Selected quad for the lemma: truth_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
truth_n	world_n	write_v	wrong_n	21	3	8.3097	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A93118	The touch-stone of common assurances. Or, A plain and familiar treatise, opening the learning of the common assurances or conveyances of the kingdome. By VVilliam Sheppard Esquire, sometimes of the Middle Temple.	Sheppard, William, d. 1675?	1648 (1648)	Wing S3214; Thomason E528_1; ESTC R203541	687,813	543

2. 55. Testament of her husbands goods and the husband doth after her death connive at the Probate and deliver the goods accordingly hereby the Testament of the wife is become good but if an Infant or mad man make a Testament in the time of his Infancy or madnesse and after the Infant or mad man become of full age or sober before his death it seemes these Testaments are void And yet if the Infant at his full age or the mad man when he is sober make a publication of this Testament it may perhaps bee good If a man make a former and a latter Will and by this latter the former is revoked and after the Testator declare himself that the Perk Sect. 479. Coo. 〈◊〉 61. Plow ●44 former shall stand by this the former that was void before is now become good again● And yet if a man make a Will that is void and it be proved after his death this Probate will not make it good but it doth remaine void as it was before If a Feme sole make a Will and then take a husband whereby the Will is countermanded and so become void if her husband die so that she become sole againe this accident will not make the Will good againe but it doth remaine void still but perhaps by a new publication after shee doth become sole it may become good againe See more infra at Numb 11. To the making of a good and sufficient Devise these things are 7. What shall be said a good and sufficient Devise or Legacy or not ●ee before at Numb 4. requsiite 1. That there be a devisor and that he be a person able to devise and that both in respect of the condition of his owne person and of the thing whereof the Devise is made 2. That there be a Devisee and that hee bee a Person capable and able to receive the thing devised either at the time when the Devise is made or at least when the Devise is to take effect 3. That the Devisor have at the time of the devise made animum tostandi i. a mind to make a devise 4. That the Will of the Devisor be free and not drawn or coacted by fraud slattery feare or the like 5. That the Devise be made in due manner and forme 6. That the thing devised be a thing devisable 7. That it be devised First in respect of matter touching the Devisor and who m●y be a Dev●●●r upon lawfull termes and conditions 8. That there be words sufficient Perk. Sect. 40● See before at Numb 4. and after at Numb 17. to make his mind known 9. That it bee proved after the death of the Devisor 10. And if it be a Devise of land it is further required that the Devisor be solely seised of the land and not jointly seised with another and that he be seised of an e●●ate in ●ees●mple and that the Devise be in writing And for the first of these it is to be known that whosoever may make a Testament may make a devise of the same thing of which he may make a Testament Et sic è converso And whosoever is disabled to make a T●stament is disabled to devise by such a Testament And therefore In●ants may not devise their lands untill they be 21 yeares of age nor their goods and chattels untill they be 14 yeares of age or as some say untill they be 18 yea●es of age a Coo. super Litt. 110. 4. 61. ●●oo Devise 32. Women that have husbands cannot devise their lands to their own husbands or others either by or without their husbands consent albeit there be a custom to enable them thereunto but all such devises are void b Perk. Sect 496. And Spirituall persons as Archbishops Bishops Deanes Archdeacons Secondly in respect of the matter touching the Devisee And who may be a Devisee And by what name Prebends Persons Vicars or any member of a Corporation may not devise the lands or goods they have in the right of their churches and Corporations And for the second thing this is to bee known 1. that regularly whosoever may be a Grantee may be a Perk. Sect. 50● 510. Swinb 212. see infra a● Numb 18 Devisee or Lega●ee And therefore a Devise made to any person or persons male or female children or strangers bondmen or freemen Lay men or clerks debtors or creditors Infants or men of full age women sole or covert Colledges Universities Corporations or the like are good But it is said that if any Legacy be given to an Heretick Apostate Traitor Felon Excommunicate person Out-lawed person Bastard unlawfull Colledge Libelier Sodomite Usurer Recusant convict it is void by the Civill Law except it be in some speciall cases And yet it seemes a Devise of lands to any such person is good within the Statute of Wills c D●er 303. 