Jurisdictions, Part 126
Tenant in Fee.
It behooveth, that the Steward ſhall have knowledge of all manner of Eſtates, becauſe of making ſurrenders of Copyholders, and alſo becauſe of their Suits, Wards, Releifs, and Services, for if the Steward do not know the Eſtates of the Tenants, how can he do Juſtice. And for that ſomthing ought to be ſaid of Eſtates, and firſt of an Eſtate in Fee.
WHere lands are given to the Abbot of Battell, and his Covent, he hath Fee, for that, that they are a Corporation, and Corporation i… intended to have continuance, 11 H. 4. fol. 84. Br. Inquire and ſee in the next caſe.
Where land is given to Maior and Comonalty of London they have Fee, without more ſaying, that is, without ſaying to have to them and their Succeſſors, 11 H. 7. f. 12. Notwithſtanding it ſeems, that Spirituall Corporation may die in ſome caſe.
If I have Common in the Land of an Abbot, and I releaſe to an Abbot, and not to him and his Succeſſors, the Common is extinct, but not for the life of the Abbot, 26 H. 8. fol. 6.
Where land is given to two, to have and to hold to them and heires, and (Suis) is left out, they have but an Eſtate for life, and not Fee, 19 H. 6. f. 73. & 20 H. 6. f. 35. the ſame.
Deviſe to one for ever, be to him and his Aſſignes for ever, he hath Fee, 19 H. 6. f. 9
Where a Deviſe is to one without more, that is, is not ſaid what Eſtate is for life only, 22. Ed. 3.
Where a Deviſe is to one and his Heires Males, he hath taile and not Fee, 27 H. 8. f. 32.
If land be given to one, to have and to hold to him and his Heires Males, he hath Fee, Littleton fol. 6. and 9 H. 6. fol. 25.
A man deviſes his land to one, to give and ſell, or to do with that at his will and preaſure, he hath Fee without more, 19 H. 8. f. 9 and 7 Ed. 6. Tit. Deviſe 39.
If a man deviſe his land to J.S. paying to J.D. a 100 l. J.S. hath Fee, but if be deviſe to J.S. without more, he hath but for life, and in the firſt caſe, if he do not pay that in his life time, yet if his Heires or Executors pay it, that ſufficeth, therefore it ſeemeth payment is not a condition there, 29 H. 8. Tit. Teſtament 18.
If lands are given to an Abbot or Prior, to have to him and to his heires, yet he hath not an Eſtate but for life, for that, that his heires cannot inherit; otherwiſe it is, where land is given to a Biſhop, or Parſon, and his Heires, for they have Fee, 94 H. 5. f. 9.
If lands be given to B. for life, the remainder to C. in taile, the remainder to the right heires of B. the Fee is veſted in B. if C. dye without Iſſue in the life of B. as well as if the remainder were given to him and to his right heirs, and the right Heire of B. ſhall be in by diſcent, if C. dye without Iſſue, and not as a Purchaſor, 18 Ed. 2. Tit. 109.
If Tenant in Fee bargaine and ſell his land by Deed Indent, and inroll within ſix Moneths to another, though it be not to have to him and his heires, he hath in Fee, 27 H. 8. f. 6. and fol. 10.32 H. 8. Tit. conſcience the twenty fifth the ſame.
If lands be given to J.S. to have to him in Fee ſimple, yet he hath no Fee but for life, 20 H. 6. fol. 36.
But if land be given to one to have to him and his heires ſo long as ſuch a Tree growes, hath Fee determinable, 27 H. 6.29. B
If a man lets land to J.S. to have and to hold to him and his heires for tearme of the life of J.D. he hath Fee determinable, for if J.S. dye, living he for whoſe life, the heire of the Leſſee may enter, and not a ſtranger as Ocupans, Lit. fol. 136. 8 H. 4. fol. 14. You ſhall ſee the ſame, 21 H. 8. Tit. Eſtates 50. and inquire.
If a man deviſes lands to J.S. paying ten pounds to his Executors and dies, J.S. hath Fee by reaſon of the payment, without words heires. The ſame Law is, if one ſell his land to J.S. without words heires, he hath Fee, 4 Ed. 6. tit. eſtates 78.
Leaſe was made for eleven yeares, and for ſecurity of that, made a Writing, that if he were diſturbed he ſhould have Fee, and Livery was made, and hath Fee upon diſturbance, 10 B. of Aſſ. 15. 10 Ed. 3. Tit. Aſſ. 161. the ſame.
Leaſe is made to one for twenty yeares, and the Writing expreſſeth over, that after the twenty yeares, that the Leſſee and his heires ſhall hold it for ever, paying ten pounds, and Livery is made, he hath Fee forthwith; for if the Leſſor takes a VVife within the twenty years and dies, ſhee ſhall recover Dower by award of the Court, 31 Ed. 3. tit. Feoffment 119.
