5. Where and how a testament, good in its beginning, may become void by matter ex post facto, or not 1st. By countermand or revocation 2nd. By cancelling of it 3rd. By alteration of the estate of the testator 5th. By making another of the same date 6th. By the declaration of the testator p. 409 ib. 411 ib. 412 ib. 413 6. Where a testament, void or voidable in its inception, may become good by some matter or accident ex post facto; and where not 7. What shall be said a good and sufficient devise or legacy, or not 1st. In respect of the devisor, and who may be the devisor 2nd. In respect of the devisee; and who may be a devisee; 5th. In respect of the manner and form of the devise; and how a 7th. In respect of the tenures and conditions, causes and ends of the devise 433 8. The exposition of testaments and devises, and how they shall be construed and taken 434 1st. In respect of the person that is to take by the devise; and what, and when, and how he shall so take by the devise 9. Devise of lands to executors or others to sell; or that executors or others shall sell, or otherwise dispose of them; how this shall be taken, and what sale and disposition shall be good, or not 448 10. Devise upon condition, and what words in a will shall be construed in the sense of a condition, and what not 450 11. Where a devise, void or voidable in its inception, may become good by matter ex post facto, or not 451 12. Where a devise, good in its inception, shall or may become void by matter ex post facto, or not 13. Where a legacy shall go to the executor when the legatee doth die, before he doth receive it; and where not 453 14. Where an executor, upon a devise to him, hath an election to have the thing devised as executor, or as legatee; and when he shall have it in the one right or in the other, and what act shall make a declaration of his election 16. Where an assent is necessary, or not; and where a man may enter into the lands, or take the goods or chattels devised, unto him, without the assent or delivery of the executor; and what shall be said a sufficient assent to execute a legacy, or not 17. How a devisee may attain the thing devised; and what remedy he shall have to recover it, or damages for it 458 18. What person may make or appoint an executor, and what not, and 459 19. What person may be made or appointed an executor, and what not, and by what name 460 易 20. By what words a man may be made an executor, and what words in a testament shall make a man full executor, or not, but a coadjutor or supervisor; and who shall be an executor by such words p. 461 21. Where and in what case an administration is grantable, or not; and to whom it doth belong to grant it, and to whom it must be granted - 461 22. How an administration may be granted, and what shall be said a good administration, or not 464 23. Who shall administer after the death of an executor or administrator, and who not; and how an executor of an executor shall charge, and be charged 464 24. Where an executor or administrator may accept or refuse the executorship or administration, and how; and where he may be executor after he hath refused, or not; and what act or intermeddling with the goods of the deceased shall be said an administration; and what not 466 25. What things an executor or administrator shall have by virtue of his executorship or administration; and what not 1st. In respect of the nature of the thing 468 ib. 469 26. What an executor may do by virtue of his executorship; and the power of an executor, administrator, or ordinary 474 27. The office, duty, charge of an executor or administrator, and of the ordinary 1st. In the funerals. 2d. In making an inventory 476 ib. ib. 477 3d. In probate of the will 4th. In payment of debts and legacies; and the order of payment of 5th. In making an account 28. Where and how an executor or administrator shall charge others in respect of the estate of the deceased, and what actions and remedy he may have against others, and what not, and how 29. Where and how an executor or administrator shall be charged by others, and what actions and remedy may be had against him, or not 482 30. What act one executor or administrator alone may do; and where the act or laches of one may prejudice or bar his companion, and where not 484 31. What act one executor may do to another; and what remedy or action one executor or administrator may have against another, or not 32. Definition of a devastavit 1st. What shall be said a devastavit, and wasting of the goods of the deceased by an executor or administrator; and how he shall be charged thereupon 485 33. Executor of his own wrong, who shall be said to be so; and what act shall make him so to be accounted; and what act such an executor may do, and how he shall be charged, or not 487 34. Administrator