304. B. R. Curia Mic. 13. 〈◊〉 A Devise to an Infant in the womb of its mother at the time of the death of the Testator is void d New Termes of the Law ●it Devise See infra Numb 11. And yet if a man devise to such an Infant and hee happen to bee borne before the death of the Testator it seemes in this case the Devise is good for it is a rule e 9. Ia. B. R. That the Devisee must be capable of the thing devised at the time of the death of the Devisor if it be then to take effect in possession or if it be a remainder he must be capable of it at the time when the remainder shall happen or otherwise the Devise is void f Litt. sect 168. Litt. Broo. sect 55. And a man may devise his lands goods or chattels to his own wife as well as to any other 2. But he that may be thus a Devisee and is capable of a thing devised must be certainly named and described ●ncertainty for if a Devise be to a person altogether incertaine the Devise is altogether void g M. 19. I● Curia B. R. Crumpe versus Bodie And therefore if I give my land to my best friend or to my best friends these are void Devises So if I give my land to a Vicar and say not to what Vicar this Devise is void and no averment will help in this case h Coo. 6. 68. Swinb 293. 29● 295. 296. If one have two Averment sonnes of one name called I S and he devise to his sonne I S without any distinction it seems this Devise is void for uncertainty but in this case perhaps an averment which son is meant may help So if one give to I S 20l. and there be two or more of that name this Devise is void except it may be proved by some thing which of them he meant So if one say in his Testament I give to one of the world 10l ●his Devise is void for incertainty So if one give him 10l whose name is written in a

Schedule in the custody of such a man and in truth there is no such Schedule in the custody of such a man to be found or if there be no name written therein it seemes these Legacies are void for incertainty So if a man give a Legacy to a man incertaine and no such man is to be found and the meaning of the Testator cannot be known this Devise is void And yet if a man by his Will say thus I devise to him that shall marry my daughter this is a good Devise and he that doth marry my daughter in my life time or after my death shall have it And if a man devise any thing ad pias causas as to the Church or to the Poore not expressing what Church or Poore this perhaps may be a a good Devise So if a man give 20l. to his kindred it is said this is a good Devise and that a reasonable exposition shall be made of it as neer the intent of the Testator as may be viz. that those in the next degree shall have it first and then those in the next degree to that shall have it afterwards and if it be a Devise to the kindred of another man that they shall have it equally Sed quaere of this Devise for it seemes altogether uncertaine So if a man give to I S or I D 20l. this is held Swinb part 7. sect 9. to be a good Devise albeit it be somewhat incertaine and the disjunctiue shall be taken for a copulative and so I S and I D shall take both by this Devise but if in this case one of them be nearer of kin then the other then it is said he shall have it for his life an● the other afterwards And if one devise 20l. to A or B which of them I S will appoint this is a good Devise and hee that I S shall appoint shall have it And if one devise to I S and his children this is a good Devise and certaine enough and hereby he and Plow 345. Coo. 1. 105. 155. Perk. sect 508. his children shall take the thing devised together 3. And as the person to whom the Devise is made must be capable and certainly described and named so must he be capable by that name by which the Devise is made to him or otherwise the Devise is void And therefore if a Devise be to the heires of I S I S being living this Devise is void And yet if ●ands or goods be devised to the Executors of I S and I S die before the Testator and make Executors this is a good Devise to the Executors And if a man devise his land to I S for life the remainder to the next of kin Fitz. Devise 27. Plo. 523. Perk. sect 509. 510. ●●oo Corporation 55. or next of blood of I S this is a good Devise of the remainder And i● a man devise goods to the Pari●●ioners of the Parish of S to the use of the Church this is a good Devise and the Church-wardens may recover it And if a man devise Eccle●●● sanct● Andre● dre● de Holborne it seems this is a good Devise to the Person of that Church And if a man devise to the City of London University of Oxford or to Queens Colledge in Oxford these are good Devises But if one devise to the Cominalty of a Guyld that is not inco●porate as to two of the middle men of the Guyld of the ●raternity of whiteacres in London or the like this devise is void 4. And if the person be capable wel-named and capable by that name if his name be truly set downe yet if his name be not so Dyer 4. Perk. sect 50● Swinb 289. 