If a man lets for nine yeares upon condition, that if the Leſſee be diſturbed within the tearme, that the Leſſee ſhall have Fee; if the Farmor alien before diſturbance, this is diſſeiſin to the Leſſor, for the ſee is not in the leſſee before the condition broken, 43 Book of Aſſ. 41.
If Lands be granted to one for five yeares, upon condition that if he ſhall pay to the Grantor within the firſt two yeares forty Marks, that then he ſhall have fee, or otherwiſe but for five yeares, and Livery and Seiſin is made, he hath fee forthwith upon condition, Littleton 81. See 14 H. 8. fol. 25. Diverſity where the condition is precedent and where ſubſequent.
The Lord Lovell let to W. for life, and if the Leſſor dyed without Iſſue of his body, W. ſhould have Fee, the Fee is not forthwith in W. Plowden, fol. 481.
Land is given to the Husband and his Wife in ſpeciall taile, the remainder in Fee to the Husband, which deviſeth the Fee to his Wife, and dyes without Iſſue, the Wife is ſeiſed in Fee, 27 Book of Aſs. 60. Lit. fol. 31. B.
If a Woman be ſeiſed in Fee, and deviſeth that to her Husband and his heires, and dyes, he hath no Fee, Natura brevium, fol. 88. 3 Ed. 3. Journey to Northampton, 33 Aſs. 3. the ſame, 18 E. 4. fol. 11. B.
18 H. 8. tit Patentees 104. The King gives Land to J. S. and to his heires males, adjudged that the Grant is void, for that that the King is deceived in his Grant, for this ſounds in Fee ſimple, whereas it is ſayd, the King intended but an Eſtate taile, which is not ſo expreſſed: And therefore now he is but Tenant at will; and contrary in the caſe of a common perſon: For Littleton, fol. 6. ſaith, Lands are given to another, to have and to hold to him and his heires Males, or to his heires Females, or to whom the gift is made, hath Fee in a common perſons caſe, for that there is no limitation in the gift, of what body.
6 H. 7. fol. 13. If Office be granted to one for life, and after the King grants that to another, and doth not recite the firſt Grant, the King is deceived, and it ſeemes that the ſecond Grant is voyd.
1 H. 7. fol. 13. Where the King of meer motion, forgave A B of all his Debts, and was Sheriff, and after in the Exchequer he pleads that as Sheriff, and held for that that it is of his owne motion, and is generall, yet he may plead that, and it is a good Barr: Otherwiſe it is, where it is by ſuggeſtion, for where it is of meer motion, it is intended the King is not deceived; but it ſeems if the King pardon one all his Debts, he as an Executor ſhall not take advantage of that: The ſame Law is, if two be indebted, and the King pardon one, the other ſhall not take advanrage of that, for it was the onelyonly debt of him.
9 H. 7. fol. 2. Where a Grant of the Kings is of his meer motion, and the King recites, that where he hath granted by his Patent, he ratifies and confirmes, and over (We give and grant) this (give and grant) is not, but voyd, for the King is Eſtopped to ſay the contrary, but that he granted and ratified that; but if it were, as We are informed, he is not Eſtopped, and the King there is deceived: And where it is of his meer motion, recyted that he holds for life, he is Eſtopped to ſay contrary, but if it were, as We are informed, he is not Eſtopped, and the King is deceived, and he holds not for life.
3 H. 8. fol. 7. held, VVhere a Grant of the King is not onelyonly of his meere motion, but alſo of ſuggeſtion, there if any part of the ſuggeſtion be not true, the whole Grant is voyd.
8 H. 7. fol. 1. VVhere the King upon information of the party, Grants a Mannor which he hath by forfeiture, and hath not that by forfeiture, it is voyd; for he is deceived: So it is ſayd where the King grants reverſion, where there is no reverſion, he is deceived, and voyd.
27 H. 8. tit. Patents 100. It is ſayd for Law, that a falſe conſideration in letters Patents ſhall not avoyd them; as where the King for ten pounds to him payd, gave ſuch Land, and the ten pounds is not payd, the Patent is not void, and ſhall not be repealed: Contrary of Patent granted upon falſe ſurmiſe, as to falſifie that the Land came to the King by the attainder of J. S. which is not true, or ſuch like.
26 H. 8. fol. 1. If the King grants Lands to J. S. and recites for good ſervice he hath done, he grants, and it is not true, yet the Grant is good, though the conſideration is falſe.
