Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	degree_n	executor_n	substitute_n	60	3	17.0628	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
a13252	A briefe treatise of testaments and last willes very profitable to be vnderstoode of all the subiects of this realme of England, (desirous to know, whether, whereof, and how, they may make their testaments: and by what meanes the same may be effected or hindered,) and no lesse delightfull, aswell for the rarenes of the worke, as for the easines of the stile, and method: compiled of such lawes ecclesiasticall and ciuill, as be not repugnant to the lawes, customes, or statutes of this realme, nor derogatorie to the prerogatiue royall. In which treatise also are inserted diuers statutes of this land, together with mention of sundrie customes, aswell general as particular, not impertinent thereunto: besides diuers marginall notes, and quotations not to be neglected, especially of Iustinianists, or young students of the ciuil law: vvith two tables, the one analyticall ... the other alphabeticall ... By the industrie of Henrie Swinburn, Bachelar of the Ciuill Lawe.	Swinburne, Henry, 1560?-1623.	1591 (1591)	STC 23547; ESTC S118058	497,477	642

age yet shall the villeine be free at such time as hee should haue attained vnto that age if he had liued q) d. L. si ita scriptum et DD. in d. §. hoc autem The thirde case is when anie legacie is left to some godlie vse for then also the legacie may be recouered notwithstāding the death of that person to whose age the testator made relation r) Vasq de success progress lib. 3. §. 29. n. 5. in fin vbi conclusionem hanc varijs confirmat medijs The fourth case is when the time tendeth to the dissolution of the legacie For example the testator dooth giue thee tenne pound yearly vntill his sonne doo attaine to the age of xxi yeares In which case if his sonne die in the meane time thou maist obtaine the legacie of tenne pound yeerely vntill such time as the testators sonne should haue attained to that age if he had liued s) L. ambiguitatem C. de vsufruct Bald. in d. L si cui ff de leg 1. Vasq de success ꝓgress lib. 3. § 29. n. 3. The fift case is when it is the will and meaning of the testator that the legacie should be transmitted t) Bar. in d. L. si cui §. hoc autem in fin Bald. in eand L. et in L. Scius ad Trebel ff Paul de Castr in d. L. ambiguitatem n. 2. But if the time of the age bee not ioined to the substance of the legacie but to the execution or performance of the same then the legatarie dying in the meane time his executors or administrators may recouer the same when the time is expired wherein the legatarie if he had liued should haue accomplished that age v) Bar. et alij in d. §. hoc autem ꝑ L. ex his C. quādo dies leg ced Of making an executor vniuersallie or particularlie 1 It is lawfull to appoint an executor either vniuersally or perticularly 2 The vniuersall executor maie enter to all the testators goodes and cattels and therefore chargeable with paiment of all his debts 3 The particular executor maie meddle with no more then is allotted vnto him and therefore not charged but according to his portion 4 A man may die both testate and intestate in respect of his goodes 5 Of a particular and vniuersall legatarie §. xviij THirdly † an executor may bee ordeined either vniuersally or particularly a) §. haereditas Instit de haer instit Grass Thesaur com op §. Institutio q. 21. n. 1. Fitzh Abridg. tit executor n. 26. Brook tit execut n. 2. n. 155. vniuersally that is to say when the testator maketh an executor of his whole will or dooth commit vnto him the distribution of all his goodes or when the testator dooth appoint an executor indifferently that is to say without any signe vniuersall of whole or all as I make A. B. my executor b) L. 3. C. de mil. testō particularly that is to say when the testator dooth commit the execution of some part of his wil or the disposing of some part of his goods onely as if the testator should make thee his executor of his plate or of his goodes within the Countie of Yorke or of his debts onely c) Fitzherb Abridg. tit exec n. 26. Brook eod tit n. 2. n. 155. He † that is made executor vniuersally or simplie may enter to all and singular the goods and cattels of the testator d) L. haereditas de reg iur ff ibi Cagnol Plowd in cas inter Greysbrook Fox infr part 6. §. 