granted; in this cafe the adminiftrator is not an affignee to take, nor fhall he take a purchafer, but he shall take it as a thing vefted in the inteftate. Owen 125, 126. (a)

7.8 feifed in fee of land, enfeoffs A. and B. and their heirs, until they To perfons in make a leafe of the lands for divers years to certain ufes, to begin at the truff, fezt of Philip and Jacob next coming; the feoffees enter, and make a leafe for years of the land, to begin from the fealt of Philip and Jacob next: In this cafe there is only matter of trul in the feoffees, and they are not to take advantage by not performance of it, but the ufe fhall be to the feoffor. And this leafe, although it be for a day longer than was agreed by the deed, yet shall be good. Style 188, 205. Sed quare for court divided two and two on both points.

Any gift or grant of land to an ecclefiaftical perfon in his natural To ecclefiafticapacity is good, and fhall be taken as a gift or grant to any other cal pe fons.

man.

If any leafe be made to a fpiritual person to farm, against 21 H. 8. it is not void; for this flatute intended leafes made to fuch perfons before, and not after the fealt of St. Michael mentioned in the act.

3 Leon. 122.

A perfon having been guilty of treafon or felony may before or after To persons atbis attainder have and take by deed, as any other man may do; but tainted of treathat they have and take will be liable to the king by virtue of his prerofon or felony. gative in the latter cafe or lord by efcheat in the former cafe. Co. Litt. 2, 42. b.

A clerk convict may, and a villain might have had and taken by grant To a clerk, or gift as another man, and yet they might not and may not retain convict, what they take; for the king or lord, as the cafe is or was, would have villain. and will have it. Perk. § 48.

Co. Litt. 2, 42.

Outlawed perfons in any civil actions may have and take by deed as To an outlawany other man may do; but what they have and take will be liable to ed perfon. forfeiture to the king and his patentee by law given to them. Perk. §

48. Owen 116. (b)

A perfon non compos mentis, or dumb, blind and deaf, may have and To perfons non take by the gift or grant of lands as well as another man, may do; and compos mentis, a deed of gift or giant made to them is as good and effectual as a dumb, blind deed made to any other perfon whatsoever. Co. Litt. 2. b. 3. b. (c)

Perk. 51.

(a) Note, it was held in this cafe, that the adminiftrator could not have it as affignee, for adminiftrators are not affignees, administrat on being appointed by the ordinary, whereas affignees must be by the party himself and no by a firanger; contra of an executor that comes in by the party, or a husband for his wife. Owen 125. Sed quære if an administrator be not an affignee in law.

(6) A man outlawed is capable of a leafe from the crown, as farmer to the crown. Owen, 116.

(c) But if he die in his madnefs, or recover his memory afterwards and agise not thereunto, his heir may waive and difagree to the eftate, without any cause thewed, and fo it is of an ideot. But if the man of non fane memory, remover his memory and agree unto it, it is unavoidable. Co. Litt. 2. b. Quere, if a non compos may plead his difability to avoid his own acts as well as an inf.nt. Vid. Fatz. Nat. Brev. 202. Co. Litt. 247. a. b, et 2 Blackft. Comm. 291. et vide fup. 137. note a.

An

and deaf.

To an excom

An excommunicate perfon may take lands or goods by the gift or municate per- grant of another man, the fame as any other perfon may do. Perk. 48, 51. Com. Dig. Tit. Grants. B. 1.

fon.

Drunken man.

Deformed

So may a drunken man, the fame as when he is fuber. Wing. Max. 570.

A gift or grant to a deformed perfon, having human shape, or to a perfon, leper, leper, or fuch like perfon, is good. Co. Litt. 3. b. 7. b. 25. b.

Hermaphrodite.

To perfons

dead in law.

To perfons not in being.

6. A fufficient

name of a granice.

So to an hermaphrodite, according to the moft prevailing fex. Co. Litt. 3.a.

The gifts and grants to dead perfons in law, fuch as monks, friars, and other religious perfons, formerly were utterly void in law. Sed vid. Co. Litt. 2. b. 3. a. contra.

A perfon not being at the time of the gift or grant made, as the first born of 7. S. or the like, is not a good grantee: And al though fuch a one be afterwards born, it will not mend the cafe. But a remainder fo limited may be good, if any fuch person shall hap. pen to be when the remainder falls. Owen 40. Perkins 52. 3 Com. Dig. 443. B. 1.

The grant of an office for LIFE, the remainder to a fucceffor, is void as to the fucceffor. Moore, Cafe 1094.

As to alien vid. fupra.

SÉC T. VII.

What is a fufficient Name for a Donee, Grantee, or other Perfon to whom a Contra may be made.

