fines Amerciaments Joyntures Dowers and many other fraudulent Conveyances if a knave once possesse it and last of all may be quite forfeited for Treason But Fee-Simple being free from any of the aforementioned incombrances is the most free absolute and ample Estate of Inheritance that that any man can have And therefore a Tenant in Fee-Simple is said to be Seistus in Dominico suo ut de feodo that is seized in his Demeasne as of Fee Tenant in Fee-Taile All Free-hold inheritances before Fee-Tail the Statute of Westminster 2. Cap. 1. were Fee-Simple at the common Law so that Tenant in tayle was instituted by force of that Statute By which Statute there is a twofold Tenant in Tayle viz. General and special Tayle He is said to be Tenant in general General Tail Tayle who holdeth Lands or Tenements to him and to the Heires of his body begotten For if in this case he Marry many Wives and have issue by them all every one of them may the Elder dying come to inherit this Land because every one is the issue ingendred of his body It is the same case if Lands or Tenements be invested upon a Woman and the Heirs of her body And she have several Husbands and Children by them all every one of them is in a possibility to inherit those Tenements being all begotten of her body But where Lands or Tenements are setled upon a man and his wife and the Heirs of their bodies between them two lawfully to be begotten Special Tail this is Tenant in Special Tayle because in this case none can inherit but such Children as are by this man begotten upon the body of this wife named in the Grant And if that wife dye and the man taketh another wife and hath issue of her body the issue by the latter wife cannot inherit by vertue of such a grant And if the first husband dye and the wife marry again and have issue by a second husband that issue cannot inherit There be several other Estates in Special Tail according to the Devises Limitations and Conditions Special tail with limitation invented and setled by the Donor as sometimes to a man and his Wife and the Heirs Males of their bodies between them two to be begotten in this Case the Females cannot inherit So that if Lands be invested upon a man and his Heirs Males of his body and he hath issue two Sons and dyeth the eldest enters according to the grant and hath issue a Daughter and dyeth this Daughter shall not inherit the Land but the Brother because he is the Heir Male. And if a man hath Lands granted to him and to his Heirs Males of his body and he hath no Son but only a Daughter and the Daughter hath a Son and dyeth living her Father and after that the Donee dyeth in this case the Donee dying without issue Male in the Law the Son of his Daughter which is his Grandchild shall not inherit but the entayle is extinct and the Land shall Revert to the Donor Tail Tenures Incumbrances These grants in Tail are the causes of much strife and stir up many chargeable suits though in my judgment they are useless for the intent of the Donor is seldome observed in them he intending to preserve the Memory of his own name to perpetuity which cannot be since a Fine and Recovery will docke it Tenant in Tail after possibility of Issue extinct When Lands and Tenements be Possibility of Issue extinct granted to a Man and his Wife in special Tail and one of them dye before they have issue the Survivour is Tenant in Tail after possibility of issue extinct but if they have issue during the life of the issue the Survivour cannot be said to be tenant in Tail after possibility of issue extinct But if the issue dye without issue and leave none to inherit by vertue of the Entail then the Surviving Donee is tenant in Tail after possibility of issue extinct And none can be tenant in Tail after Donee in special Tail possibility of issue extinct but one of the Donees in special Tail which tenant in Tail after possibility of issue extinct is not chargeable with committing of Wast because the inheritance was once in him but if he doth Allien in Fee it is a forfeiture of his Estate and the Heir in Reversion may enter Tenant by the Courtesie of England When a Man marries a Wife seized in Fee-simple or in general Fee Tail or one that is Heiress unto Lands or Tenements in Special and hath a Child by the same Wife male Tenant by the courtesie or female born alive and the Wife dye whither the Child be living or dead the Husband shall hold the same Lands during his Life as Tenant by the Courtesie of England which is a Tenure used in none other Country but in England And although the Child dye assoon as it is born if it were but heard cry the Husband shall hold the Lands after his Wifes decease during his Life as Tenant by the courtesie the crying of the Child being a sufficient Testimony of its being born alive Tenant in Dower Tenant in Dower This kind of Tenant is always of the Feminine gender and is when a man is who seized of Lands or Tenements in Fee-Simple or in general Tail or as Heir in Special Tail marries a Wife and dies the Wife after the death of her Husband shall have during Her life the third part of such Lands or Tenements as her Husband had during the Coverture whether she had any issue by him or not so she be above nine years of age at her Husbands death This is the Dower at the Common-Law Dower at Common-Law but by custome in many places it is otherwise for in some places she shall have the half and in others the whole and in all these cases she is Tenant in Dower In Kent it is the custome for the Dower by the Custom Woman to have half her Husbands Lands durante viduitate so long as she continues a Widdow but if she marry again she looses all so likewise is the custome there if a man marry a Wife having an Estate in Lands c. and she dye without issue