3. and in that respect is vniuersally and simplie chargeable with the paiment of all and singular the debts and legacies of the testator so far as the same goods and cattels do extend e) Termes of law verb. executor He † that is made executor particularly cānot meddle with any other of the testators goods and cattels then such whereof he is made executor and is onely so farre chargeable with the paiment of the debts and legacies of the testators as the portion of the goodes to him allotted doth extend vnto f) Fitzh Brook vbi supra L. si haeredes de leg 1. L. legatorum de leg 2. ff Sichard in L. 1. C. de impub. al. sub n. 4. Est enim eadē ratio partis ad partem atque totius ad totum and if there be no other executor appointed the particular executor cannot meddle with the residue as executor for touching † the other goods the testator by the lawes of this realme is saide to die intestate g) Fitzherb Brook in locis suprascriptis so may die partly testate and partly intestate not onely in respect of time as hath beene before declared h) Supra ead part §. 17. in prin Brook tit administrator n. 45. Plow in cas inter Greysb Fox but also in respect of place and of goodes i) Fitzh tit executor n. 26. Brook eod tit n. 155. contrarie to the ciuill lawe And heere note † that as an executor maie be made vniuersallie or particularlie euen so one may be made particular or vniuersall legatarie in respect of some vniuersall or particular legacie left by the testator k) Vide supr 3. part §. 17. hac parte §. 4. Howbeit where the testator doth leaue all his goodes or the residue of his goods to some person none else being appointed executor he to whom such general legacie is made seemeth to be appointed executor l) L. his verbis ff de haeredibus instit gloss ac DD. ibid. Grass Thesaur com op §. Institutio q. 14. Mantic. de coniect. vlt. vol. lib. 4. tit 3. n. 8. at least he hath bene admitted to the administration of the goods of the deceased m) Et ita sae piss practicari obseruaui in foro Archiepiscopi Ebor. as heretofore more largely n) Supra ead part §. 4. But if the testator giue his goods to one person and make another executor this executor is called Nude executor for that he reapeth no commoditie by the testament o) Io. de Athō in legat libertatem de execut testament Lindw in c. statutum de testa lib. 3. prouinc constit Cant. in c. religiosa eod tit verb. de damnis Of making executors by degrees 1 How executors are made by degrees 2 He that is made executor in the first degree is said to be instituted the rest substituted 3 Diuerse kinds of substitutions wherof certaine haue but little vse in England 4 Of the diuerse formes of a vulgar substitution 5 Of the effects of substitutions 6 So long as the executor instituted in the first degree maie bee executor the substitute is not to bee admitted 7 If any one executor in the first degree may be admitted the substitute is excluded 8 What if euerie executor haue a seuerall substitute 9 The first substitute being repelled whether the rest

of a codicill 12 Definitions of a codicill and a testament how they agree or differ 12 Definition of a legacie or deuise fol. 14 Definition of a gift in consideration of death 16 Definition of a solemne testament 17 Definition of a testament mētioned in the Ciuil law whether it agree with our testaments in England 19 Definition of a testament comprehendeth both solemne and vnsolemne testaments 19 Definition of a testament is not of any speciall testament 21 Definition of a priuiledged testamēt 24 Definition of a testament amongst children 29 Definition of a testament ad pias causas 30 Definition of an idiot or naturall foole 39 Definition of a slaue 43 Definition of an Apostata 55 Definition of a famous libel 58 Definition of appointment of an executor 112 Defect in the testators meaning 261 Defect of solemnitie whether it doe make void the testament 257 Defect of will whether it destroy the testament 258 Degrees of consanguinitie prohibiting mariages here in Englande 57 Of Degrees of Executors 177 Debtes whether they ought to be put into the inuentarie 218 Debtes which are first to be payed 228 Debtes to the Prince are first to be payd 229 Of Debts due by recognisance and statute merchant 229 Of Debts vpon iudgementes folio 229 Of Debtes vpon obligation folio 229 Of Debts vpon billes and bookes 229 Of Debts without specialty 229 Debt due to the executor whether it is to be allowed 230 Debts due by the testator discharged by the executor with his own mony whether he may retain the testators goods 230 A Debt being bequeathed and afterwards receiued by the testator whether the legacie be extinguished 281 Difference betwixt a testament and all other kindes of last willes 7 The Difference betwixt a testament and other sentences 10 Difference betwixt the definition of a last will and the definition of a testament 11 Difference betwixt these two words Lawfull and Iust 11 Difference betwixt these two words Disposition and Sentence 11 Difference betwixt a legacie and a gift in case of death 14 Difference betwixt a slaue and a villeine 43 Difference betwixt the executor of an executor and the executor of an administrator 92 Differēce