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![handle is hein.slavery/ssactsengr0930 and id is 1 raw text is: TRIN. 15 CAR. I. B. R.
27. CooKs against BELLAMY. In Devise, Br. 6.
Devise.
In ejectment by special verdict it was found, that Bower, who was lessee for
1000 years, deviseth to A. for life, remainder to P. M. in tayl, during the residue of
the years, and dyeth, making A. executor. P. M. by indenture leaseth to D. for
500 years, all the estate he hath in the land, whose administrator B. is lessor of the
plaintiff; after which the feme executrix marrieth unto the defendant, and then she
assents to this legacy, having entred generally before, and then she dyeth, and by
Powis this is good by estopel; and the difference is betwixt a deed poll and an inden-
ture, for in that case it had been void, as 10 Co. 47, Lamyets case, and 4 Co. but in
this good, especially against all but those that have right: and had the legatee in tayl
been li-[531]-ving, he could not have entred contrary to his grant, no more shall his
executor here ; and for the interest, it's such as may be released to him in reversion
or remainder, or he may barr it by estople,,as 18 Ed. 3, 47. 1 Inst. 47 b. grant of
lands, and after purchasing them, is stronger then this, 10 Co. 50 a. Grants case, which
is but of a bare possibility, and here is a kind of interest; also no title is found for
the defendant, but only that he was administrator of the executors of P. M. The
Court agreed, that if the devise recite the estate of the devisor, and their intent, that
then there can be no estople. Twisden excepted to the verdict, which found that the
testator gave the lands in question in Ascrit, by the name of all his lands in Ascough,
which he doubted was ill ; contrA of a feoffment. Windham contrA, that it is well
enough. Adjornatur.
28. THE KING against WRIGHT. Siderf. 148, pl. 8.
Perjury.
In an information of perjury, Coleman moved for judgment, the recital of the
record in the C. B. of the action, and issue, &c. where the precept was quod yen. fac.
hic, is well enough. 2. The jurata was in Curia domini Regis, which may be intended
as well in C. B. as B. R. And if this be after verdict, as it may be intended, it's but
jeoffail ; if not, it's but miscontinuance, and at worst its but error of record in C. B.
which ought to have been taken notice of at the trial. Twisden, The recital cannot
vary from the record below, whether it be good or bad: but however by Windham
and Keeling, the defendant being convicted, cannot take any advantage of it, no more
then the sheriff on escape. Judgment pro Rege, nisi.
29. COLEMAN against POLLARD. In Devise, Br. 1.
Devise. Siderf. 148, pl. 9.
In ejeetment by special verdict, it was found that A. was seised, and devised to B.
his heir when at fourteen years of age, for ever, and if he dye before the age of 21,
and without issue then living, then to C. which P1. Com. 289. 2 R. 3, 18 is an
absolute fee in B. the devise for ever being void, and the other part but a limitation,
which on the accomplishing of the age of 21 is gone, and (and shall not be taken for
or) and Moor 13, this shall give no estate to C. by implication, there being an express
limitation before, 2 Cr. 695, and this is but a contingent at the best, whith is destroyed
by the feoffment of B. as Dy. 330, & 354, at 21 years of age, Soul [532] against
Gerrard, or was expounded for and, according to the intent, by Twisden ; but whether
it shall be so expounded here, or for and, he doubted : the Court conceived not, by
reason of the word then living, &o. Judgment for the plaintiff, nisi. That it's an
absolute fee, and the contingent destroyed.
1095
I KEBLE, 531.](ViewImageLocal?handle=hein.slavery/ssactsengr0930&div=1&collection=&method=preview&ext=.png&size=3)