Jurisdictions, Part 127 – Part 129
Tenant in taile.
Land is given to R. and Katharine and to their Heires, and to the other heires of the ſaid R. If the ſaid heires of the ſaid R. and K. Iſſuing dye without heire of them, it is an Eſtate taile, 5 H. 5. fol. 6. Perk. fol. 35. a.
LAnd was given to one and to his Heires, if he have Iſſue of his Body begotten, and if not, that the Land ſhould return, it is an Eſtate taile, 35 Book of Aſſ. 14.
Land is given to one to hold to him and his heires, if he have an heire of his own fleſh, and if not, it ſhould return, it is an Eſtate taile, 37 Aſſ. 15.
Land is given to one, to have to him and the heires of his Body, and to one heire of the ſaid heire only, it is and eſtate taile for two Diſcents at leaſt, Plowdens Commenfol. 39. Book of Aſſiſes 20.
Gift to the Brother and to his Siſter, and to the heires of their two Bodies begotten, is an Eſtate taile, that is ſeverall tailes, 18 Ed. 3. f. 39. and 17 Ed. 3. f. 51.
Land is given to a married man, and to a woman married to another man, and to the heires of their Bodies begotten, they have an Eſtate taile preſently, 15 H. 7. fol. 10.
If Lands be given to one, to have and to hold to him, and his Heires. And if it happen that he dy without heire of his Body, then it ſhall remaine, &c. It is an Eſtate taile, 5 H. 5. f. 6. and 19 H. 6. f. 75. the ſame.
Land is given to the Husband, and to his Heires of the Body of Margaret his Wife begotten, though that Margaret were dead at the time of the gift, it is an Eſtate taile, 12 H. 4. f. 2. Lit. f. 6.
Lands was given to the Husband and his Wife, and to their heires ſaving the reverſion, it is an Eſtate taile, 9 Ed. 3 Statham.
Lands were given to Maude, late the Wife of John Mandevill and to the heires of the ſaid John which he begot of the body of the ſaid Wife, the Wife hath an Eſtate for life, the Iſſue an Eſtate taile, 2 E. 3.7. & 17 E. 2. Tit. Fitzh. 23. Taile 7. & 23.
Where lands were given to one and his Heires, of his body begotten, before the Statute of Weſtm. 2. he had fee conditionall, and after Iſſue had, had power to alien, and now by the Statute they have taile, Lit. f. 3.12 Ed. 4. f. 3.19. Ed. 2. Tit. 61. and 18 Book of Aſſ. 5. the ſame.
A man gives to the Husband and his Wife for their lives, and the longeſt liver of them, the remainder to the Heires of their Body, this is a good intaile executed immediately, 35 H. 8. Brook. Eſtates 75.
Lands are given in frank-marriage, to have to them and to their heires, it is ſaid that they have Fee, but if it were given to them in taile to have to them and their Heires, they have taile and Fee expectant, 45 Ed. 3. fol. 20. and 32 Ed. 1. there Fitzh. Taile 25. it is adjudged taile.
If Lands be given to a man and his Wife in frank-marriage, to have to him and to his heires, they have taile, for the frank-marrying ſhall not be defeated by theſe Words afterwards, 31 Ed 1 Tit 25.
Lands are given in Frank-marriage, the remainder over to a ſtranger, and for that it cannot be an acquittall, it ſhall be called ſpeciall intaile, 31 Ed 3 Tit gard 116 and 17 Ed 3 Taile 2.
Gift to one in taile, the remainder to his right heires, he hath taile and Fee expectant, 7 H 5 fol 2.
Leaſe is made for life, the remainder to another in taile, the remainder to E. Daughter of the Earl of Arundell, in taile, ſaving the Reverſion, and all dye, and E. is heire to the Donor, and hath taile as Purchaſor, but ſhee hath fee expectant, and ſhe ſhall have aid; but not age if ſhe be within age, for that, that the Fee is but in expectancy, 40 Ed 3 f 13.
