Jurisdictions, Part 130 – Part 132
Tenant by the Curteſie.
IF a married woman be Tenant after poſſibility of Iſſue extinct, and the Fee diſcends from her Anceſtor, and ſhe dies, it is held that the Husband ſhall be Tenant by the curteſie, 9 Ed. 4. f. 19. and 14 Ed. 3. f. 7.
Husband diſcontinues Lands of his Wife, and takes an Eſtate again to them in fee, and hath Iſſue, and the Wife dies, then the Husband ſhall not be Tenant by the curteſie, 9 H. 7. f. 1.
If a man have Iſſue by his Wife Inheritrix, though ſhe had Iſſue a Daughter before ſhe inherited, yet he ſhall be Tenant by the curteſie, 21 H. 3. Title Dower 198.
If a woman Signioreſſe take her Tenant to Husband, and hath Iſſue, and dies, the Husband ſhall not be Tenant by the curteſie of Services, 1 Ed. 3. Tit. Dower 70.
A man ſhall not be Tenant by the curteſie, unleſſe his VVife have poſſeſſion in Deed of it, but of an Advowſon and Rent, where ſhe dyed before day of payment, he ſhall be Tenant by the curteſie, 21. Ed. 3. fol. 49. the ſame.
If the Iſſue be born living, notwithſtanding that he dies before he be heard cry, the Husband ſhall be Tenant by the curteſie, for the Iſſue ſhall not be taken, if the Infant were heard cry after he was born, but if he were born alive or not, Perkins f. 89.
A man ſeiſed of Land in fee, is attaint of felony, his Wife ſhall looſe Dower, but if the VVife ſeiſed in fee be attaint of felony, and hath Iſſue by her Husband, and ſhe is hanged, yet the Husband ſhal be Tenanr by the curtefie, 21 Ed. 3. f. 49.
A man takes a VVife ſeiſed in fee, and hath Iſſue, he commits felony for which he is attaint, the King pardons him, it ſeems he ſhall not be Tenant by the curteſie, by reaſon of the Iſſue which he had before his attainder, but if he had Iſſue after his pardon, it is otherwiſe, 13 H. 7. fol. 17.
If a man takes a VVife ſeiſed in fee, and ſhe is attaint of Felony and hanged, the King ſhall have the Land forthwith, if the Husband were not intitled to be Tenant by the curteſie, 11 H. 4. f. 19. b.
Daughter and Heire endows her Mother, and after takes a Husband, and hath Iſſue and dies, the Mother after dies, the Husband ſhall not be Tenant but by the curteſie of that, 8 Book of Affiſes 6.
3 H. 7. f. 5. If Rent diſcends to a Daughter which takes a Husband, and ſhe dyes before the day of payment, the Husband ſhall be Tenant hy the curteſie.
Fitzh. f. 149. D. A man ſhall not be Tenant by the curteſie of Land of the VVife, unleſſe the VVife have poſſeſſion in Deed of that Land, if it be not in a ſpecial caſe, as of Advowſon or Rent, where ſhe dies before the day of payment of the Rent.
Tenant in dower.
THE Wife after the death of her Husband ſhall remain in the cheife Houſe by forty daies after the death of her Husband, within which daies her Dower ſhall be aſſigned unto her, unleſſe before it were aſſigned, and there ſhall be alſo aſſigned unto her, the third part of all the Land of her Husband which was his in his life time, Magna Charta chap. 7.
Of Widowes which cannot have their Dowers without Suit, that is, that whoſoever ſhall deforce them of their Dowries of the Tenements of which their Husbands died ſeiſed, and afterwards the ſame Widowes by Suit recover them, they ſhall give unto the ſaid Widowes all their dammages according to the value of the whole Dowrie, due unto them from the time of the death of their Husbands, Merton chap. 1.
If a Woman of her own accord leave her Husband and departeth, and liveth with an Adulterer, ſhe ſhall for ever looſe her action of recovering her Dower which was due unto her of her Husbands Tenements, and be of that convicted, unleſſe her Husband of his own accord, and without coherſion of the Church ſhall receive her, and ſuffer her to dwell with him, Weſt. 2. chap. 34.
If the Hnsband be attaint, convict, or out-Lawed of Felony, yet his Wife ſhall be indowed, but if the Husband be attaint of Treaſon, his Wife ſhall not be indowed, by 1 Ed. 6. chap: 12: 5 Ed. 6. chap. 11.