durante minori ætate; what he is, and his power, and when it shall end 490 35. Where an administration once committed by the ordinary may be afterwards revoked; and what shall be said a revocation of such an administration, or not; and what acts done before shall stand in force, or not 491 36. What acts done by one executor or administrator may be avoided by the subsequent executor or administrator, and what not 492 37. What shall be said a good bar in debt; or other action brought by or against an executor or administrator, and what not 493 38. Where and in what case an executor or administrator shall be charged by his own act or pleading upon his own goods; and where execution shall be de bonis propriis, and where not 39. What shall be said to be assets in the hands of an executor or administrator to charge him, or not 40. The definition of a probate P. 498 41. Where the probate of a will is necessary, and where not; and by and before whom, and in what time it must be proved CHAP. XXIV. 491 4. What shall be said a good use of land, or not; and when and where such an use shall be raised, altered or created, or not 507 1st. In respect of the manner of raising it, and the several ways whereby uses may be raised 507 2d. In respect of the persons entrusted, and who may be seised to an 3d. In respect of the persons for whom the trust is, or the cestui que use 4th. In respect of the estate and possession of him that doth create the use 509 5th. In respect of the estate and possession of him that doth take by 514 516 5. Declaration of uses; and where an use of land may be declared upon any assurance; and what shall be said a sufficient declaration of such an use; 517 6. Averment of uses; and where an use of land may be averred upon any assurance; and what shall be said a sufficient averment; or not 520 7. To what use an assurance of land shall be by construction of law, and how the limitation of the uses of land by a deed shall be construed 521 8. Where and how uses of land may be extinguished and destroyed, or suspended, or not; and where the ancient uses shall be revived by the entry of the feoffees, or not 523 9. Where a power to revoke uses of land shall be good, and how they shall be taken; and what revocation by reason of such power shall be good, and what not 524 10. Other trusts and confidences of lands and chattels real and personal, the nature of such trusts, the duty of them that are trusted, and the remedy to be had against them for breach of their trust For the different subjects of the Chapters the Reader is advised to refer to this Table of Contents, and not to the Index. The Index has been prepared in contemplation of this advice. ERRATA. for "his [the father's] brother," last line but one, p. 33, read “ his [deceased] brother.” "tesate," p. 36, read "estate." may," p. 82, last line, read "many." "cass," p. 82, read "case." " opening," p. 91, last line, read " opinion." "for if the soil were to have pass," p. 101, read "for if the soil were to have been excepted." "deinvativus," p. 155, read “ derivations." "feoffment," p. 160, read "release." "observation," p. 186, read " derivation." "re-entry," p. 235, read “ recovery." "Exetion," p. 375, read "Execution." 387, "not" omitted. THE TOUCH-STONE OF COMMON ASSURANCES. THIS CHAP. XII. Of a Grant. HIS word is taken largely where any thing is Grant. Quia, granted or passed from one to another. And in this sense it doth comprehend feoffments, bargains and sales, gifts, leases, charges, and the like; for he that doth give, or sell, doth grant also. And thus it is sometimes in writing or by deed, and sometimes it is by word without writing. [Now, in consequence of the statute of Frauds and Perjuries, 29 Car. 2, c. 3, there must be a writing if any estate beyond three years, or even an estate for less than three years, at a less rent than twothird parts of the value, be, designed to pass.] But the word being taken more strictly and properly, it is the grant, conveyance, or gift, by writing, of such an incorporeal thing as lieth in grant, and not in livery, and cannot be given or granted by word only without deed. Or it is the grant of such persons as cannot pass any thing [King.] from them but by deed, as the king, bodies corpo- [Corporation rate, &c. And this albeit it may be made by other words, yet it is most commonly made by this word "grant," as being most proper to this purpose. Know therefore that amongst hereditaments some are such as are said to lie in livery, i. e. such as whereof livery of seisin may be made, as manors, houses, lands, [held for an estate which confers the right of possession,] &c. ; and some are such as do not lie in livery, i. c. whereof no livery of seisin can, nor need to [Thing_lying in be made, but they pass by the delivery of the livery] |