24 H. 8. Tit. 33. Tenant in taile hath Iſſue and aliens with warranty and levies Aſſets and dies, the Iſſue cannot recover by Formedon, for the Warranty and Aſſets is a Barr, and if the Iſſue alien the Aſſets, his Iſſue ſhall not have Formedon, but his Iſſue ſhall have a Formedon, for no Aſſets diſcends to him.
35 H. 8. tit. 39. Land is given in taile to the King, and after the King by his Patent lets for yeares, or for life, and hath Iſſue and dyes, the Patent is voyd, for it is no diſcontinuance, Tit. Diſcent. 35. for a Grant without livery doth not make diſcontinuance.
32 H. 8. If Tenant in taile lets for yeares, and dyes without Iſſue, the Leaſe is voyd, and hee in remainder may enter.
5 Ed. 4. fol. 2. Tenant in taile ſhall not have a (Quo Jure) nor (Ne injuſte vexes) for they are VVrits of Right.
14 Ed. 4. fol. 6. If one recover in a Writ of Right againſt Tenant in taile, of a Rent, he hath Fee till he be defeated.
The ſame Law if tenant in tail be diſſeiſed, the diſſeiſor hath fee till he be defeated, and ſo hath the diſcontinuee.
39 Ed: 3 tit: 18: Tenant in tail of a Lordſhip, by default of entry within a year after the alienation, of the land in Mortmain, may prejudice him in remainder in tail, and by conſequence his iſſue.
Fitzherbert 224: Tenant in tail ſhall have a (Quod permittat) Fitzherbert 136: ſhall have a VVrit of Meſne, Fitzherbert 151 O: ſhall have a VVrit of cuſtomes and ſervices in the Debet and Solet, Fitzherbert 134 C, ſhall not have a VVrit of (Rationabilibus diviſis) which is a VVrit of Right.
Fitzh. 10. D. The iſſue in tail ſhall not be eſtopped, by Seiſin of more rent in the time of his father, and for that he ſhall not have a (Ne injuſte vexes) but may avoid that in Avowrie.
Fitzh. fol. 9. If Tenant in tail hath Iſſue two Daughters, and one enters in all, the other ſhall have a Formedon, and not (Nuper obiit) nor (Rationabili parte.)
Fitzh. 39. If Tenant in fee of an advowſon be diſturbed, he ſhall have a Writ of Right of advowſon: But Tenant in tail of advowſon if he be diſturbed, ſhall have a Quare Impedit, and not a Right of advowſon,
Fitzh. 105. S. If Tenant in tail be barred in a Formedon by falſe verdict, and after releaſes and dies, his heir ſhall have Attaint.
Fitzh. 158. L. The Iſſue in tail ſhall have Detinue againſt the Diſcontinuee for the deed, by which the land was given in tail.
Fitzh. 155. If Tenant in tail loſe by default, and dies without Iſſue, he ſhall not have (quod ei deforceat) but a formedon.
7 H. 4. fol. 48. Tenant in tail before the Statute had fee conditional, and now by the Statute hath tail, and for that ſhall not forfeit for Treaſon nor for Felonie, but that the Iſſue ſhall inherit; but by the Statute now he ſhall forfeit for Treaſon, Nat. bre: fol. 102. If tenant in tail be attaint for Felonie, his Iſſue ſhall inherit.
12 H. 4. f. 3. If tenant in tail forfeit his land, his Iſſue ſhall inherit, and yet his wife ſhall not be endowed, by Hank.
Litt. fol. 11. If a man be ſeiſed of land, and commits fellonie, and after aliens, and after is attaint, his wife ſhall have a Writ of Dower againſt the Feoffee, by Naviſor: But if it be eſcheated to the King or Lord, ſhe ſhall have no Writ of Dower, ſee 8 Ed. 3. contrary in the like caſe Nat. Brevium fol. 101. If tenant in tail commit felony, for which he is attaint, the King ſhall have eſcheat for his life.
5 & 6 Ed. 6. cap. 11. VVhere the Husband commits high treaſon, the VVife ſhall not be received to demand her Dower.
