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
a13252	A briefe treatise of testaments and last willes very profitable to be vnderstoode of all the subiects of this realme of England, (desirous to know, whether, whereof, and how, they may make their testaments: and by what meanes the same may be effected or hindered,) and no lesse delightfull, aswell for the rarenes of the worke, as for the easines of the stile, and method: compiled of such lawes ecclesiasticall and ciuill, as be not repugnant to the lawes, customes, or statutes of this realme, nor derogatorie to the prerogatiue royall. In which treatise also are inserted diuers statutes of this land, together with mention of sundrie customes, aswell general as particular, not impertinent thereunto: besides diuers marginall notes, and quotations not to be neglected, especially of Iustinianists, or young students of the ciuil law: vvith two tables, the one analyticall ... the other alphabeticall ... By the industrie of Henrie Swinburn, Bachelar of the Ciuill Lawe.	Swinburne, Henry, 1560?-1623.	1591 (1591)	STC 23547; ESTC S118058	497,477	642

if landes be giuen by deede to A.B. and to the heires males of his bodie who hath issue a daughter which daughter hath issue a sonne and dieth there the lande shall returne to the donor and the sonne of the daughter shall not haue it because he cannot conueighe himselfe by heires males or his mother is a let thereunto But otherwise it is of suche a deuise giuen by will for there the sonne of the daughter shal haue it rather then the will shall be voide Item if one deuise to an infante in his mothers wombe it is a good deuise though such a feoffement graunt or gift be voide Item if one will that his sonne shall haue his lande after the death of his wife heere the wife of the deuisour shall haue the lande firste for tearme of her life So likewise if a man deuise his goodes to his wife and that after the decease of his wife his sonne and heire shall haue the house where the goodes are there the son shall not haue the house during the life of the wife for it is presumed that his intente was that his wife shoulde haue the house also for tearme of hir life notwithstanding it were not deuised vnto her by expresse wordes Item if a deuise of land be made to A.B. and to his heires males of his bodie begotten After the deuise hath issue a sonne and a daughter and dieth heere the daughter shall haue the lande and not the sonne howsoeuer he bee the more worthie person and heire to his father but because the will of the deade person is that the daughter shall haue it therefore lawe and equitie would that it should so be Thirdlie it maie appeare by that which hath beene saide of an executor that the legacie is voide where the testator hath not animum testandi f) Infr. part 7. § 13. Fourthlie that there bee diuers conditions which doe not make die legacie conditionall g) Infr. §. 5. 6. Lastlie † concerning the effect of the one the other albeit otherwise the appointinge of an executor and the bequeathing of a legacie doo agree in diuers thinges yet in this they do differ greatlie That is to saie an executor simplie instituted maie as soone as the testator is deade enter to the goodes and cattelles of the deceased h) L. cùm haeraedes ff de acquirend poss Bar. in L. ex facto ff de haered instituend Cagnol in L. precibus C. de imp alio subst n. 276. But † a legatarie or deuisee maie not of his owne authoritie take the legacie serue himselfe but muste receiue the same at the handes of the executor i) L. 1. quorum lega ff L. non dubium C. de lega Perkins tit testament c. 7. fol. 94. Brook tit deuise n. 3. the reason is for that the executor is charged with the paiment of all the testators debtes so farre as the goodes and cattelles will extend and the legacies are not to be paide but of the residue if anie thing remaine k) Perkins vbi supr in tit deuises vbi etiā tradit aliam cautelam sed parum honestam frustrandi legata fraudandi testatorem Aliam rationem assignatius ciuile nempe ob detractionem falcidiae quae ratio quàm sit apud nos debilis facile est conijcere quandoquidem nullu● est falcidiae locus infra regni nostri limites And † the legatarie hath no remedie by the common lawes of this lande for anie legacie of goodes to him bequeathed if the executor will not deliuer the same But it behooueth the legatarie in this case to take a citation against the executor of the testamente to appeare before the ordinarie or other ecclesiasticall iudge competent to answer him in a cause of legacie l) Tract de repub Angl. lib. 3. c. 9. Fitzh Na. Br. breui de consultatione Brook tit deuise n. 3. 27. 