Where a woman ſhall beindowed, and where not
WHere the Husband Tenant of the King dies, and his Wife is committed to the King, during that time ſhe ſhall not have Dower, if ſhe be not ſurpriſed of Dower, 2 H. 4. f. 7. & 6 H. 4. f. 7.
It ſeems if a woman takes a leaſe by Indenture for years, that during this leaſe ſhe is not Dowable; but if ſhe take the Leſſor to Husband, and after he dies, ſhe is Dowable notwithſtanding the leaſe, 6 H. 4. fol. 7. Fitzh. 149. E. the ſame.
Dower ſhall not be, where the Husband dies having the reverſion of a Free-hold, that is of a reverſion of an Eſtate for life, as a man lets for life, and afterwards takes a Wife and dies, 2 H. 4. f. 27. 1 Ed. 6. tit. Dower 89. 7 H. 6. f. 9. by June.
Fitzh. 149. C. A woman may be endowed of a mine of Coals, but ſhe cannot make new mines, for that ſhall be ſaid waſt.
Where the Eſtate is made to the Husband for life, the remainder to another for life, the remainder to the Husband in fee, the Husband dies, his Wife ſhall not have Dower, unleſs that the Husband ſurvive him in remainder for life, 46 Ed. 3. f. 16. B. by Finchden.
If a leaſe be made of lands for years to A. the remainder to B. for life, the remainder to the right heirs of B. and after B. takes a wife and dies, during the term of years, his Wife ſhall recover Dower: But execution ſhall ceaſe, during the term of years, Perkins fol. 67. A. 1 Ed. 6. tit. 89.
VVhere a woman is endowed of land which her Husband took in Exchange, ſhe ſhall not be endowed of the land given in Exchange, 31 Ed. 2. tit. Dower 204. & 17 Ed. 2. tit. Dower 162. the ſame.
VVhere the Husband holds joyntly with one, and no partition made, his wife ſhall not be endowed, 8 Ed. 2. tit. 167. Littleton f. 9. the ſame.
VVhere the Husband enters in Religion, the heir ſhall inherit, and yet his wife ſhall not be endowed; for the wife may have him again out of Religion, 32 Ed. 1. tit. 136. Perkins f. 91. D. the ſame.
If the Husband be Tenant in common with two others in Fee, and dies, now his wife ſhall be endowed, but not by metes and bounds, Eitzberbert fol. 149. I: Littleton fol. 9. the ſame.
If a villain takes a wife, and purchaſeth land, and after the Lord enters, and then the villain dies, the wife ſhall be endowed, 19 Ed. 2. f. 71.
A woman of eight years three quarters, at the death of her husband ſhall have no Dower, Littl. 8. 12 Ed. 2. tit. 159. the ſame.
A woman of the age of ten years at the death of her Husband ſhall be endowed, 12 R. 2. tit. 54. & 8 R. 2. tit. 122. the ſame.
VVhere the Husband hath an Office eo keep a Park, to him and to his heirs, his wife ſhall be endowed of that, Pl. Com. f. 379.
If the Lord enter for Mortmayn, yet the wife of the Tenant ſhall have Dower, Perk. f. 76. A. The ſame Law, if the Lord recover againſt the Husband in Ceſſavit. the Wife of the Tenant ſhall be endowed, 34 book of Aſſiſe 15. where the Husband dies without heir, and the land eſcheats, the wife ſhall be endowed.
Tenant by the Curteſie ſurrenders to the Husband in reverſion, upon condition, and enters for the condition, the wife of him in reverſion ſhall not be endowed, 14. Ed: 4. f. 6.
VVhere a man enfeoffs one upon condition, to re-enfeoff the feoffer again, it behoveth that be made to a man unmarried, or to a Chaplain that hath no wife; for if it be to a man which hath a wife, ſhe ſhall be endowed, 38. H. 8. tit. Aſſurance 3.28 Book of Aſſ. 4. the ſame.
Lands is mortgaged to the Husband, and after the condition broken, the Husband by agreement takes his money and dies, his wife ſhall be endowed, 42 Ed. 3. fol. 1.
A woman hath title of Dower, and enters upon the heir, and enfeoffs him by Deed, ſhe hath given him her title of Dower included, and is not now Dowable of that land, 11 H. 7. f. 20.