27 H. 8. fol. 33. by 6 H. 8. fol. 15. Will, That the ſecond Patent of an Office ſhall be voyd, where another Patent is made before, during the will of the King: If mention and recytall be not made in the ſecond Patent, of the firſt Patent made at the will of the King; if the Officer hath Fee it is voyd; otherwiſe it is if hee have no Fee, as it ſeemes, 3 H. 7. fol. the laſt. 6 H. 7. fol. 13. the ſame.
Where the remainder in Fee depends upon determination of Eſtate, and where upon Condition, and where upon Contingent.
HUsband and his VVife ſeiſed in right of his VVife in taile, the Husband enfeoffs other two, ſo long as J. S. and ſeven other perſons live together, and if it happen any of them to dye, that then the remainder to the Husband and his VVife, and to the heires of the VVife, and J.S. dyes, and the Husband and the VVife enter, as they may, for the remainder depends upon determination of Eſtate, and not upon condition, for death is certaine, and for that the Eſtate is determined, 18 H. 8. fol. 3.
18 Ed. 3. fol. 2. A Fine was levyed to the Husband and his VVife, and to their heies Males, of their two bodies begotten; ſo that if the Husband dyed without heire Male, that that ſhould remaine to the right heires of the Husband, and is received, for that doth not depend upon condition, but upon a limitation upon contingent of death which is certaine.
27 H. 8. fol. 28. A Fine upon grant and render, by which the Coniſee grants and renders to the Coniſor, the Lands in taile, upon condition that the Coniſor and his heires, ſhall carry the Standard of the Coniſee in Battell, and if the Coniſor or his heires faile, that then that ſhall remaine to a ſtranger; this depends upon a condition, and by Fitzherbert, Fine cannot be taken upon a condition, but if it be taken it is good: And by Fitzherbert, the Fee is in the ſtranger forthwith, before the Tenant for life dyes, otherwiſe it takes no effect, for this word (that then it ſhall remaine) referrs to the poſſeſſion of the Lands; that is, that then the poſſeſſion of the Land after the death of the Tenant for life ſhould remaine; but if one let for life upon condition, that if he dye, &c. the remainder to a ſtranger, that is in him preſently.
Plowdens Commentaries, fol. 487. Nichols Caſe; If a Leaſe be made upon condition, that if the Leſſee pay certaine Moneys within the tearme, that he ſhall have it in Fee, he hath no fee forthwith, but upon the payment; but it ſeemes, this varies from the remainder.
If a man makes a Leaſe for life upon condition, that if the Leſſor dye without Iſſue, that then the Leſſee ſhall have fee, the Leſſee enters into Religion, and after the Leſſor dyes without Iſſue, and after the Leſſee is drawne out of Religion, he ſhall not have fee; in ſo much that at the time of the condition the fee could norveſt in him.
21 H. 7. fol. 11. Gift is in taile upon condition, that if he alien in Fee, that his Eſtate ſhall ceaſe, and that this ſhall remaine to a ſtranger, it is not good; for an Eſtate of Inheritance cannot ceaſe, alſo it cannot remaine without particular Eſtate, and it cannot be upon a condition repugnant.
Where your Tenant hath the fee in him in expectancy, and not executed in him, and where it is executed in him.
A Leaſe to the Father for life, the remainder to the eldeſt Son in taile, the remainder to the right heires of the Father, the Father dyes, and the eldeſt Son dyes without Iſſue, the youngeſt Son ſhall pray releife, and the Fee was but in expectancy, 40 Ed. 3. fol. 9.
A gift to three Brothers for life, the remainder to the middlemoſt in taile, the remainder to the right heires of the elder in Fee; the middlemoſt and the youngeſt dye without Iſſue, the Fee is executed in the eldeſt, 40 Ed. 3. fol. 20.
Tenant for life, the remainder to J. S. in taile, the remainder to the right heires of the Tenant for life, the Tenant for life is impleaded, and hath ayde of him in remainder, for that that the Fee is in expectancy, 41 Ed. 3. fol. 16.
Leaſe for life, the remainder in taile, the remainder to the Tenant for life in Fee, yet if he make waſte, hee ſhall be puniſhed in waſte, for that he hath the Fee in expectancy, but not executed, Fitzh. fol. 60. B.
Gift in taile, the remainder to his right heires in Fee, this remainder is not executed, yet it is in him to grant, Perkins, fol. 19. 12 Edw. 3. the ſame, and 7 H. 5. fol. 2. the ſame.
Where one hath an Eſtate in taile, Raſtall, Treaſon 12, 19.the remainder to his right heires, and is attaint of Felony, he ſhall forfeit the Fee, but the Iſſue hath the Eſtate taile, 12 H. 4. fol. 3. But by the Statute of 5 Ed. 6. chap. 12. and 26 H. 8. chap. 13. One attaint of high Treaſon againſt the Queen, the Iſſue ſhall not have the Land intailed, 7 H. 8. fol. 48. Fitzh. fol. 30. B.