44. Plowd in c●s inter Paramor Yard Termes of law verb. deuise Notwithstandinge † in some cases the legatarie may be lawfullie possessed of his owne legacie without deliuerie thereof to be made by the executor for if there be sufficient goodes and cattelles in the handes of the executor to paie all the testators debtes and legacies the legatarie is possessed of the thinge bequethed at the time of the death of the testator in this case the legatarie doubtlesse by the ciuill lawe maie still retaine the same in his own handes m) Socin consil 11. vol. 1. Ripa in L. 1. ff quorū lega n. 15. Olden de action clas 2. act 2. fol. 113. Neither is he to deliuer the same to the executor and afterwardes to receiue the same againe at his hands n) c. dolo de reg iur 6. Likewise if the testator giue licence to the legatarie to enter to his legacie In this case the legatarie maie without the priuitie or consent of the executor take his legacie and keepe the same so that there be sufficient besides to discharge the testators debts o) Ias in L. non dubiū C. de lega Peraduenture also in case of such sufficiencie of goods a certain special thing being bequeathed as the testators riding horse his bookes or his signet though an other person then the executor detain the same the legatarie maie as wel by the laws of this realme p) Brook Abridg. tit deuise n. 6. 30. as by the ciuill lawe q) Sichard in L. 3. C. de lega n. 16. commence sute against the occupier therof and recouer the same legacie r) Ratio est quia dominium rei legatae statim post mortem testatoris transit in legatarium etiam nondum facta traditione gloss DD. in §. in nostra Instit de lega in L. à Titio ff de fur vnlesse this third persō were able to iustify his possessiō euen against the executor or against the testator himselfe if he were liuing for that is a lawfull barre or exception against the legatarie also s) L. si rem legatum ff de excep praeiudic But if there bee not sufficient goodes to paie the testators debtes or if the legacie consiste in quantitie or be generall as if the testator bequeath twentie poundes or a horse the legatarie can not of his owne authoritie take so much of the testators monie nor anie horse which was the testators without licence giuen by the testator or permission of the executor t) Brook tit deuise n. ● n. 30. nor maie bring anie action against anie thirde person for the same legacie albeit he possesse all the testators goodes v) Quod autem diximꝰ iure ciuili triplicem concedi actionem legatario ꝓ consequédo legato procedit specie relictâ sed si quantitas vel genus relinquatur non competit rei vendicatio Bar. in L. ● ff de leg 1. Sichard in I. nō dubium C. de lega nisi fortè quantitas nō vt

what part of the testament he be appointed whether in the beginninge or in the middest or ending k) §. ante Instit de lega Grass Thesaur com op §. Institutio q. 1. The † effect of a pure and simple assignation of an executor is this that the executor maie immediatelie after the death of the testator vndertake the executorshippe and enter vpon the testators goodes and cattelles l) Wesemb in tit de acquir haered ff in tit de haered Instit Et hoc verum est etiam ante probationem testamēti Plowd lib. 1. in cas inter Greisbrook Fox Cagnol in L. si precibꝰ C. de impub. alijs sub n. 276. 277. 278. whereas on the contrarie the effect of a conditionall assignation dooth suspend his admission and execution of the testament as afterward more fullie dooth appeare m) Infr. ead part §. 6. 7. And † there note that if the testator say I make A. B. my executor according to the cōditions afterwards expressed if the testator afterwardes expresse no conditions it is in effecte as if the testator had made him his executor simplie n) L. pen. C. de Instit sub And so hee maie enter vpon the testators goodes presentlie after his death for the testator in not expressing anie conditions is presumed to haue altered and reuoked his purpose concerninge the adding of conditions o) DD. in d. L. Pe● and consequentlie that he would haue the appointment of the executor to be pure and simple howbeit if the testator making his executor vpon conditions to be then expressed afterwardes in the meane time whiles he is in making his will be sodainlie preuented by death or insanitie of minde that he can not expresse those conditions according to his purpose and determination In this case the assignation is voide and he which is so appointed executor is not to be admitted to the executorship p) L. si quis destinauerat aliàs si is qui. ff de testam Paul de Castr in L. iubemus C. de testa latiùs infr part 7. §. 12. Likewise if the testator doo make his executor after this maner I make A.B. my executor if I shall expresse anie conditions in this case no conditions beeing expressed he that is so appointed ought not to be admitted q) Dec. alij in d. L. Pen. C. de Instit sub It is † also to be noted that that assignation of an executor is in effect pure simple where the condition is impossible or vnhonest for such conditions are reputed as not written but omitted r) §. Impossibilis Instit de haered instituend L. obtinuit de cond demon L. conditiones de condic Instit ff and so the executor without accomplishment of anie such condition is forth with to be admitted to the executorship excepte in some cases as hereafter is declared s) Infr. ead part §. 6. 