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.
Rights/Permissions: This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
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 1, 2024.

Pages

LXXX. Mich. 15 Eliz. In the Common Pleas.

A Man seised of Lands in Fee, devised,* 1.1 That his Wife should take the profits of his Lands, until Mary his Daughter and Heir came to the age of 16 years; And if the said Mary died, That J.S. should be her Heir. Manwood, The Daughter after she hath attained the age of 16 years, shall have the Land in tail; For De∣vises ought to be construed according to the intent of the Devisor, so far forth as any certainty with reason may be collected, but no intent shall be taken against all reason and certainty. It is cer∣tain, That the Daughter shall not have the Land in Fee; for that shall descend to her without any Devise: And these words (If she dieth) cannot be intended a Condition; for it is certain she shall die. But if the words had been, That after the death of Mary, J.S. should be his Heir; in such case, Mary had had but an Estate for life, for there it is limited what Estate she should have. And when it is said, J.S. shall be his Heir, it shall be meant his Colla∣teral Heir, so as the Estate tail remains in the Daughter. Moun∣son and Harper, to the contrary, and that she shall have but for life. And by Mounson, If Mary had been a stranger to the Devise, she should take nothing. And this Case was put by Barham, Serjeant, A Man deviseth 100l. to his youngest Daughter, 100l. to his mid∣dle Daughter, and another 100l. to his eldest Daughter; and that all these sums shall be levied of the profits of his Lands. It was holden by the better Opinion of the Court in this Case, That the youngest Daughter should be first paid, and then the middle, and then the eldest Daughter; and that was said to be Coniers Case.

Notes

* 1.1

1 Len. 101.

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