betwixt these two phrases if he do not marry and so long as he doth not marry 153 Difference betwixt these phrases Jf he die without issue and If he haue no issue 166 Difference whether the legacie be referred to the substance or execution of the disposition 173 Difference betwixt substituting by proper names and by names appellatiue 179 Difference betwixt obscuritie ambiguity 192 Difference betwixt the lawes Ciuill the lawes Ecclesiasticall about the education of bastards 200 Differēce betwixt the vulgar and legall forme of prouing testaments 224 Difference betwixt a proper name and a name appellatiue 246 Difference betwixt these wordes J geue and I bequeath 284 Different effects of a simple assignation of an executor and a simple legacie 119 Distinction of legacies confounded 15 Distribution of the residue of the testators goods 235 Diuers kinds of conditions 121 Deuise of landes not good without writing 23 Doctors of the law and cleargy mē what priuiledges testamentary they enioy 27 All Doctors or Diuines not priuiledged 28 Donor of lands in taile whether he may prohibite alienation 154 Doubt about the date of willes maketh both voyd 29 Dumbe but not deaffe whether such a person may make his testament 52 A Drunken person whether he may make a testament 42 E Of Ecclesiasticall persons some be regular some be secular 64 Ecclesiasticall persons are not simply prohibited to make their testaments 64 Ecclesiasticall persons may make their testamentes of all goods which they haue not in right of the Church 64 Ecclesiasticall persons cannot make their testaments of things immoueable which they posses in right of the Church 65 An Ecclesiasticall person may make his testament of the glebe by him sowen .. 65 An Ecclesiastical person whether he may make his testament of all mouable goods which he hath in right of the church 65 Effects of interlocutorie and definitiue sentences be contrary 9 The Effects of testaments and codicils contrarie 14 Efficacie of a nuncupatiue testamēt 24 The effect of dieng with or without a testament 112 Effect of a pure or simple nomination of an executor 116 Effects of conditions diuers and cōtrarie 123 The Effect of the disposition is not suspended by necessary or impossible conditions 124 The Effect of the disposition is suspended by possible conditions 124 Effects of substitution of executors 177 Effects of an inuentarie 220 Effects of a perfect account 236 Effects of a bare reuocatiō 169 Effectes of an vnperfect accoumpt 236 Effect of cancelling testamentes 270 Election whether it belong to the executor or legatarie 255 Election in what maner it ought to be made 255 Election belōging to the Legataries which of them ought to chuse first 256 In Election if the collegataries dissent what meanes is to be vsed 256 Emblements See corn on the groūd Encrease or decrease of solemnities doeth not make any disagreement betwixt our testamentes and the definition of a testament 20 In England testators are not tied to the obseruation of any other solemnities the such as bee Iuris Gentium 6 In England our testaments though vnsolemne haue the effectes of testaments properly so called 21 End of an account 236 Enimity a cause whereby the legatarie doeth lose his legacie 286 By Enimitie whether the legacie be lost if the testator were the cause thereof 286 By Enimitie the legacie is not alwayes lost 287 Errors detected about the definition of a testament 7 Error may happen diuers wayes 244 Error in the person of the executor or legatarie doth destroy the disposition 244 Error in the name of the executor or legatarie whether it hurte the disposition 244 Error in the qualitie of the executor or legatarie whether it destroy the disposition 245 Error in the thing bequeathed manifold 245 Error in the proper name of the thing bequeathed whether it destroy the legacie 245 Error in the name appellatiue of the thing bequeathed whether it destroy the legacie 245 Error in the substance of the legacy whether it make voyd the legacie 246 Error in the quantitie of the thing bequeathed whether it be hurtful 246 Error in the quality of the thing bequeathed whether it be hurtfull 248 Error in the forme of the disposition destroyeth the force therof 248 Essentiall forme of a testamēt is the naming of an executor 112 Examples out of the olde testament whereby it may seeme lawfull for kings to geue away their kingdomes 66 Examples out of prophane histories tending to the same ende 66 Examples of a pure or simple appointment of an executor 114 An Excommunicate person maye make his testament except in certaine cases 60 An Excommunicat person whether he may be executor 198 An Executor wherefore he cannot dispose the testators goods by legacie 49 An Executor made without expresse mention of this worde Executor