7. Furthermore † when it is certaine that the condition will necessarilie followe or bee extant the appointmente of the executor made vnder such condition is reputed pure and simple as if the testator make A.B. his executor if the sunne shall rise the next daie t) L si pupillus §. sub conditione ff de nouac Alex. consil 59. n. 14. vol. 4. vnlesse the time when the condition will be extant be vncertaine as I make A.B. my executor if my sonne shall die for though it be most certaine that he will die yet nothing is more vncertaine then the time when and therefore the assignation is in effect conditionall v) Sichard in Rub. de condic Instit C. fusiùs infr ead part §. 17. part 7. §. 23. And the like maie be said † when the condition is referred to that which is paste or present as if the testator saie I make A.B. my executor if he be bachelar of the ciuill lawe or if hee haue beene student in the vniuersitie of Oxforde for this kinde of condition is not properlie a condition x) L. si ita stipulatus ff de verb. ob Bar. in L 1. de cond demon ff but rather a finall cause wherefore the testator made his executor y) Ias in L. stichum de leg 1. ff And although the testator be vncertaine whether the executor be bachelar of lawe or haue beene student yet it is certaine in respect of the facte it selfe and is either true or false at that instant when it is made and so the condition worketh no delaie or suspension but is either a good or void assignatiō at that moment z) DD. in d. L. si ita stipulatus Finallie † that assignation of an executor is pure and simple when that condition is expressed which is necessarilie vnderstoode a) L. haec verba de leg 1. ff L. conditiones de cond demon ff as if the testator saide I make A.B. my executor if the lawe will b) Mantic. de coniect. vlt. vol. or if he will vndertake the executorship c) Grass Thesaur com op §. legatum q. 47. That † which hath beene spoken of the making of an executor accordinge to my former aduertisementes maie easilie bee applied to a legacie mutatis mutandis wherefore as that nomination or assignation of an executor is pure and simple which is made without condition so that legacie is pure and sure which is giuen without condition Secondlie by the like application it maie appeare that it is not materiall in what forme of wordes a legacie be bequeathed so that the testators meaning doo appeare which meaning is to be preferred before the proprietie of wordes d) §. nostra Instit de lega and that not onelie concerninge goodes and cattelles but also concerning lands and tenementes for further declaration whereof I haue added these examples following which I haue borrowed out of a little booke called the tearmes of lawe e) Verb. deuise First † therfore if a man doo by his will deuise to A.B. all his landes and tenementes In this case not onelie all his landes and tenementes which the testator hath in possession doo passe but those also which hee hath in reuersion by vertue of this word tenements Item if landes be deuised to a man to haue to him for euermore or to haue to him and his assignes in these two cases the deuise shall haue a fee-simple wheras if it be giuen by feoffemēt in such tearmes the feoffee hath but an estate for his life for a deuise made without expresse wordes of heires is good euen in fee-simple Item if a man deuise his lande to an other to giue or sell or doo therewith at his pleasure will this in fee-simple Item a deuise made to one and to his heires males dooth make an estate in taile but if suche wordes be put in deede of feoffement it shall be taken in fee-simple because it dooth not appeare of what bodie the heires males shall bee begotten Item

Crowherst in the coūty of Surrie knight deceased Nor to the will or deuise of sir Peter Filpot knight deceased Nor the wil or deuise of Richard Creswel late of Mattingley in the countie of South gentleman deceased nor to the will or deuise of Thomas Vnton late of the countie of Berk. gentleman deceased sonne of sir Thomas Vnton knight also deceased or shal be in anie wise preiudiciall or hurtfull to anie person or persons for or concerning anie manours landes tenements or hereditaments conteyned or specified in the said willes or deuises or in any of them but that the said last willes and deuises and euery of them shall stande abide remaine and be in the same case force and effect in the law to all intents purposes and constructions as the said last willes and deuises and euerie of them were before the making of this act declaration and explanation and of none other effect or force this act declaration explanatiō or anie of them or anie thing therein contained to the contrarie thereof in anie wise notwithstanding Prouided alwaie and bee it enacted by the authoritie aforesaid that all and euerie person and persons from whom the king or other lord or lordes shall take anie manours landes tenementes or hereditamentes for his or their full thirde part or to make vp his or their third part shall and maie by authoritie of this present act in anie of the cases aforesaide vpon his or their bill exhibited in the kinges courte of Chauncerie