The reports of Sir Peyton Ventris Kt., late one of the justices of the Common-pleas in two parts : the first part containing select cases adjudged in the Kings-Bench, in the reign of K. Charles II, with three learned arguments, one in the Kings-Bench, by Sir Francis North, when Attorney General, and two in the Exchequer by Sir Matthew Hale, when Lord Chief Baron : with two tables, one of the cases, and the other of the principal matters : the second part containing choice cases adjudged in the Common-pleas, in the reigns of K. Charles II and K. James II and in the three first years of the reign of His now Majesty K. William and the late Q. Mary, while he was a judge in the said court, with the pleadings to the same : also several cases and pleadings thereupon in the Exchequer-Chamber upon writs of error from the Kings-Bench : together with many remarkable and curious cases in the Court of Chancery : whereto are added three exact tables, one of the cases, the other of the principal matters, and the third of the pleadings : with the allowance and approbation of the Lord Keeper an all the Judges.

Willows versus Lydcot.

VPon a Writ of Error upon a Iudgment in Ejectment in B.R. which was brought for a Messuage in St. Martins in the Fields.

Vpon the General Issue pleaded, and a Special Verdict found, the Point was to this effect:

William Shelton was seised in Fee of the said Messuage, and of dvers other Messuages situate in the said Parish of St. Martin, and other Parishes, and made his Will in Writing, and thereby Devised his Houses in the other Parishes to divers Charitable Vses, and then devised to one Edward Harris and Mary his Wife the Messuage in question for their Lives; and then in the follow∣ing Clause, the better to enable his Wsfe to pay his Legacies, he

devised all his Messuages, Lands, Tenements and Hereditaments whatsoever, within the Kingdom of England, (not above disposed of) to have and to hold to her and her Assigns for ever; and made her Executrix. And the Verdict was found, That Edward Harris and Mary his Wife were dead, and that the Testator left sufficient to his Wife to pay his Legacies, without the Reversion of the said Messuages devised to Harris and his Wife: That the Lessor of the Plaintiff was Heir at Law to the Testator, and that the Defen∣dants claimed from Anne, Wife of the Testator, &c. & si super totam materiam, &c. And Judgment was given in the Kings Bench for the Plaintiff.

And upon a Writ of Error brought in the Exchequer-Chamber, it was this Term Argued before the Justices and Barons, and by the Opinion of them all the Judgment was Reversed.

For they held, that there were words in the Devise to the Testa∣tors Wife that would carry the Reversion of this House as an Hereditament undis••o••d of. Vide the Case of Wh••eler and Wal∣roon in Allen's Rep. 28. one having a Mannor and other Lands in Somerset-shire, Devised the Mannor to A. for Six years, and part of the other Lands to B. in Fee; and then comes this Clause,—and the rest of my Lands in Somersetshire, or elsewhere, I give to my Brother; and it was adjudged by the word [Rest] the Rever∣sion of the Mannor passed as well as the Lands not Devised before.

A Case about 20 years ago was cited by the Counsel for the De∣fendant, in the Writ of Error, between Bowyer and Milbanke, in a Bo∣rough where a Nuncupative Will would pass Lands by the Custom, a man upon his Death-Bed being asked about his Will, said, I Give All to my Mother, and repeated the words twice or thrice, Raymond's Rep. fo. 97.

It was held that would not pass the Land; for it was said, that it were hard that Lands should pass by a Parol Will by Custom, unless there be express and plain words to shew the Intention.