Perkins fol. 61. If tenant in general tail takes a VVife, and hath Iſſue by the ſame VVife, and the Husband is attaint of felonie and dies, his VVife ſhall not be endowed, and yet by the Statute of Weſtm. 2. cap. 1. the Iſſue ſhall inherit.
Stamf. fol. 194. By the Common-Law the offender in felonie or treaſon ſhall forfeit the title that his VVife ſhall have by the marriage to be endowed of the land. But by the Statute of 1 Ed. 6. cap. 12. though any perſon be attaint, convict, or outlawed of any miſpriſion of treaſon, murther, or felonie, yet their VVives ſhall be endowed. But by 5 & 6 Ed. 8. cap. 11. it is otherwiſe of treaſon, as afore is ſaid, ſee 5. Eliz. cap. 1. & cap. 11. 18 Eliz. cap. 1. for certain treaſons.
19 Ed. 2. tit. 61. Fitzh. Before the Statute of Weſt: 1. after Iſſue had, tenant in tail hath power to alien, but not before Iſſue had.
4 Ed. 3. tit. 22. Fitzh. Land given in ſpecial tail, to have to them in fee, and if they die without Iſſue of their body, that the land ſhall revert, &c. this is adjudged a ſpecial intail.
24 Ed. 3. tit. 4. Fitzh. If lands be given to two Husbands and their VVives, and to the heirs of their bodies begotten, it is held clearly that this is a ſeveral intail, that their Iſſues ſhall have ſeveral actions.
Littleton fol. 52. If lands be given to two men, and to their heirs of their two bodies begotten, the Donees have joynt eſtate for their two lives, and yet have ſeveral inheritances, that the Iſſue of one ſhall have one half, and the Iſſue of the other the other half, 8 book of Aſsiſe 33 the ſame.
30 book of Aſsiſe 9: by Shard, If the Anceſtor at one time was ſeiſed of an eſtate tail, and after purchaſeth in fee, and after charges the land and dies, and his iſſue enters, he ſhall hold it diſcharged.
18 Ed: 2 tit: 856. Lands given to one, and the heirs of his body to be begotten, is a good intail, and the iſſue before as after ſhall inherit.
4 Ed: 2 tit: 22: Lands given to the Husband and his VVife, and to the heirs of their bodies, to have to them and their heirs, and if they die without heirs of their body, that the land ſhall revert, and adjudged a ſpecial intail.
2 Ed. 4. fol. 6. Land is given in tail to be held of the cheif Lords, it is a void (Tenendum) and ſhall hold of the Giver, 3 book of Aſsiſe 8. 4 H. 6. fol. 19.
27 H. 8. f. 31. If Tenant of the King makes a gift in tail without licenſe, the King may chooſe the giver or the to whom it is given for his Tenant; but if he take the ward of one, he ſhall not have the other.
5 H. 4. f. 3. Where lands was given to Eme, to have to the ſaid Eme, and the heirs of the body of Iohn, late her Husband, the remainder to the right heirs of Eme, and for that the heirs of John were not named before the habendum, he hath nothing, but Eme hath an intail, &c.
12. H. 4. f. 2. Where lands was given to J.M. and to the heirs of the body of Eliz. late his Wife begotten, and though Eliz. was dead at the time of the gift, yet this is a good intail that W. the iſſue of J.M. of the body of Eliz. ſhall inherit.
Littleton 6. If a man have iſſue a Son and dies, and land is given to the Son, and to the heirs of the body of his Father begotten, this is a good intail, and yet the Father was dead at the time of the Gift.
What Acts by Tenant in tail, ſhall bind his iſſue and others, and what not.
TEnant in tail, the reverſion to the King, Raſtall, Recoveries. 4.makes a feoffment and dies, his iſſue enters, and is Tenant in tail, for he cannot diſcontinue: And 34. H. 8. chap. 20. If he ſuffer common Recovery, or Voucher, where the reverſion is in the King, this ſhall not bind the iſſue, 40. Aſſ. 36.