against al and euerie such person and persons which shall be entitled by or vnder anie such will gifte disposition or deuise to the other two partes haue such contribution or recompence for the same as by the chancellour of England or by the keeper of the great seale of England for the time being shall be thought good and conuenient Of the deuise of goods and Chattelles 1 All manner of goods and chattelles may be deuised by will certaine cases excepted 2 The rule of the deuise of landes contrary to the rule of disposing of goodes §. v. COncerning the secōd kind of thinges deuiseable by testament namelie goods chattelles this may be deliuered for a rule That all manner of goods and chattelles maie be bequeathed or deuised by will or testament a. L. caetera ff de leg 1. §. tam corporales Inst de legat ibid. DD. Lindw in c. statutum de testa lib. 3. prouincial constituc Cant. Perkins tit deuise c. 8. fol. 99. certaine cases onelie excepted b) De quibus §. pro● Which rule is cleane contrarie to the former of the deuise of lands tenementes and hereditamentes for they can not be deuised sauing where some custome or statute hath gained libertie of bequeathing or deuising of the same c) Vt supr ead part §§ 2 3 4. But here in steede of the Negatiue rule is set downe the Affirmatiue the exceptions of which rule are prosecuted in the next Paragraphe Diuers kindes of goodes not deuiseable by will 1 Goods which a man hath iointlie with an other can not be deuised by will 2 What if the other ioint-tenannt be made Executor whether is the bequest good 3 Goods which a man hath as administratour cannot be giuen by will 4 Euerie administrator accomptable to the ordinarie 5 Difference betwixt the executor and the executor of an administrator 6 Goods of the realme that is to saie of the auncient crowne and iewelles can not bee giuen by will 7 Goodes belonging to a church or hospitall can not be deuised 8 Goodes belonging to a citie boroughe or communaltie can not be deuised 9 Church goodes can not be deuised 10 Things which descend to the heire and not to the executor are not deuiseable by will 11 Whether the corne growinge vpon the grounde whereof a man is seased in right of his wife be deuiseable 12 Whether corne on the ground be deuiseable by the lessee the lessor being seased in right of his wife 13 Corne growing deuiseable by the tenaunt by the curtesie of England 14 Corne growing deuiseable by the tenaunt in dower 15 Whether corne growing on lande morgaged bee deuiseable 16 Whether corne growing maie be deuised by the testators daughter where a sonne and heire is afterwardes borne or wherein the mother dooth recouer her dower 17 The testator cannot bequeath that which is an other mans §. vj. FIrst a man can not giue or bequeath by wil any of those goods or catelles which he hath iointlie with an other for if he should bequeath his portion thereof to a third person this bequest is voide by the laws of this realme a) Perkins tit deuise fol. 101. Doct. Stud. lib. 1. c. 6. licet ius ciuile contrarium dictet L. cùm alienum C. de legatis and the suruiuor which had those goodes or cattelles iointlie with an other shal haue that portion so bequeathed notwithstanding the said will b) Hoc verum iure regni nostri Angliae Doct. Stud. lib. 2. c. 25. secùs iure ciuili vt latè per Olden de action class 4. action pro socio In so much that if the testator make the other iointenaunt his executor against the which executor an action is commenced in the ecclesiasticall courte in a cause of legacie neuerthelesse the executor is not to be adiudged to possesse the said goodes as executor or by right of the will but by the title and right of the suruiuor c) Doct. Stud. lib. 2. c. 25. and so the executor is to be dismissed and the will in that respect to be iudged voide d) Vide supr ead part §. 3. n. 8. Secondlie an administrator can not make a testament of those goods which he hath as administrator to anie person dying intestate e) Brook tit administrator n. 7. Fitzherb eod tit n. 3. because he hath not anie such goodes to his own proper vse f) Plowd in cas inter Bransby Grantham fol. 525. 526. but ought there withall to paie the debtes and legacies of the dead person and to distribute the rest if anie thing doe remaine in Godlie and charitable vses g) c ita quorundam de testam lib. 3. prouinci const Cant. stat Ed. 3. an 31. c. 11. and for that cause euerie administrator is accomptable to the ordinarie for such distribution of the goods of the deceased committed to his administration h) d. Stat. Ed. 3. an 31. c. 11. And albeit an executor of an executor maie administer the goodes of the former testator i) Stat. Ed. 3. an 31. c. 25. yet the executor of an administrator can not administer the goodes of the former deceased but a new administration is to be cōmitted by the ordinarie of all the goods vnadministred by the late administrator as if he had also died intestate any testamēt or assignatiō of an executor by him notwithstāding k) Brook Abridg. tit administ n. 7. Principall grounds fol. 61.

