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The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

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Title
The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.
Author
Leonard, William.
Publication
London :: Printed by the assigns of Richard and Edward Atkins ... for Henry Twyford, Thomas Basset, William Rawlins and John Place,
1686.
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Subject terms
Law reports, digests, etc. -- England.
Law -- England -- Cases.
Link to this Item
http://name.umdl.umich.edu/A47718.0001.001
Cite this Item
"The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A47718.0001.001. University of Michigan Library Digital Collections. Accessed June 7, 2024.

Pages

Page 106

CLVI. Nich. Lee's Case. Pasch. 26. Eliz. In the Kings Bench.

* 1.1NIch. Lee by his Will devised his Land to W. his second Son; And if he do depart this World, not having Issue, then I Will my Sons-in-Law shall sell my Land. The Devisor at the time of the Devise having six Sons-in-Law, died; W. had Issue John and died; John died without Issue; one of the Sons-in-Law of the Devisor died; the five surviving Sons-in-Law sold the Land. 1. It was clearly agreed by the whole Court, that although the words of the Will be, ut supra, If W. my Son depart this World, not having Issue, &c. And that W. hath Issue which dieth without Issue, there although it cannot be said Literally, that William did depart this World not having Issue; yet the intent of the Devisor is not to be restrained to the Letter; but Construction shall be made, that whensoever W. dieth (in Law upon the matter) without Issue, the same Land shall be subject to sale ac∣cording to the Authority committed by the Devisor to his Sons-in-Law: And now upon the matter W. is dead without Issue. As in a Formedon in the Reverter or Remainder, although the Donee in tail hath Issue, yet if afterwards the Estate tail be spent, the Writ shall suppose, that the Donee died without Issue: a fortiori in the case of a Devise, such Construction shall be made.

As to the other point concerning the sale of the Land, Wray demanded, if the Sons-in-Law were named in the Will? The Clerks answered, they were not. See 30 H. 8. Br. Devise, 31 and 39 Ass. 17. Fitz. title, Executors, 117. Such a sale is good in case of Executors. See also, 23 Eliz. Dyer, 371. And see 4 and 5 Mar. Dyer, Land devised in tail, and if the Devisee shall die without Issue, that then the Land shall be sold pro optimo valore by his Executors una cum assensu of A. if A. dieth before sale, the power of the Executors is determined. And afterwards it was clearly resolved by the whole Court, that the sale, by the man∣ner aforesaid was good; and Iudgment given accordingly.

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