Page:Ruffhead - The Statutes at Large, 1763.djvu/125

This page has been proofread, but needs to be validated.
A.D. 1285.
Anno decimo tertio Edwardi I.
Stat. 1.
79

Bodies between them begotten, the Land so given shall revert to the Giver or his Heir. [1](2) In case also where one giveth Lands in free Marriage, which Gift hath a Condition annexed, though it be not expressed in the Deed of Gift, which is this, That if the Husband and Wife die without Heir of their Bodies begotten, the Land so given shall revert to the Giver or his Heir. [2](3) In case also where one giveth Land to another, and the Heirs of his Body issuing; it seemed very hard, and yet seemeth to the Givers and their Heirs, that their Will being expressed in the Gift, was not heretofore, nor yet is observed. [3](4) In all the Cases aforesaid, after Issue begotten and born between them (to whom the Lands were given under such Condition) heretofore such Feoffees had Power to aliene the Land so given, and to disherit their Issue of the Land, contrary to the Minds of the Givers, and contrary to the Form expressed in the Gift. [4](5) And further, When the Issue of such Feoffee is failing, the Land so given ought to return to the Giver, or his Heir, by Form of the Gift expressed in the Deed, though the Issue (if any were) had died: (6) Yet by the Deed and Feoffment of them (to whom Land was so given upon Condition) the Donors have heretofore been barred of their Reversion ⟨of the same Tenements⟩,[5] which was directly repugnant to the Form of the Gift.

  1. ↑ 2 Roll. 429.; Godbolt 308, 367. pl. 458.; Vaughan 365.; Latch 67.; Savil 67, 88.; 7 Co. 33.
  2. ↑ Fitz. Tail, 11, 12, 13, 14, 16, 17, 18, 21, 22, 23.; Co. Lit. 18. b. 19. a. 24. a. 223. b. 224. a.; 12 Co. 81.
  3. ↑ Fitz. Formed. 61, 65.; Fitz. Tail, 9, 10.
  4. ↑ Fitz. Tail, 15.
  5. ↑ Add of the same Tenements.

In Gifts in Tail the Donor's Will shall be observed.II. Wherefore our Lord the King, perceiving how necessary and expedient it should be to provide Remedy in the aforesaid Cases, hath ordained, That the Will of the Giver, according to the Form in the Deed of Gift manifestly expressed, shall be from henceforth observed; so that they to whom the Land was given under such Condition, shall have no Power to aliene the Land so given, but that it shall remain unto the Issue of them to whom it was given after their Death, or shall revert unto the Giver, or his Heirs, if Issue fail (whereas[1] there is no Issue at all) or if any Issue be, and fail by Death, or Heir of the Body of such Issue failing. (2) Neither shall the second Husband of any such Woman, from henceforth, have any Thing in the Land so given upon Condition, after the Death of his Wife, by the Law of England, nor the Issue of the second Husband and Wife shall succeed in the Inheritance, but immediately after the Death of the Husband and Wife (to whom the Land was so given) it shall come to their Issue, or return unto the Giver, or his Heir, as before is said.

  1. ↑ For whereas, read in that.

III. And forasmuch as in a new Case new Remedy must be provided, this Manner of Writ shall be granted to the Party that will purchase it: 
Formedon in discender.[1](2) Praecipe A. quod juste, &c. reddat E. manerium de F. cum suis pertinentiis, quod C. dedit tali viro & tali mulieri, & hæredibus de ipsis viro & muliere exeuntibus.

Or thus:

[2](3) Quod C. dedit tali viro in liberum maritagium cum tali muliere, & quod post mortem prædictorum viri & mulieris, prædicto B. filio eorundem viri & mulieris descendere debeat per formam donationis prædictæ, ut dicit, &c. (4) Vel, Quod C. dedit tali & hæredibus de corpore suo exeuntibus, & quod post mortem illius talis, prædicto B. filio prædicti talis descendere debeat per formam, &c.

  1. ↑ Regist. 238.; Co. pla. 317, 338, 341.; Dyer, 216, 247.
  2. ↑ Fitz. Fines, 125.; Fitz. Formed. 5, 6, 7, 11, 12, 22, 30, 42, 44, 46, 47, 49.
IV. The Writ whereby the Giver shall recover (when Issue faileth) is common enough in the Chancery; (2) and it is to wit, that this Statute shall hold

Place

This article is issued from Wikisource. The text is available under Creative Commons Attribution-Share Alike 4.0 unless otherwise noted. Additional terms may apply for the media files.