c. in praesentia de probac. extr n. 39. Gabr. vbi supra n. 5. quae opinio communis est contra Bald. in d. Auth. ex complexu issue also is made capable of so much as is sufficient for needfull and conuenient sustentation hath preuailed against the rigour of the ciuill lawe and is to be obserued especially in the ecclesiasticall Court h) Idem iuris est in terris imperij gloss Panor in d. c. cùm haberet Bar. in ● Auth. ex complexu Decis Neap 164. n. 2. Dec. vbi supra Duen verb. filius reg 367. as more agreeable to nature equitie and humanitie And in this respect the lawes and statutes of this realme in prouiding aswell for the conuenient reliefe and keeping of poore and miserable children begotten born out of lawful matrimonie at the charges of the reputed father or mother i) Stat. Eliz. an 18. c. 3. without distinctiō whether such infantes were begotten in incest and adulterie or fornication k) Vbi enim lex non distinguit nec nos distinguere debemus L. de precio ff de pub in rem action as for the punishment of the mother and reputed father of such vnlawfull issue are worthily commended although in respect of the next limitation following they may seeme not altogether so worthie commendation The fourth limitation is grounded in the lawes of this realme which doo permit euerie man both by deede made and executed during their liues l) Perkins tit graunts fol. 11. Bract. lib. 2. c. 7. and also by their last willes and testaments to be executed after their deathes m) Perkins tit deuise fol. 98. to giue to deuise vnto anie their bastards without distinction all their lands tenements or hereditaments without restraint at the least more then wil suffice for their sustentation and much more then they are worthie of Which thing cannot but redounde to the great preiudice of right heires considering the daunger whereunto lawfull children are subiect and which they doo manie times sustaine through forcible ●latteries of vile dissembling harlots no lesse voide of all modestie then full fraught with all kinde of subtiltie with whose sweete poison and pleasant sting manie men are so charmed and inchaunted n) Videas c. 5. Prouerb Salom. that they haue neither power to hearken to the iust petitions of a vertuous wife praying and crauing for her children nor grace to denie the vniust demaunds of a vicious and a shamelesse whoore prating and grating for her bastardes neuer remembring that when Sara said to Abraham Cast out this bonde woman and her sonne for the sonne of this bond woman shall not be heire with my sonne Isaak Abraham by the commaundement of God hearkened to the voice of Sara o) Gen. c. 19. neuer once regarding that which diuers haue diligently noted that the brood of bastardes are commonly infected with the leprosie of the Sires disease p) c. si gens Anglorum ibi praepos distinct 56. Hinc est ait Peckius quod Sodomitarū vnà cum parentibus paruulos etiam coelesti igne consumpsit Dominus nempe quòd prospexerat paruulos hos idem flagitium admissuros Pec. in c. non decet de reg iur 6. and being encouraged with the example and patterne of their fathers filthinesse they are not onely prone to follow their sinfull steppes q) Mali cor●● malū ouum metuēda sunt paterni criminis exēpla L. quisquis C. ad L. Iul. maiest §. 1. but do sometimes exceede both them and others in all kinde of wickednesse The fift limitation is in the bastardes of kings and princes for a king may ex plenitudine potestatis make his vnlawfull issue capable of whatsoeuer by will deuisable hee dooth giue or bequeath vnto him r) Boer Decis 127 n. 17. Duen d. reg 366. lim 7. The sixt limitation is this the adulterous grandfather may bequeath anie thing to the lawfull children of his owne vnlawful sons or daughters or make them his executors s) Ias in L. haereditas C. de his quibus vt indig n 7. 8. Cui opinioni locum concederē etiamsi hic Auꝰ habeat legitimos filios Cùm apud nos nulla sit necessitas instituendi suos vt supra ead part §. 1 but so cannot the incestuous grandfather t) Bald. in L. si quis incestus C. de incest nup. Couar in d c. 8. de spōsal 2. part §. 