Executors do more represent the Perfon of the Teftator, than the Heir doth the Anceftor; for though an Executor be not named in a Mortgage, or Bond, yet the Law appoints him to receive the Money, not the Heir, unless he be exprefly named.

If a Man dies Inteftate, having no Children, his Wife is to have half his Goods, and the other half fhall be divided amongst the nearest of Kin to the Inteftate, in equal Degree; but if there be Children of the Deceafed, then the Wife is to have a third Part only, and the other two Thirds fhall be equally divided amongft the Children or their Representatives. Stat. 22 & 23 Car. 2.

C. 10.

And if after the Death of the Father, any of his Children die inteftate, without Wife or Children, in the Life-time of the Mother, every Brother and Sifter, or their Reprefentatives, shall have an equal Share with her. Stat. 1 Jac. 2.

25.

No Representatives fhall be admitted among Collaterals, after Brothers and Sifters Children. And if there be no Wife, all fhall be diftributed among the Children; and if no Child, to the next of kin to the Inteftate, in equal Degree.

A Child provided for in the Life-time of the Father, is barred of his Share of Goods, &c. after his Father's Death, if fuch Provifion amounts to a full Share; but if it do not, he fhall have fo much as will make it up. And an Heir at Law fhall have a full Share with the reft, notwithstanding what he may have by Defcent or otherwise.

No Eftate Tail can by Devife or otherwife Devifes. be taken from the Heir, but Fee-Simple may; and fo may Freeholds and Chattels, where Cuftom

P 4

Cuftom does not alter it: And a Devife to a Child in the Womb is good, if the Child be born before the Death of the Teftator, and not otherwife: A Devife to an Infant in the Womb of its Mother at the Time of the Death of the Teftator, is void; for 'tis a Rule, that the Devisee must be capable of the Thing devised at the Time of the Death of the Devifor, if it be then to take Effect in Poffeffion; and if it be a Remainder, he must be capable of it at the Time when the Remainder fhall happen, or else it is void. Dyer 303, 304. Lit. Sect. 168. Bro. Sect. 55. 9 Fac. 1. B. R. and 13 Jac. &c.

A Devife to an Infant en ventre fa mere, is good by Way of future Executory Devife. Raym. 164.

A Devife to a Man and his Heirs, he hath Iffue a Daughter, and dieth, his Wife privily with Child of a Son; the Daughter entereth, The fhall retain the Land for ever, and yet the Son is Heir, but not to toll the Land before vefted in the Daughter.

If a Man devifeth Land to his eldeft Son, it is void, for he is in by Defcent: And if a Man devifes his Lands to his two Sons, (naming them by their Names) paying his Debts, they have no other but an Eftate for Life; for when a Will is made, and it is doubtful how it fhall be taken, it fhall be as much as may be in Favour of the Heir to fave his Inheritance. DaliJon's Rep. f. 13. Pl. 22.

And devifes to charitable Ufes, and for the Benefit of Children, are always favourably conftrued.

A Devife of Goods to an Executor is void; and he shall have the Goods as Executor, not as Devifee. Andr. 1. 22.

A Devife

A Devife of the Profits of Land, is a good Devife of the Land itself: And a Devife of a House with the Lands-belonging, fhall pafs Lands which have been used for fome Years with the House; but if they were divided before the Devife, as half a Year before, or so, it is otherwife. Bulftrode, 3 Part, 105. Palmer's Rep. 375. Inter Loftus and Barker.

If a Man devifeth that fuch a Sum of Money fhall be paid out of the Profits of his Lands, and the Profits will not amount to the Sum, in fuch Cafe the Land may be fold. Ventris Rep. 2 Part. f. 357.

If a Term be devifed to one for Life, Remainder to another for Life, Remainder to a third for Life, &c. and fo to many Perfons one after the other; this is a good Devife to all thofe, notwithstanding Objections of Poffibilities upon Poffibilities, if all the Perfons were in effe at the Time of the Devife, because all the Candles are lighted at once. But if a Devife be to one for Life, who is not then in Being, (as the firft Son) there no Limitation of a Term may be beyond it. Sid. Rep. 1 Part, f. 451.

Where one bequeaths all his Goods and Chattels, or all his Corn, &c. By fuch Bequest doth pafs not only all that the Teftator had of the Things at the Time of making the Teftament, but also all that he hath at the Time of his Death, and that not only in Poffeffion, but in Expectation alfo. Plow. 343.

Devifes upon Condition that a Man do not marry any Perfon, the Condition is unlawful and void; fo are many other Conditions annexed to Devises.

If a Hufband be poffeffed of a Term or Lease for Years, in Right of his Wife, he cannot de

vife it by his Will, but he may grant it away, or difpofe of it in his Life-time; or if he make no Difpofition thereof, yet if he furvive her, then it falls to him; and in fuch Cafe he may devife it by Will. Co. 1 Inft. 35. 1.6.

If one make his Will in his Sickness, by the Importunity of his Wife, to the Intent he may be quiet, and not vexed and troubled by her; fuch Will fhall be adjudged to be made by Conftraint, and not a good Will. Rolls. B. R. Cafe

of Hatcher and Newborne.

If one devife, that A. B. fhall have the Ufe and Occupation of all his Houfhold-ftuff during his Life, and after his Decease, that it fhall remain to C. D. This is a good Devife of the Property of the Houfhold-ftuff to C. D. But if the Thing itself be bequeathed to A. B. it is otherwife; for the Gift of a Chattel Perfonal to a Man for an Hour, is the Gift thereof for ever. 37 H. 6. 30 Lit. Bro. Sect. 388.

PRE

PRECEDENTS.

The feveral Sorts of Precedents contained in this Volume, (viz.) Bargains and Sales, Gifts, Grants, Articles, Special Conditions, Covenants, Exchanges, Deeds of Partition, Partnerships, Special Releafes, Letters of Attorney, Licences, Bills of Sale of Ships, Charterparties of Affreightment, Leafes, Settlements of Perfonal Eftates, and Leafes, and alfo of Annuities, Moneys in Funds, &c. inftead of Jointures of Lands, &c.

K

Bargain and Sale.

A Bargain and Sale of Goods.

NOW all Men by thefe Prefents, That I A. B. of, &c. Gent. for and in Confideration of the Sum of 501. of, &c. to me in Hand paid at and before the Sealing and Delivery of thefe Prefents by C. D. of, &c. Gent. the Receipt whereof I do hereby acknowledge, Have granted, bargained and fold, and by these Prefents do fully, freely and abfolutely grant, bargain and fell, unto the faid C. D. All the Goods, Houfhold-Stuff, and Implements of Houfhold, and all other Goods whatsoever, mentioned and contained in the Schedule hereunto annexed, now remaining and being in a certain Meffuage or Tenement called, &c. fituate, lying and being in, &c. and now in the

Tenure