The husband Tenant in general tail, makes a feoffment, and takes back a ſpecial tail, and his firſt wife dies, and he takes another wife and he dies, and his iſſue enters, this ſecond wife ſhall not be endowed, for the heir was remitted, 41 Ed. 3. f. 30. & 46 Ed. 3. f. 24. the ſame.
VVhere land is given to the husband, and his wife in ſpecial tail, the remainder to another in tail, the remainder to the right heirs of the husband, and the wife dies, and the husband takes another wife, and dies living him in remainder, the ſecond wife ſhall not be endowed of that land, 46 Ed. 3. f. 16.
Land is given to the husband and K. his wife in ſpecial tail, the remainder to the husband in general tail, and K. dies without iſſue, and the husband takes another wife and dies, this ſecond wife ſhall be endowed, 50 Ed. 3. fol. 4.
Where the husband and his wife have ſpecial tail, the ſecond wiſe ſhall not be thereof endowed, 22 Ed. 3. fol. 9. B. Littleton 11. the ſame.
Where land is given to the husband and his heirs which he begets of the body of Margaret his wife, which was dead at the time, and he takes Eliz. and dies, this ſecond wife ſhall not be endowed, 12 H. 4. f. 2.
If a woman go away with an Adulterer, into ſome land of her husbands, and be not reconciled, yet ſhe ſhall not loſe Dower: otherwiſe it is if ſhe were out of the lands of her husband, 8 R. 2. tit. 253.
If a woman go away and dwell with an Adulterer, ſhe ſhall not have Dower: But if ſhe were carried away, againſt her will, and was carried 20 miles, and returns, and her husband dies, ſhe ſhall have Dower, 43. Ed. 3. fol. 19.
47. Ed. 3. fol. 13. VVhere a recovery is by default, or a reddition againſt the husband without title, the wife ſhall have Dower.
46 Ed. 3. fol. 23. VVhere a recovery is againſt the husband, the wife is barred of Dower: But if the recovery were by default, it is remedied by the Statute, and where by render, is aided by the Common-Law, and other recovery is not remedied.
Againſt whom Dower may be brought, and what Aſſignement is good, and what not.
WHere a Guardian in Socage endowes a Wife, it ſeemes it is diſſeiſin, for a Writ of Dower doth not lye againſt a Guardian in Socage, but againſt a Guardian by Knights ſervice it lyeth, 29 Book of Aſs. 68.
Aſſignement of Dower by the Diſſeiſor is good, if it be not by Covin of the wife: The ſame Law is by Abator, or Intruder, Perk. fol. 76.
Aſſignement of Dower by the Tenant of the Freehold, is good, and ought to be by him 12 Ed. 3. tit. 86. Perkins 78. the ſame.
Guardian in Socage cannot aſſigne Dower, but Guardian by Knight ſervice may, 3 Ed. 3. tit. 108. Perkins, fol. 78 G.
It appeares that Guardian by Knights ſervice may aſſigne Dower, Fitzh. fol. 148 A.
Where the Husband was ſeiſed of diverſe Tenements and Manners, and the Sheriff aſſignes the VVife, which recovers one Mannor, and a whole Advowſon, it is good, for it is an infinite work to aſſigne part of every Acre, 12 E. 4. fol. 2.
If the Husband hath three Mannors, and during the marriage charges them with a Rent and dyes, if the wife take the third part of every Mannor, ſhe ſhall hold it diſcharged, but if ſhe take one Manner onelyonly, ſhe ſhall hold two parts charged, 17 Ed. 2 tit. 164.
It ſeemes it is good barr in Aſſignement, that her Huſband before the marriage granted by Deed to her a Rent in the name of Dower, to which ſhe agreed after his death, 20 Ed. 4 fol. 3 in Dower, but inquire.
Rent aſſigned out of Land of which ſhe is dowable without Deed, is good, but out of other Land, it is not, 33 H. 6. fol. 2 B.
Aſſignement of Rent out of the ſame Land, of which ſhe is Dowable, is good barr in Dower, if ſhee agree, 7 H. 6 fol. 36. Perkins fol. 76 D. the ſame.
If a woman recover in a VVrit of Dower, ſhee cannot enter without Aſſignement, but in other Precipe, if one recover, he may enter, but here it ſhall be aſſigned to her by the Sheriff, by metes and bounds, 40 E. 3. fol. 22.