Fine levied by tenant in tail in poſſeſſion, reverſion, Raſtall, Proclam. 3.remainder, or in uſe, of full age, with Proclamation according to the Statute of 4. H. 7. chap. 12. immediately after the Fine levied and Ingroſſed, and Proclamations made, ſhall be a Barr againſt the Tenant in tail, and alſo againſt his heirs claiming the tail. But if Tenant in tail, the reverſion in the King, levie ſuch a fine, Raſtall, Fines 9.this is in ſuch force and effect, as it was before the making of this Statute, and not otherwiſe, 32 H. 8. chap. 36. See 30 H. 8. tit. Barr the 97. Aſſurance 6.
Tenant in tail is bound in a recogniſance, and execution is ſued by Elegit, and this land intailed, is delivered in execution, and the Tenant in tail dies, after that his iſſue may enter, notwithſtanding this Act, without ſuing Audita querela, 38 book of Aſsiſse 5.
Tenant in tail grants a rent charge and dies, the iſſue enters and enfeoffes I. S. and takes back an eſtate, the charge is determined, for by the entry of the iſſue, the rent was extinct, notwithſtanding execution upon the Statute was executed againſt the Feoffee of the Tenant in tail, and not againſt his iſſue, 14 Book of Aſſiſes 4. Inquire and ſee the caſe of Trapps, Plow. Com. f. 436.
5 H. 7. f. 12. Rent charge is granted by Tenant in tail, and after he dies, this is determined.
If iſſue in tail be outlawed of felony, in the life time of his father, and hath a Charter of pardon in the life time of his father, and after the father dies, the iſſue may enter, otherwiſe it is if the Charter were granted after the death of the father, for then if he enter, the King ſhall ſeiſe for his life, but his iſſue may enter, 29 Book of Aſſiſes 60.
If Tenant in tail be bound in a Statute Merchant, and hath iſſue and dies, and execution is ſued againſt the iſſue, this is diſſeiſin to him, 17 book of Aſſiſe 21.
If Tenant in tail grant a Rent charge and dies, the Rent is determined, and ſhall not bind the iſſue, 5 H. 7. f. 14. B.
38 Ed. 3. tit. 13. Tenant in tail chargeth the land, enters into a Statute or Recognizance and dies, it ſhall be void againſt the iſſue.
If one recover againſt the Tenant in tail, and the Tenant in tail dies before he which recovers enters, or hath execution, the iſſue in tail may enter, and is not bound by that, 7 H. 4. f. 17. B. Littleton f. 155.
Tenant in tail of a reverſion, acknowledgeth that by fine to one with warranty, and dies, yet this ſhall not bind his iſſue, for it is no diſcontinuance by the Common-Law, 9 Ed. 4. f. 19. But by 32 H. 8. chap. 36. this fine with Proclamation is now a barr after the year.
Tenant in taile of Rent, grants that to one with warranty, and dies, this ſhall not binde the Iſſue, for it is no diſcontinuance, but at pleaſure, that is, if he bring a Formedon, and then warranty with Aſſets is a Barr, 15 Ed. 4. fol. 6. 21 H. 7. fol. 10. and 13 H. 7. fol. 10. the ſame.
If the Tenant in taile exchange, or deviſe his land in taile and dies, this ſhall not binde the Iſſue, but that he may enter, for it is no diſcontinuance, 9 Ed. 4. fol. 22.
Tenant in taile grants a Rent charge, for releaſe of right in the Land, this ſhall binde his Iſſue after his death, 44 Ed. 3. f. 22. 8 H. 6.23.
If Tenant in taile be attaint of Felony and dies, that ſhall not bind the Iſſue, but that he may enter by the common Law, 12 H. 4. f. 3. Nat. Bre. f. 102. the ſame.
Tenant in taile of full age, lets for 21. yeares according to the Statute of, 32 H. 8. chap. 28. reſerving the ancient Rent or more and dies, this is a good Leaſe, and ſhall binde the Iſſue.
If Tenant in taile let for 22. yeares and dies, this ſhall not binde his Iſſue, but he may enter and our the Leſſee, but yet he may have covenant againſt the Excutors of Tenant in ta…le, though it were not warranted in the Indenture, 48 Ed. 3. fol. 2. 18 Ed. 3. Tit. 13. the ſame
If the father Tenant in taile of land ſuffers recovery, and execution and dies, or cauſe collaterall warranty to he made, one or other ſhall binde the Iſſue untill, &c. for it is diſcontinuance, 3 H. 7. f. 13.