290. 〈◊〉 but mistaken the Devise is void And therefore if one intending to give 20l. to I S devise to I N 20l. this devise is void both to I S and I N except the person be certainly denoted and described by some other circumstance as to I N the sonne of I S my Lanlord or the like So if one devise to the Abbot of S. Peter when the foundation is the Abbot of S. Paul this Devise is void And if one devise to a Corporation and there be none of that name at the time of the Devise nor during the life of the Testator this Devise is void and so also it seemes the Law is if there be a Colledge made after of that name But if one devise a thing to Plow 344. the wife of I S and before the Devisor die I S dye and she take another husband and is called by another name yet this Devise is good So if one give a Legacy to I S Deane of Pauls and the Chapter there and their Successors and after before the death of the Devisor I S dye and another is made Deane yet this Devise is good notwithstanding this mistake For the third and fourth thing required in a good Devise see before at Numb 4. Part. 2. 3. And for the fifth thing it is to be knowne 1. Coo. supe● Litt. ●11 Plow 345. Swinb par● 1. sect 12 That lands and tenements devisable by custome may be devised by Fifthly in re●p●ct of matter t●u●hing the manner and forme of the Devise And how a Devise may be made a Nuncupative Will without any writing for any time whatsoever as Uses at the Common-Law that are now within the Statute might have been Also those Uses that remaine at the Common-Law and are not within the Statute may be devised by word without any writing But no estate can be made of lands by Devise upon the Statute except the Devise be in writing and so a man may devise his land albeit he make no Executor for an Executor hath nothing to do with the Free-hold of land Also goods and Plow 345. Swinb part 1. Sect. 1● Dyer 140. chattels leases for yeares of Lands Wards Villaines and the like may be devised by word without any writing at all And yet it seemes questionable whether a Lease for yeares of a Rent Common or such like thing be devisable by word without writing 2. Swinb part 4. sect 4. Plow 23. Littl. Broo. sect 316. Dye● 23. The forme of words in a Devise is not at all regarded and therefore if one say I give institute desire appoint or will that I S shall have my land or that I S shall have 20l. or let I S have my land or 20l. all these Devises are as good as if he say I devise to I S my land or 20l. And therefore if one at this day since the Statute of Uses devise that his Feoffees of the land shall bee seised of the land to the use of I S and his heires or to the use of I S and the heires of his body or if such a man devise that his Feo●fees shall make an estate of the land to I S and his heires or to him and the heires of his body this is a

the goods of the deceased into his own possession give and sell them pay the debts of the deceased therewith release the debts due to the deceased and the like And a man may make himselfe such an executor by any such intermedling with the office and work of an executor as followeth 1. By proving the Will with the money of the dead but to prove another mans Will at my own charge will no more make me chargable as executor of mine own wrong then to bu●y the deceased in a decent manner out of his own estate 2. By a seising gaining keeping and using of the goods of the deceased as a mans own especially if he convert them to his own use sell or otherwise dispose them and every colour of title will not help in this case for if a man make a Deed of gift of all his goods and chattels to another and dyeth intestate and this in truth is fraudulent and in trust and the Donee after the death of the Donor doth dispose of these goods and chattels as his own in this case and by this meanes he shall be esteemed as executor of his own wrong And yet if the Deed of gift be bona fide in satisfaction of a just debt and the goods be no more then the debt it may be otherwise but if the goods be much more then the debt there it seemes he shall be charged so for the overplus and that whether he have them in possession or not and so was the opinion of Iustice Jones at Gloucest Assises 9. Car. If the Ordinary grant Letters ad colligendum vendendum the goods of the deceased that are like