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.

CLXXXIII. Higham's Case. Mich. 28 Eliz. In the Common Pleas.

* 1.1IT was found by Special Verdict, That Thomas Higham was seised of 100 Acres of Lands called Jacks, usually occupied with a House; And that he Leased the said House, and 40 Acres of the said 100 Acres to J.S. for life, and made his Will; by which he devised the said House and all his Lands called Jacks, then in the Occupation of J.S. to his Wife for life: and that after the decease of his Wife, the Remainder thereof, and of all his other Lands appertaining to Jacks, to Richard his second Son, &c. It was said by Meade, That the Wife should not have by Implication the Re∣sidue of Jacks, for that she hath an express estate in the House, and 40 Acres of the Land; and her Husband having expressed his Will as to that, his Will shall not be construed by Implication to pass other Lands to the Wife. And it was said by him, That it had been adjudged in the Case between Tracy and Glover, That if Lands be devised to one and to his Heirs, and if he dieth without Heir of his body,* 1.2 that then the Land shall remain over; that in such case, the Donee hath but an Estate in tail to him and the Heirs males of his body.

And it was then also said by Anderson, Chief Iustice, That in the time of Sir Anthony Brown, it was holden, That if a Man be seised of two Acres of Land, and devised one of them to his Wife for life, and that J.S. shall have the other Acre after the death of his Wife; that the Wife hath not any estate in the later Acre, for the cause aforesaid: Afterwards, It was moved, What thing passed to the second Son by that Devise? And the Lord An∣derson conceived, That the words in the Will, Usually Occupied with it, did amount to as much, as Land let with it; and then the 60 Acres were not let with it, and therefore did not pass. Windham, Iustice, held the contrary; and he said, Although they do not pass by the words, Occupied with it; yet it shall pass to the Son by the name of Jacks, or, the Lands appertaining to Jacks, To which Anderson, mutata opinione, afterwards agreed.

Notes

• * 1.1

  2 Len. 226. More Rep. 221. 1 Cro. 15.
• * 1.2

  1 Roll. 839.