The Iſſue in taile in Formedon may falſifie a recovery, by default had againſt his Father, and alſo where it is by fained action, as there was a releaſe made to his Father not pleaded, and ſo recovery joynt, Littleton fol. 155
The Iſſue in taile is not bound by a recovery againſt his Father but that he may ſay that his Father diſcontinued, and took another intaile, and ſo was ſeiſed of another intaile, then he demanded time of the recovery, 12 Ed. 4. fol. 15. and 13 Ed. 4. f. 1. the ſame.
The Iſſue in taile is not bound by recovery againſt his Father, if his Father were not Tenant, but one J.S. 14 Ed. 4. fol. 2. and fee Plowd. Com. fol. 1. the caſe of Manſell.
If Tenant in tail infeoffs one againſt whom a (Precipe quod reddat) is brought, or (an entry in the Poſt) and he voucheth the Tenant in taile which made the Feoffment, and he over the common Vouchee, this double Voucher is the moſt ſure conveyance to Barr the Iſſue, by reaſon of the recompence in value, and this is the common conveyance at this Day, where there is an Eſtate taile, and this barrs the Iſſue in taile forthwith, and alſo is a Barr to him, which hath over that in remainder in taile, by reaſon of the recompence, which the firſt Tenant in taile hath by his Voucher, 13 Ed. 4. f. 1. and 27 H. 8. Tit. Recovery in value 28.
Recovery upon Voucher againſt Tenant in taile is a Barr, by reaſon of the recompence in value, and recovery by Writ of Entry, in the Poſt, by ſingle Voucher, doth but give the Eſtate which the Tenant in taile hath in poſſeſſion, at the time of the recovery, ſo that if he were in of another Eſtate then in taile, there the taile is not bound againſt the Heire, 23 H. 8. Tit. 32.
Note that a Fine levied by Tenant in taile, where the remainder is to another in taile with Proclamations, if he dye without Iſſue, he in remainder hath five yeares to make his claime, and for that recovery is better for it is a Barr forthwith, 30 H. 8. Tit. Recovery in value 30.
Of Lands in taile, the Iſſue in taile ſhall be bound, and charged of theſe Lands to the payment of Debt which his Anceſtor ought by obligation made to the King, as I take it, 33 H. 8. chap. 39. inquire.
Land that a woman holds in Dower of her Husbands, ſhall be charged where the Husband was indebted to the King, if the Heires or Executors have not ſufficient, but where the title of Dower was before the Debt to the King, otherwiſe it is, Fitzh. fol. 150. Q.
It ſeems that the Heire in taile, ſhall be charged for Debt due in the Exchequer to the King, by his Father, if the Executors have not ſufficient, Fitzh. fol. 117. C.
Notwithſtanding, if Tenant in taile Debtor of the King in the Exchequer, dy, his Iſſue ſhall not be charged, as it is held in Plowd. Comment. fol. 249. See there, 440. For Debt of the King againſt the Heire in Fee, 32 H. 8. Tit. Diſcont. 32. Recovery againſt the Tenant in taile, the Reverſion or remainder in the King in Fee, ſhall binde the Tenant in taile, and the Iſſue in taile, but ſhall not binde the King, but now by the Statute of, 35 H. 8. chap. 20. It ſhall not binde the Iſſue in taile but that he may enter, ſee M. 33. H. 8. Tit. 31. Recovery in value. Seek if the Statute of, 34. & 35. H. 8. Provides for any Iſſues in taile, but only the Iſſues of the Donees of the King, for the Preamble ſpeakes only of thoſe, but the Statute is, whereof the reverſion or remainder, is in the King, and for that it ſeems every Iſſue in taile, where the Reverſion or remainder is in the King may enter, but a Fine with Proclamation, by ſuch Tenant in taile, the Reverſion or remainder in the King, ſeemes is not remedied by this Statute, but by, 32 Hen. 8. chap. 36. Where Reverſion is in the King, is no diſcontinuance, for though the Heire in taile ſhall be barred by Fine with Proclamation, after Proclamation made, yet there is an exception in the Ststute, of thoſe whereof Reverſion or remainder is in the King, ſo that it ſhall not binde ſuch Iſſue in taile, title aſſurance, 6. ſee, 4 H. 7. chap. 24.