to perish and I S to whom the Letters are made under colour thereof doth take and sell the goods hereby he may make himselfe chargable as executor of his own wrong for the Ordinary hath no such power himselfe and therefore he may not give that power to another If a man that is next of kin procure a Begg●r or a stranger to take out an administration and then to make him Stat. 43. ●●●z cap. 8. a Deed of gift of all the goods for a small matter he may bee thus charged for the overplus of the worth of the goods more then Plich 7. Ia. Co. B. per. ch Iustice he gave So if a Debtor procure such an administration to bee taken out and then get a Release of his debt from the administrator this may make him chargable as executor of his own wrong for so much as his debt doth come unto And yet a man may take away his own goods that were in the hands of the deceased without danger And every having and possession of the goods of the deceased will not make a man executor of his own wrong * Trin. 17. Iac. per chiefe Iust For if a man dye in my house and have goods there and I keep them untill I can be well discharged of them this will not make me chargable as Executor of mine own wrong * Coo. 5. 34. Kelw. 63. So if I do only lay up the goods of the deceased to preserve them in safety for him that shall have right to them this will make me no more chargable then if I take an Inventary of all the goods of the deceased So if another man take the goods of the deceased and sell them to me or give them to me howsoever this will make him chargable as Executor of his own wrong yet this will not make me chargable so Neither will every disposition of the goods of the deceased make a man Executor of his Kelw. 63. 52. 33 H. 6. 31. 32 H 6. 6 Dyer 167. Coo. 5. 34. 20 Ed. 4. 17. Fitz. Executors 122. own wrong for if a man sel some of the goods of the deceased where there is need to help forward a decent Funerall of the body of the deceased this is no such disposition as to make a man chargable thus So if I deliver the wife of the deceased her necessary wearing apparell or if I be wife to the deceased and take it my selfe So where I take any of the deceaseds goods into my hands by mistake supposing them to be mine own or under colour of title as when I have a good Deed of gift or sale of them without any fraud or covin or under a good authority as when I take them upon a warrant from the Sheriffe that hath processe out of the Exchequer to take them or as a Trespassor only as when I kill or otherwise abuse the cattell such an intermedling with the goods of the deceased will not make a man chargable as Executor of his owne wrong neither may I so bee charged in these cases The third way by which a man may make himself chargable as Executor of his own wrong is by delivering of the goods of the deceased to Creditors in satisfaction of their debts or by selling any See the 〈◊〉 before of the goods of the deceased to pay the debts of the deceased and paying the same with the money made thereof but to pay the deceaseds debt with a mans own money will not make him chargable so The fourth way by which a man may make himselfe so chargable is by receiving any of the debts due to the deceased Dyer 166. The fifth way by which a man may make himself chargable so is by releasing any debts or duties due to the deceased The sixth way by delivering any Legacies given by the deceased in kind Dyer 166. or by paying any Legacies except it be with a mans own money The seventh way by taking a mans Legacy given to him before the Executor have accepted of the Executorship and assented to the Legacy The eighth way by sueing as Executor to the deceased for any debt due to the deceased And the ninth way by taking upon him to sell the lands of the deceased as his Executor In all these cases and by all these and such like meanes a man may make himselfe an Executor of his own wrong So that if an Executor after he Dyer 105. hath legally waived the Executorship or an Administrator after his Administration is repealed and revoked intermeddle with the estate in any such manner he may bee charged as Executor of his own wrong And if a woman take more of her wearing Dyer 166. 33 H. 6. 31. apparrell then is necessary and convenient for one of her ranke and condition without Legacy of the husband and licence of the Executor shee may bee charged thus And if a man under colour of an Administration that is not good Dyer 255. 166. Coo. 5. 34. 9. 39. or of a Commission ad colligendum bona defuncti that is not good or of a Will when in truth there is none at all or no good Will doe take upon him to intermeddle with the goods and to dispose of the estate in manner as aforesaid by this meanes he may make himselfe chargeable