Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.

Statutes.

32. H. 8. cap 1. He that hath Lands, Te∣nements, or hereditaments in Soccage, and none holden by Knight-seruice, or Soccage in chiefe, may deuise all by his Will in wri∣ting, or giue all by an Act executed in his life. So may he that hath land holden by Soccage in chief, & other holden of a com∣mon person by Soccage, & none holden by Knight seruice: sauing to the king, primer seisin, releife, suing of the same out of the Kings hands; fines for alienation, &c. & al other duties for the Soccage in chief, as be∣fore hath beene accustomed.

He that hath land, &c. holden by Knight seruice (whether he haue other lands holdē of the King, or of any other person, by Knight seruice, or otherwise, or not) may doe the like for two parts in three to be di∣uided in certaintie, for the aduancement of his wife, children, and payment of his debts. Sauing to the King the Wardship, or primer seisin, of the third part, with∣out any charge, dower, &c. and fines for a∣lienation.

He that hath lands, &c. holden by knight seruice (whether of the King alone by a Knight Seruice not in chiefe, or of a Common person, or some holden of the

King, some of a common person) and other lands in Soccage, may deuise by Will, or giue by any Act executed in his life, two parts of that holden by knight seruice, and all the Soccage: Sauing to the Lord of the land holden by Knight Seruice, the Wardship of a full third part thereof, with∣out any charge, dower, &c.

Prouided, That euerie one shal sue his li∣uerie, reliefe, and heriot, as if this Act had neuer been made.

34 H 8. cap. 5. The former Statute shall be extended to inhable deuises or other acts onely of lands in fee simple.

And if the partie that maketh the Will or other Act, be seised in Coparcenarie, or in Common, it shal be good for so much as in himselfe of right is.

The wardship, reliefe, primer seisin, &c. shall be of lands that discend immediately after the death of him that maketh the wil or other act, as well in fee-taile as in Fee∣simple: and the deuise of two parts residue shall be good, though it be of all his fee simple lands. Such a will shal be good for two parts (in case onely where two may be deuised) though it made for the whole, or more than two parts.

Such Wils made by any woman couert, or person within xxj yeares of age, Ideot, or non sane memorie, shall not be good.

And so some other things there, for the explanation of the former statute.

Westm̄ 2. cap. 23. Executors from hence∣forth shal haue a Writ of account, and like action and processe in the same Writ, as their Testator should if he had liued.

4 E. 3. cap. 7. Executors shall haue an Action for a trespasse done to their Testa∣tor: as of his goods and Chattels carried away in his life, and recouer their damma∣ges in like manner as he whose executor he is should haue done if he had liued,

The Executors must prooue (a) 1.1 or make probate of the Will (to be a true one) in the Spirituall Court, and be (b) 1.2 sworne to see it performed.

If many Executors be made, and one refuse; yet he may administer at his plea∣sure, * 1.3 and the other must name him in eue∣rie Action for any dutie due vnto the Te∣stator, and his release shall be a barre of the whole dutie. And if he suruiue the other Executor, he shall haue the action, and not the Executor of him that died.

Otherwise it is if they al refuse, for there * 1.4 the Testator dieth intestate.

But an Executor once administring, As * 1.5 if he sell land in vse, appoints by the wil to be sould, and the mony to be disposed, &c. can neuer refuse after.

Executors must answer all certain du∣ties of the Testators, But not for (a) 1.6 a trespasse done by him, burning of a Wri∣ting bailed vnto him by Deede indented;

receit (c) 1.7 of rents, or occupation of other mens lands, as Bailife, hauing sufficient of his Chattels which we call assets enter∣maines, to doe it. And therefore shall bee charged of their owne goods, if they waste the Testators.

But so, as duties that grow by special∣tie * 1.8 are to be answered before other duties, and legacies to be last of al deliuered: with∣out * 1.9 which deliuerie, the deuisee can neither enter (d) 1.10 into a Tearme, nor take (e) 1.11 a chat∣tell personall deuised to him. But vpon a lease deuised for xx: yeares to one for the fi••h x. yeares, the remainder or remnant of the terme to another: or deuised to one for * 1.12 so many yeares as he shall liue, the remain∣der to another: a deliuerie to the first De∣uisee serueth for him in the remainder also. * 1.13 So, though it be but the occupation of a term, which is so deuised: for the occupatiō and profits of the land is all one with land it selfe. But if the occupation of a Booke, * 1.14 glasse, or other Chattell personall bee deui∣sed to one for life; and after his death, to another in like sort: there a deliuerie to the first is no deliuerie to the other; for their occupations are seuerall, and in such Chat∣tels personall, the occupation is distinct frō the propertie.

In these deuises the Testators intent (standing with the rules of Law) shall be taken. As where a man deuiseth Lands * 1.15 (deuisible by Custome) to his sonne and

heire after his wiues death; the wife hath an estate during her life, by implication, in the intent of the deuise. A deuise to one * 1.16 and his heires males, is an estate taile. But * 1.17 a deuise to I. S. in fee, vpon condition, if he pay not to I. D. a certaine summe of mo∣nie, then I. D. to haue it in fee; is a voyde Condition and remainder, for it is contra∣rie to Law. But a deuise of the Fee-simple to Alice S. and after her death to B. is only * 1.18 an estate for life, the remainder for life to B the remainder to Alice in fee. So as the husband of Alice (if she die in the life of B) cannot be Tenant by Curtesie.

The Executor of an Executor, is Exe∣cutor * 1.19 to the first Testator, and may haue an Action of Debt for the arrerages of an Annuitie due vnto him.

Notes

• (a) 1.1

  21. E. 4. 24.
• (b) 1.2

  21. El. Pl. 54••
• * 1.3

  21. E. 4. 23.
• * 1.4

  36. H 69.
• * 1.5

  9. E. 4. 47.
• (a) 1.6

  11. H. 4 46.
• (c) 1.7

  F N. B. 117. ••. 2. H. 6. 12.
• * 1.8

  11. H. 7. 1••
• * 1.9

  21. E. 4. 21.
• (d) 1.10

  20. E. 4 9.
• (e) 1.11

  2 E. 4. 30. 37. H. 6. 30.
• * 1.12

  20. El. Pl. 519.
• * 1.13

  21. El. Pl. 539.
• * 1.14

  37 H. 6. 30. & per 20. El. Pl 521.
• * 1.15

  1••. H. 7. 13.
• * 1.16

  27. H. 8. 27.
• * 1.17

  29. H. 8 Dy. 33.
• * 1.18

  19. El. Dy. 357.
• * 1.19

  10. E. 2. Ex••c. 110.