The Second part of Modern reports, being a collection of several special cases most of them adjudged in the Court of Common Pleas, in the 26, 27, 28, 29, & 30th years of the reign of King Charles II. when Sir. Fra. North was Chief Justice of the said court. : To which are added, several select cases in the Courts of Chancery, King's-Bench, and Exchequer in the said years. / Carefully collected by a learned hand.
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Title
The Second part of Modern reports, being a collection of several special cases most of them adjudged in the Court of Common Pleas, in the 26, 27, 28, 29, & 30th years of the reign of King Charles II. when Sir. Fra. North was Chief Justice of the said court. : To which are added, several select cases in the Courts of Chancery, King's-Bench, and Exchequer in the said years. / Carefully collected by a learned hand.
Publication
London, :: Printed by the assigns of Rich. and Edw. Atkins for Charles Harper at the Flower de Luce over against St. Dunstans Church in Fleetstreet,
1698.
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Subject terms
Law reports, digests, etc. -- Great Britain.
Cite this Item
"The Second part of Modern reports, being a collection of several special cases most of them adjudged in the Court of Common Pleas, in the 26, 27, 28, 29, & 30th years of the reign of King Charles II. when Sir. Fra. North was Chief Justice of the said court. : To which are added, several select cases in the Courts of Chancery, King's-Bench, and Exchequer in the said years. / Carefully collected by a learned hand." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A80192.0001.001. University of Michigan Library Digital Collections. Accessed May 9, 2024.
Pages
Smallwood versus Brickhouse.
THE Suggestion was, that B. being under the Age of sixteen years had made a Will, and that the Prerogative Court proceeded to the proof of it; whereas by the Common Law a person is not capable till 17 years; and therefore a Prohibition was prayed.
And that the Common Law hath determined the time my Lord Coke's Comment upon Littleton was cited, 1 Inst. 89. b. where 'tis said, That at 18 years of Age he may make his Testament and constitute Executors; and the Age of a person is triable also in pais.
But the Court said, that the Proof of Wills and the Validity of them doth belong to the Ecclesiastical Court; and if they ad∣judge a person capable, the Court will not intermeddle, for 'tis within their Iurisdiction to adjudge when a person is of Age to make a Will; and sometimes they allow Wills made by persons of 14 years of Age, and the Common Law hath appointed no time, it depends wholly on the Spiritual Law; and therefore a Prohibition was denied
Notes
Spiritual Courts are proper to determine where a person is capable of making a Will. Godolph. 276.