G

RANTEES, &c. must not only be perfons in being, and capable to take by grant, &c. by the name in the deed mentioned, but they muft alfo be fufficiently named and deferibed one way or other; and he himself, and not a franger, muft take by the deed; and all bodies natural or politic, that are not difabled by law, may be grantees, and take by deed and all perfons that may be grantors may grantors may be grantees. And fome others that cannot grant or give, yet may take or receive. And a grant made to two, or, three or twenty fuch perfons, is good. Co. Litt. 2, 3. Perk. § 43. Shep. Touchfl. 54.

If a grant be never fo well made in all the parts of it, except in the omiffion of the name or defcription of the grantee, if it does not exprefs that, it is void, for in every grant there must be a grantor and grantce, in every obligation, an obligor and obligee, and in every feoffment a feoffor and feofice. And fo of other deeds. Shep. Touch. 54.

There are divers forts of names and nominations of perfons or bodies politic or corporate, that may take, whereof there are divers forts; as firft, the proper names or furnames; wherein there may be ambiguity, as a gift or grant to my fon John, having two of that name, but this may be made good by an averment which John is meant. 47 E.3.16.b. 5 Co. 68. & Co. 155.

There

There are also other nominations or defcriptions, as by fome dignity, office, or the like; as the earl of Hertford, lord treasurer, and the like : And this will admit of a defcription made good by reputation, though not by truth; as land will país even by conveyance to one by the name of fon, who is a baftard, by the name of wife, who is not fuch, if he or she be fo reputed, or known by that name. 27 E. 3. 85. Co. Litt. 3. b. 6 Co. 65. a. Hob. 32. Hob. 32. 1 E. 3. 19. 39 E. 3. 24. 27 E. 3. 85.

A conveyance was made to Rodolf Evers knight lord Evers, to avoid which it was alledged, that at the time when this conveyance was fo made he was not known and reputed by the name of knight; but per all the judges, the conveyance was good; for where a thing was fo granted to one, by fuch a name as that, he could not be intended to be another perfon, this was good without any chriftian name expreffed ; and as the cafe here was but one lord Evers, and therefore the other addition of knight though falfe, yet did not take away the defcription of the true perfon to whom the conveyance was made. 1 Bulft. 21. Cro. Fac. 240. f. 2.

But the fafe way in the cafes of common perfons is, to name the par ties, grantor or grantee, &c. by their names of baptifm and furname. Co. Litt. 3. a.

For where a grant intends to defcribe the perfon of the grantee by his proper name, and omits or mistakes his christian name or furname; commonly the deed is void, unless there be some special matter to help it.

And yet if the grant does not intend to defcribe the grantee by his known name, but by fome other matter, there it may be good, by a defcription of the perfon without either name of baptifm or furname. As uxori 7. S. Primogenito filio. Seniori puero. Omnibus filiis or filiabus, J. S. &c. Co. Litt. 3. a.

A bishop, by the name of bishop of London, may take without any other name. Co. Litt. 3. a. Perk. $55.

A grant to 7. S. or 7. N. is void for incertainty; and a delivery of the deed to one of them will not make it good. 11 II. 7, 13. Perk. § 56.

If I be known by the name of Edward Williamson, and my name is Edward Anderfon, and lands are given to me by the name of Edward Williamfon, this is a good name of purchase. Godb. Cafe 17.

Leon.

If a deed be made by or to Joan B. by the name of Jane B. or to Jane by the name of Joan, it is good, for they are one name. Cafe 204. Sed cont. if they were feveral names. Ibid.

If a man marries, and has children called by his name, and after he is divorced from his wife, yet the children by that name may have or take. So one that has a child before marriage ufually called by his name. 6 Co. 65. (a)

And

(a) J. had iffue by W. before marriage, A. and afterwards married W. and made a feoffment in fee, and took back an eftate to himself for lite, remanere inde Agnetæ fil præd. J. et W.; and agreed that it is a good remainder without any averment that he was known to be their daughter. In which it is to be obferved, that, although by the common law he was not

And fuch things as pafs by livery, as land, &c. notwithstanding the deed of feuffment be made of that by a contrary name of baptifm of the feoffee, it is a good feoffment, if livery of feifin Le made by the feoffor unto the reoffee; and it takes effect by the livery, and not by the deed. Ibid.

If one gives me a horfe by word, and makes a writing of the gift, either by a contrary name of baptifm of him or me; this gift by word is good, but by deed is void. Perk. § 42.

So where land was given to a man and to Margaret his wife, and to the heirs of their two bodies, and her name was Margery, but livery of feifin was well executed; this was held good, and that the wife and her heirs should inherit accordingly. 2 Bul. 303. 1 H. 5, 8.

So if a deed of grant be to W. and Emme HIS WIFE, and her name is Emelin; Bro. Name, 9. or to ilfred Fitz-James, by the name of Etheldred Fitz-James. Bro. Confirmation 30. Quare, for book

is cont.