37 H…. Where Tenant in taile is attaint of Treaſon before the Statute of 26 H. 8. His Son ſhall have the land, for he doth not claime only as Heire but by the Statute, and by the form of the gift, ſee the Statute of 5 and 6. Ed. 6. chap. 11. That for high Treaſon Tenant in taile ſhall forfeit his Lands, Com. f. 237.
27 H. 8. f. 6. If Tenant in taile ſell Trees and dies, and after he that hath bought them cuts them, treſpaſſe lies, but if they be cut in his life time, it ſeems the Buyer may take them.
18 Ed. 3. Tit. Diſſeiſin 92 Where Tenant in taile is bound in a Statute and dies, and his Iſſue enters, and the Coniſee outs him by execution, which is an act of Law, he is a Diſſeiſor.
Plowd. Com. f. 235. before the Statute of Weſtm. 2. he had but an Eſtate of Inheritance and that was Fee, but this was in two manners abſolute and conditionall, and Formedon in Reverter was at the common Law, and Formedon in Remainder by the Statute.
1 H. 4. f. 6. If Tenant in taile by Eſtoppel, or livery ſuing, holds of the King and dies, his Iſſue ſhall not be Eſtopped.
43 Ed. 3. f. 14. Preſentment to an Advowſon in the life of the Tenant in taile, puts him during his life out of poſſeſſion, but not his Iſſue.
38 Aſs. 5. Tenant in taile is bound in Recogniſance, and Execution is ſued by Elegit and this Land delivered in execution, and after the Tenant in taile dies, his Iſſue may enter without ſuing, Audila querela.
17 Aſſ. 21. If Tenant in taile be bound in a Statute, and hath Iſſue and dies, and after execution is ſued againſt the Iſſue, this is diſſeiſin to him and he ſhall have Aſſiſe though he comes in by proceſſe by Law.
14 Aſs. 3. It ſeems if Tenant in taile be bound in a Statute and dies, and after his Iſſue infeoffs J.S. that the Coniſee may have Execution againſt the Feoffee.
35 H. 8. fol. 38. If the King gives in taile by his Letters Patents, and after the Donee ſurrenders the Letters Patents to the King, the taile by this is not extinct.
38 H. 8. Tit. 39. Land is given in taile to the King, he is Tenant in taile and cannot have greater Eſtate then the giver will depart to him, and if the King let for yeares or for life, or make a Feoffment in fee, and hath Iſſue …nd dies, the Iſſue may enter, for this is no diſcontinuance.
Tenant in Frank-marriage.
GIft was to the Husband and his Wife in Frank-marriage, and this may be as well after the marriage as before, 4 Ed. 3. Title Taile 6. Perkins fol. 48. C.
If a gift be made with a woman in Franke-marriage, which is not Cozen to the giver, this is but for life. Old Tenures.
Gift in frank-marriage with the Son of the giver, his Cozen is no frank-marriage. Time of H. 8. Tit. 10. but Fitz f. 172. H. and 7 E. 4. f. 12. A. by Moile in the Prior of Spaldings caſe, ſeems contrary.
Gift in frank-marriage, (within the yeares of Marriage) with a Daughter, and they were divorced at full age, at the Suit of the Husband, yet the Daughter ſhall have all, for ſhe was the cauſe of the gift, 19 Book of Aſſiſe 2. 19 Ed. 3. Title Aſſiſe 83.
If a gift be to the Husband and his VVife in taile, and they are divorced, it ſeemes that they have not now but a freehold, and though that they have Iſſue before the Divorce, that ſhall not inherite: But if a gift in tayle be made to two men, or to one man and his Mother, or Daughter, and to the heires of their bodies, their ſeverall heires of their bodies ſhall inherite, for that that they cannot marry, 7 H. 4. fol. 16. and 17 Ed. 3. fol. 51. and Title tayle the 15. This is where the Divorce defeats the marriage from the beginning.