5. n. 13. The seuenth limitation is this that the testator may bequeath vnto his incestuous or adulterous daughter a competent portion for her dowrie or preferment in mariage for this is accounted all one as if he did bequeath it vnto hir for hir alimentation v) Panor in d. c. cū haberet n. 5. Bar. in d. Auth. ex complexu quae conclusio ampliatur per Petr. Duen verb. filius reg 367. ampl 3. The eight limitation is this that an executor may make the testators bastard his executor x) Bar. in L. si his ff de vulg sub Bald. in L. eā qua C. de fidei commis n. 4. Clar. § testium q. 31. Intellige tamen nisi coniecturae interuenerint ex quibus fraus praesumatur Grass §. Institutio q. 7. n. 13. The ninth limitation is when the adulterous parents doo solemnize lawful matrimonie together before the birth of the childe y) Praepos in c. tanta vis Qui filij sunt legitimi extra n. 10. Card. eod c n. 7. Melch. Kling Tract de caus inr̄ion fol. 85. 86. for example A married man doth beget a single woman with childe for this is adulterie by the laws ecclesiastical of this realme z) Card. praepos alij in d. c tanta vis Kling vbi supra c. nemo 32 q. 4. Panor in c. transmissae de eo qui cog consang vx extra Clar. §. adulterium n. 2. although by the ciuill lawe it is but fornication a) L. 1. C. de adul L. inter liberos ff ead Clar. vbi supra immediatelie after his wife dieth after whose death he marieth the woman for so he maie b) Nisi praeter copulam mortis machinatio interuenisset vel fides data fuisset quia tunc non valet inter eos matrimonium iure cā c. super hoc c. significasti de eo qui dux in matr quam poll per adul extr sed an dissolui possint hodie nuptiae huiusmodi multum dubito occasione statuti H. 8. an 32. c. 38. after the mariage the child is borne In this case the childe is not onely capable of anie testamentarie benefite but is reputed a lawfull childe and not a bastarde c) d. c. tanta vis DD. ibidem as heeretofore hath beene disputed more fullie d) Supr part 4. §. 15. Concerning those bastards which are begotten of single persons such I meane as may lawfullie marrie together then in case the mother were a maide or an honest widdow immediatelie

executor she deliuered of diuers children whether shal euery of thē be executors 168 Church goods cannot be deuised 93 Churchwardēs may sue for a legacy left vnto the Church 202 Church if any thing be left vnto the Church what Church is vnderstood 251 Citation whether it be necessarie in prouing of testamants 224 Citation whether it be necessarie in making of an account 235 By the Ciuill and Canon lawes a King cannot giue away his kingdome 67 Clause derogatorie manifold 265 Clause being derogatarie of the power of making testaments mention or reuocation thereof is not necessarie 265 Clause being derogatorie of the will of making testaments then it is needfull to make mention thereof 265 In clauses derogatory what is chiefly to be obserued 267 Clauses derogatory of small force in the testaments of simple persons 268. This worde Codicill what it is 12 Codicill rightly defined 12 Codicill called a little will testament a great will 12 The Codicill compared to a boate the testament to a ship 13 Codicils vpon what occasion they were deuised 13 Codicils may be made in writing or without 13 Codicils may bee made either by him who hath made a testament or which dieth intestate 13 Codicils part of the testament whether they be made before or after the testament 13 Codicils testaments agree in the efficient cause but they haue cōtrarie effects 14 Coexecutor not excluded by his refusall before the ordinarie 183 In the Coexecutor many thinges considerable 215 Condemned to perpetuall prison whether hee may make a testament 46 Condition in a testament ad pias causas neede not be obserued precisely 31 Conditions expressed in the disposition do not alwais make the same conditionall 116 Conditions impossible or vnhonest do not make the disposition conditionall 117 Conditions necessarie whether they make the disposition conditionall 117 Conditions being referred to that which is past are improperly conditions 117 Conditions necessarily vnderstood do not make the disposition conditionall 117 Of Conditions some be necessarie some impossible or indifferent 121 Conditions necessarie 121 Conditions impossible diuers 122 Conditions possible manifold 122 Conditions necessarie or impossible doo not suspende the effect of the disposition 124 Conditions possible do suspend the effect of the disposition 124 Conditions partly certaine partly vncertaine do suspend the effect of the disposition 124 Conditions first possible afterwards impossible whether they make void the disposition 126 That Cōdition which is both impossible and vnhonest maketh voide the disposition 126 