Where the Woman recovers damage, and where the Tenant may ſay, he is yet ready to excuſe him of damages, if it be in Copy-hold, and otherwiſe.
A VVoman ſhall recover damages where the Husband dyed ſeiſed, if the Tenant do not come in the firſt day ready to render Dower, Nat: Bre: fol. 7.
If the Tenant come at the firſt day, and ſaith, that he was alwaies ready, the Plaintiffe may averr, that ſhe hath demanded Dower, and ſhe cannot have it, 2 H. 4. fol. 8. and this found, ſhe ſhall recover damages.
At the Summons returned, the Tenant comes, and ſaith that he was alwaies ready to render Dower, and yet is, for the Plaintiff to ſay that he was not ready alwaies, is no Plea, but by Thirne ſhe ought to ſhew that her Husband died ſeiſed, and ſhe demanded in the Country, and you refuſed, but by Hank, the bringing of the Writ is a demand in Law, but he agreed, that ſhe ought to aver, the dying ſeiſed of her Husband, if ſhe will recover dammages, 6 H. 4. f. 5.
Dower, the Tenant ſaith that he was alwaies ready and yet is, and the Demandant avers that her Husband died ſeiſed, and ſaith that he was not ready, and for that this is no Iſſue, but ſhe ſhall ſay that ſhe demanded, inqueſt of Office was awarded, which findes he died ſeiſed, and the Wife ſhall recover dammages from the time of his death, but where the Tenant was ready, though that the Husband died ſeiſed, the wife ſhall not recover dammages, 11 H. 4. f. 39. & 6 H. 4. f. 5.
Dower, the Tenant ſaith that he hath been alwaies ready to render Dower, and yet is, the Plaintiff ſaith that her Husband died ſeiſed. And ſhe required the Defendant at D. and he refuſed, and the Iſſue ſhall not be, that he did not refuſe generally, but he offered, and ſhe refuſed, without that that he refuſed, 13 Ed. 4. f. 7.
Dower, the Tenant acknowledgeth the action, and the Demandant to have dammages ſurmiſeth, that her Husband died ſeiſed, and hath a Writ to inquire of dammages, and held that if the Tenant come at the firſt day, and will aver that he was ready, and yet is, if the demandant cannot aver the contrary, the Demandant ſhall not recover dammages, 14 H. 8. f. 28.
If the Tenant be effoyned, yet he may ſay yet ready, for the Eſſoyne may be put in by a ſtranger, 7 H. 7. f. 7. & f. the laſt. the ſame, 2 Ed. 4. f. 20, and 14 H. 6. fol. 4. The ſame.
Dower after imparlance, the Tenant cannot ſay that he was alwaies ready, and yet is, 5 Ed. 4. f. 141.
Tenant for Life.
A Man deviſe all his Goods to his Wife, and would that his Son ſhould have his Houſe after the death of his Wife, notwithſtanding that it is not deviſed to the Wife, ſhe ſhall have that for her life, 13 H. 7. fol. 17.
Leaſe to a Woman as long as ſhe lives unmarried, or as long as ſhe behaves her ſelf well, it is for life conditionall, 37 H. 6. fol. 28.
Land is given to one to have and to hold, ſo that he paies to the Grantor for his Life 10 l. this is an eſtate for life, 3 Book of Aſs. 9.
An Eſtate to one till he hath levied ten pounds, he hath that for life till, &c. 21 Book of Aſſiſe. 18.
If I let to W.N. to hold till a hundred pound be paid, and without making Livery and Seiſin, he hath an Eſtate but at will, and if there be Livery, it is for life upon condition, to ceaſe the hundred pound levied, 2 Mar. Brook Leaſe 67.
And ſo in the three caſes next, it is to be intended Livery to be made.
J.S. Tenant for life aliens to B. to have to him and to his Heires for the life of J.S. B. hath an Eſtate but for the life of J.S. 24 H. 8 Tit. Forfeiture 87.
If Lands be given to a man and his Wife and to the Heires of their two Bodies begotten, and they are divorced, now they have but an Eſtate for their lives, 7, H. 4. f. 18.
If I grant Rent to you without more, you ſhall have that for life, 7 Book of Aſſ. 1.
If a deviſe be to one without more, he hath an Eſtate for life, 22 Ed. 3. f. 16.