the Lessee before the ten years expired but after the expiration of the ten years if the Lessee doth continue the possession of the same Land and doth occupy the same by vertue of the Indenture then he hath Fee and shall pay the twenty pound as a Rent ●eck But if a man seized in Lands doth Co. 1. par Inst f. 218. b. ●et the same Land by Lease for term of life yeelding to him a Rose for the first six years and if he will ●old the Land over the six years then ●hen to pay three marks per annmm Here the free-hold is immediately in ●e Lessee A man makes a Lease for years Perkins 729 730. ●ith this condition that if the Lessor ●o aliene the Reversion within the 〈◊〉 granted by the Lease then the ●essee shall have the Fee and the ●essor doth aliene the Reversion in 〈◊〉 by fine to a stranger In this 〈◊〉 the Lessee shall not have the Fee 〈◊〉 the Free-hold and the Fee are ●●wfully in the Conuzee before the ●●ssee can take it by condition but the Lessor had granted the Lands a stranger by Deed only then the ●●ssee should have had Fee by the ●●ndition If a man have a Lease for years and Perkins 833. demise or grant the same upon condition and dye his Executors or Administrators shall enter for the condition broken for they are privy in right and represent the person of the dead If a man make a Lease for years Lit. lib 3. C. 8. upon a condition that the Rent shall be paid at Christmas and before that time come the Lessor give a general Release to the Lessee of all Actions and Demands this Release doth not acquit the Lessee of the Rent but the Lessor may sue for it because it was neither due nor to be paid at the time of the Releas● made and it is a thing not meerly i● Action because it may be grante● over If a Landlord lets a Lease fo● Dyer f. 67. years to two Tenants to hold Joyn●ly with a condition that if the Le●sees dye before the end of the ter● the Lease shall be void Now the Lessees makes division and one them aliens his part and dyes this case the Lessor cannot enter u● on the part of him that dyed b● the Alienee shall enjoy his half 〈◊〉 during the life of the Surviving Lessee A Lease made for years upon condition that if the Lessee demise the premises or any part thereof other than for a year to any person or persons then the Lessor and his Heirs to re-enter the Lessee afterwards devises this Lease to his Son by his Will this is a breach of the condition If a man of his meer motion give Dr. St. lib. 3. cap. 20. fol. 93. Lands to H. H. and to his Heirs by indenture upon condition that he shall yearly at a certain day pay unto John at Style out of the same Land ● certain Rent and if he do not pay ●he Rent that then it shall be lawful ●o John at Style to enter and if the Rent in this case be not paid to John at Style the said I. S. may not en●er into the Lands by the Law though the words of the Indenture 〈◊〉 that he shall enter for there is an ●ncient Maxim in the Law that no man shall take advantage in a condition but he that is party or privy to the condition and this man is not ●arty nor privy and therefore he ●hall take no advantage of it In many cases the intent of the Dr. S. 20. C. f. 93. party is void to all intents if it be not grounded according to the Law As if a man make a Lease to another for term of life and after o● his meer motion he confirmeth hi● Estate for term of life to remain after his death to another and to hi● Heirs In this case that remainder is void in Law for by the La● there can no Remainder depen● upon any Estate but that th● same Estate beginneth at the sam● time that the remainder doth an● in this case the Estate began befor● and the confirmation enlarged n●● his Estate nor gave him any new Estate But if a Lease be made to man for the term of another ma● life and after the Lessor only of 〈◊〉 meer motion confirmeth the 〈◊〉 to the Lessee for term of his 〈◊〉 life the Remainder over in Fe● this is a good Remainder over Fee No grant can be made but Dr. St. lib. 2 C. ●● p. 94. him that is party to the Deed exce●● it be by way of remainder A●● therefore if a man make a Lease for 〈◊〉 of life and afterwards the ●●ssor grant to a stranger that the ●enant for term of life shall have ●e Land to him and Heirs that 〈◊〉 is void if it be made only 〈◊〉 his meer motion without recom●●nce Likewise if a man make a Lease for Ibid. 〈◊〉 of life and after grant the Re●●rsion to one for term of life the ●emainder over in Fee and the Te●●nt Attorneth to him that hath the state for term of life only intend●●g that he only should have advan●●ge of the grant his intent is 〈◊〉 and both shall take advantage ●●ereof and the Attornment shall 〈◊〉 taken good according to the 〈◊〉 If a Tenant for the term of ano●●er Co. ● par Inst fol. 41. mans life dye living the other 〈◊〉 he that doth first enter upon the state after his death shall be Te●●nt for the other mans life and shall 〈◊〉 liable to the payment of the Rent ●●served If a Tenant hath a Lease for twenty Perkins 693. 〈◊〉 of Lands and Tenements and 〈◊〉 the same Lands for part of his term to a stranger reserving 〈◊〉 himself forty shillings Rent In th● case he may distreyn for the Rent r●served or have an Action of De●● at his pleasure because by commo● Intendment he is to have the sa●● Land after the years determined because he hath granted but parcel 〈◊〉 the years so that the Remainder r●mains in him If Rent be granted to a man 〈◊〉 Idem 108. may grant it away to another befo●● he be seized thereof If a man and his wife be ejected Co. 1. par Iust fol. 46 a term in the right of his wise a●● the husband bring an Ejectione 〈◊〉 in his own name and do recover 〈◊〉 dye In this case his Executors 〈◊〉 have it and not the wife because 〈◊〉 Recovery in his own name did 〈◊〉 the term in himself If a man be possest of a term Cook ibid. forty years in right of his wife 〈◊〉 make a Lease for twenty years rese●ving Rent and dye here the Ex●cutors of the husband shall have 〈◊〉 Rent for that term but the wi●● shall have the remainder of the ter● when the twenty years is out but he had granted the whole ter● 〈◊〉 could have had nothing ● release made to a tenant for term Id. 1.