Conditions impossible by reason of repugnancie whether they make void the disposition 126 Cōditions possible whether they do alwaies suspend the effect of the disposition 127 Conditions inducing a forme are to be obserued precisely 128 The Condition whether it may bee performed by an other person thē him that is therein named 130 The Condition whether it be reputed for accōplished when the impediment is not in the partie 131 Conditions arbitrarie are accoūted for accomplished if the let proceed not from the partie 132 The condition not performed by the impediment of the testator whether the same be reputed for accomplished in law 134 The Condition being affirmatiue it sufficeth not to put in bonds 137 The cōdition being negatiue whether it be sufficiēt to put in bōds 138 The condition if it cannot be accomplished during life then it sufficeth to put in bonds 138 The condition being negatiue if it may be performed during his life to whom it is imposed there the caution hath no place 139 A condition negatiue is then said to be accomplished when it cannot be infringed 139 The Condition being once accomplished whether it be sufficient though it doe not endure 141 The Conditiō being casuall it sufficeth if it were once accōplished 141 The Condition being arbitrarie it is sufficient that the same was once accomplished 142 The Condition being mixt then it is sufficient that the same was once accomplished 142 The Condition if it endure not by his fault by whom it is to be accomplished the thing bequethed cannot be obteyned 143 The Condition beeing of mariage whether it be reputed for accomplished if the executor were once willing though afterwards vnwilling 143 Conditions against the libertie of mariage vnlawfull except in certaine cases 150 Condition with the arbitrement will or consent of another vnlawfull 150 Condition of prohibiting mariage with some persons not vnlawfull 151 Condition hauing relation to the mariage of a thirde mariage whether the same be vnlawfull 151 Condition prohibiting mariage not reiected when pia causa is substituted 152 Conditions affirmatiue about mariage not vnlawful but in some cases 152 Condition of mariage with the aduise or counsell of another not vnlawfull 152 Condition of mariyng with the consent of another to be obserued in part 153 Condition of not marrying doeth not hinder restitution simply imposed 153 Conditions within what time the same ought to be performed no certaine time beeing expressed 156 The Condition whether it may be performed before the making of the will 157 Conditions arbitrarie whē the same ought to be performed 157 The Condition whether it may be performed betwixt the making of the will and the death of the testator 158 The Condition within what compasse of time it may or ought to be performed after the Testators death 158 Condition of mariage whē it ought to be performed 159 Condition of prohibiting mariage whether it bee meant of the first mariage onely 151 Condition prohibiting mariage in some place not vnlawfull 151 Conditionall legacie not due before the condition be extant 290 The Condition depending if the legatarie die whether the legacie be transferred 290 Corne on the ground wherof a man is seised in right of his wife whether the same be deuisable folio 93 Corne on the ground whether the same be deuisable by the lessee the lessor being seysed in right of his wife 93 Corne on the ground whether the same be deuisable by the tenant by the curtesie 93 Corne on the ground deuisable by the tenant in dower 93 Corn growing on lands morgaged whether the same be deuisable so 93 Corn on the ground whether the same may be deuised by the testators daughter where a sonne and heire is afterwards born or wherin her mother dooth recouer her dower 94 Corn on the ground to be inuentaried 218 Corn in the barn bequeathed the same being spent and other corn there at the testators death whether the legacie be good 278 Custome of Gauelkind whence it sprang 71 Custome of deuising lands to certain vses reformed 72 D He that is both Deaffe and Dumbe may make a testament 51 Deaffe but not dumbe whether he may make a testament 52 Declaration of a mans will may be referred to another 148 Definition of a testament 3 The Definition of a testament vnworthily reprehended 3 Definitions dangerous in law folio 4 Definitions wherfore dangerous fol. 4 A perfect Definition very profitable 5 Definition of a last wil. 11 Definition