Gift in Frank-marriage, rendring twenty ſhillings rent, this reſervation is void, 4 H. 6. fol. 22. by Martin: But the old Tenure is contrary, tit. Frank-marriage, and 17 Ed. 3. fol. 66. alſo contrary.
If a gift be in Frank-marriage with his Cozen, rendring Rent, this is Intaile, and not Frank-marriage, and if a gift be with a Woman in Frank-marriage which is no Cozen to the giver, this is but for life: See before, the 45 Ed. 3. fol. 20.
If a man give in Frank-marriage, rendring Rent, the reſervation is voyd, till the fourth degree be paſt, 26 Book of Aſs. 66.
Land was given to a man and his Wife in Frank-marriage, to have and to hold to the Husband and his heires, and adjudged they have taile, and not Fee, for the frank-marriage ſhall not be defeated by words afterwards, 32 Ed. 1. tit. Taile 25.
Reverſion was given with his Daughter to one in Frank-marriage, and is good, 26 Ed. 3. tit. 27. Taile.
Gift is made with Agnes his Daughter to A. in Frank-marriage, and after A. marries Agnes and dyes, and hee gives another Acre with Agnes to B. her ſecond Husband in Frank-marriage, and both are Frank-marriage, 31 Ed. 1. tit. Taile 30.
Gift in Frank-marriage, the remainder to J. D. in fee, is not good, for there cannot be an acquittall, where remainder is given over: Time of H. 8. tit. 11.
19 Ed. 3. tit. 1. If Lands be given in Frank-marriage (to have) for their lives, the (To have) ſhall not abridge, but inlarge the Eſtate, and for that is is Frank-marriage.
2 E. 3. tit. 94. One gives Land to A. with Alice his Daughter in Frank-marriage, to have and to hold to the aforeſayd A. and his heires, and it ſeemes Frank-marriage.
13 Ed. 1. tit. Formedon 63. I. gave R. and Alice his Daughter, Lands in Frank-marriage, to have to the aforeſaid R. and Alice and their heires, or to whom he will aſſigne it, and the ſayd R. did beget no heire of the ſayd Alice, nor the ſayd R. and A. did not aſſigne it to any in their life time, and it ſeemes that after the death of R. and A. without Iſſue, the Land ought to revert to J. See 45 Ed. 1. fol. 20.
Tenant after poſſibility of Iſſue extinct
TEnant after poſſibility of Iſſue extinct, ſhall not have ayd of him in reverſion, but he in remainder ſhall be received upon his default, 2 H. 4. fol. 17. 7 H. 4. f. 10 & 11 H. 4. fol. 14. the ſame.
Time of Ed. 1. Fitzh. waſt 125. ſhall not be puniſhed in waſt. Nor ſhall be compelled to attorn in a (Quid juris clamat) 46 Ed. 3.25. 39 Ed. 3. the ſame, and 12 Ed. 4. fol. 3. the ſame.
If he alien, he in reverſion may enter for forfeiture, 45 Ed. 3.25. 11. H. 4. f. 14. the ſame, 10 H. 6. f. 1 and 39 Ed. 3. f. 20.
Tenant after poſſibility of Iſſue extinct ſhall not have waſt, 2 H. 4. f. 21. waſt doth not lie againſt Tenant after poſſibility of Iſſue extinct, 45 Ed. 3. f. 25.
He ſhall not have aid, but if he alien, he in reverſion may enter for forfeiture, 10 H. 6. f. 1. 39 Ed. 3. f. 20. Lit. f. 7. and 11 H. 4. f. 14. the ſame.
39 Ed. 3. tit. 17. Taile, Tenant after poſſibility of Iſſue extinct which is impleaded, ſhall not have aid of him in reverſion, but if he alien in Fee, he in reverſion may enter, and ſhall not be compellable to attorn, nor waſt lies againſt him, but if he makes default after default, he in revereſion may be received.