I., st. 27), since it was
made in mortmain for the beneficiaries to chant for him and his heirs
for ever. The Judge ruled that alienation contrary to the statute was no
justification for the heir to enter; and he drew attention to the
inconsistency of counsel in pleading that Silke could not devise his
inheritance, and that he could devise if there were no infraction of the
statute. Counsel thereupon elected to abide by his first contention, and
the question of fact was referred to the Assise (or Jury) which found
that part of the tenements were in William's seisin and that William had
purchased his father's estate therein.
We now come to the concluding passages of this highly interesting suit:
"_Berewyke_ [the Judge]: 'For that he could not purchase his own
heritage so that it could be styled his own purchase; and he devised the
tenements; and the custom of the town does not permit a man to devise
his heritage; Therefore this Court adjudges that Sybil (_sic_) do
recover her seisin of the tenements which were not devisable. Now what
say you as to the remainder?'
"The Assise said that the remainder of the tenements were of his own
purchase from several persons in the town, and that in his last illness
he devised them to Martin for the term of his life, and that the
testament was proved at the Guildhall according to the custom of the
town; and that the executors were commanded to deliver seisin to Martin,
and that according to the custom he had the seisin, &c.
Pages:
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216