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A Devise ought to be good and effectu∣al at the time of the death of the Devisor.
The Devisee may not enter into the terme, or take a Chattell, but by the deli∣very of the Executor.
But he may sue for it in Court Christian.
Into Frank-tenement, or inheritance he may enter.
Devisees are Purchasees, as if a Lease for years be Willed to a man and his Heires, the Heire shall have it; for Heire is a name of purchase here.
A Reversion of Lands or Tenements will pass by the name of Lands and Tenements in a Devise.
If a man devise all his Lands and Tene∣ments; a Lease for years doth not pass, where he hath Lands in Fee, and also a Lease there; otherwise it will.
If a man devise all his goods, a Rent-charge which he had for years will pass, and all o∣ther his personall Chattells.
And if a man give all his moveables to one, he shall have all his Horses, Cattell, pans, and personall chattells; and all his immoveables to another, he shall have all his Corn grow∣ing, and fruit on his Trees, and the chattells reall.
A man may devise Lands or goods to an Infant in the mothers belly, or goods to the Church-wardens of D.
There is great diversity where the property is devised, and when the occupation is devi∣sed: A man may devise that a man shall have the occupation of his Plate, or other chattells during his life, or for years, and if he die within the term, that it shall remain to M. A. and it is good, for the first hath but the oc∣cupation, and the other after him shall have the property.
But if a chattell be given to one for life, the
remainder to another, the remainder is voyd.
For a Grant or Devise of a Chattel for an houre, is good for ever; and the Devisee may dispose of it; but if he do not, the other shall have it.
A man may Devise his Lands he holdeth in Lease, but not his Lease, under this condition; Provided, that if the Devisee die within the term then he shall have it.
If a man Will his goods to his wife, and that after her decease, his Son and Heir shall have the House wherein they are; she shall have the house for term of her life, yet it is not devised unto her by express words. But it doth appear that his intent was so by the words.
If a man willeth his Lands to his wife, til his Son commeth to the age of 21 yeers, and the woman taketh another husband, and dyeth, the husband shall have the Interest.
By a Devise a man may have the Fee-simple without express words of Heirs, as if Lands be willed to a man for ever, or to have and to hold to him and to his assignes, &c.
By Will, Lands may be intailed without the word, Body: as if Lands be given to a man, and to his heirs male, it doth make an estate tail.
If a man Will that his Executors shall sell his Lands, the inheritance doth descend to
the Heir; yet the Executors may enter, and enfeoffe the Vendee.
But if Lands be given to the Executor to sell, and they receive the profits thereof to their own use, and do not sell the same in reasonable time, the Heir may enter.
An Executor may sell, if the other will not.
If Lands be recover'd against Tenant for life or for years, by an action of Waste, or for∣mer title, he may not give his Corn.
If the Cognizee have sown the Lands, and the Cognizor bring a scire: he may give the Corn sown.
If a man Devise omnia bona & Cattalla, Hawks nor Hounds do not pass, nor the Deer in the Park, nor the Fish in the Ponds.