If a grant be to Ro. earl of Pembroke, for Henry; or to Jo for George bishop of Norwich; thefe are good grants. Co. Litt. 3. a.

A grant Deo, et ecclefie of fuch a place, is not good at this day; becaufe there is not a perion named that can take by force of this grant. So a grant to the churchwardens, without more, (b) or to three or four of a parish, not naming whom, or to one of the fons of W. who has many fons, is void for incertainty. Perk. § 55, 55, 31. 8 Co. 155. 11 E.

4.2. a.

A grant to the wite of 7. S. or primogenito filio, or to the fecond fon, or to the youngeft fon, or feniori puero, or omnibus filiis, or filialus 7. S. or omnibus literis J. S. or omnibus exitibus J. S. or to the right heirs of 7. S. (if F. S. be not then Nving, for if he be, it will be void, for there is not any fuch perfon) (c) or to the next of blood of S. In thele cafes the grants that are made to perions by these words may be good, for the perfon is well enough defcribed. Bro. Donne 17, 50. Fitz. Donne 1. Co. Litt. Perk. § 52, 55, 56.

37 H 6, 50.

3. a.

So a deed or grant to the inhabitants or parishioners of D. (d) or to the commoners of fuch a waffe, or to the lord or tenants of fuch a manor, is not good, Co. Lit. 3, 10. Cont. Bro. Donne 17,

50. Corpor. 77

their daughter, yet because he had colour by the ecclefiaftical law, which five, quod jahlguns matrimonium tollit peccatum precedins, this colour is fufficient, in cafe of a conveyance, to make the remainder good. 6 Co. 65. 41 E 3. 19. a

(b) Cont. if to the churchwardens of fuch a church, without naming of their names. Perk. $55.

(c) But if a rent charge be granted to 7. S. during his life, the remainder in fee to the right heirs of T. K. or leafed for life, the remainder to the righ heirs of J. R. and the deed is delivered to tenant for life, the remainder is good conditionally, viz. if T. C, and T. R. be dead when the remainders fall and leave heirs, they are good, otherwife not. Perk. § 52.

(/). The diftinction feems to be between a gift of perfonal effects, and a feonment, grant, or leafe in fee for life or for years. Vid. Bro. Tit. Donce 50. Fenf. ab ufes. 29. 12 H. 7. 28.

So

So to the lord and his tenants bound and free.

Vid. Perk. § 52, 55.

12 H.7, 28. 37 H. 6, 30.

Yet churchwardens may take a gift of goods for church or

poor.

fon.

A grant to the father and his fon, without any other defcription of Father and him, although he has but one fon, yet it is good. Cro. El. 10. Quare, where no fuch cafe there.

6 Co.

A grant to John Holt, who is a baftard, ufually called by that name, Bastard. is good, in cafe of the king or fubject's giant. Co. Litt. 3. a. 65. a. 3 Leon. 69.

So to 7. H. fon of 7. H. who is fo in reputation only, is a good name of purchase. Ibid.

But if any fuch grant of the king or fubje&t be to him by the name of John the fon of Thomas, without a furname, it is not good if he be a baftard. Ibid.

One may not purchase by a christian name only; if one therefore gives land to T. Gray his fon, by him begotten on the body of 7. 0. and in truth T. G. is a baftard, of the donor's begetting, begotten upon 7.0. whofe name was not Jane Onwell, but Jane Funt, but used to be called and known by that name; this is a good gift or grant by fuch name, or by her right name. 3 Leon. fol. 49.

Puer may be a good name of purchafer for a male or female; and yet if it be no ways cleared to the contrary, it shall prima facie be taken for a fon. Hob. 32.

A grant to 7. S. wife of W. S. whereas fhe is fole, is good.

A grant to one of the children of W. not naming or defcribing which child, is void for incertainty, (b) Bro. Donne 31. 11 E. 4, 2.

But to the first fon of W. without more addition, and W. has two fons, this is certain enough, and a good grant. Perk. $54. But if a grant be to him or her that fhall be the first child of 7. S. and he has no child at the time of the grant, it is void. Ibid.

So if a grant be made to the wife or child of 7. S. when there is no fuch, it is void. As where a grant is to J. S. and to his first born fon; or to 7. S. and her that fhall be his wife, and at the time of the grant he has neither wife nor fon; in thefe cafes the grant is void as to the wife and fon, and F. S. fhall have all, by the grant (c) 1 Co. 100. b. 101. a. Perk. $ 52, 54. for the rule is, that if an eftate be limited to two, the one capable and the other not capable, he who is capable shall have the whole. 17 E. 3. fol. 29. 18 E. 3. 59.

If a leafe be made for life, the remainder to the mayor and commonalty of B. and there is no fuch corporation, this is not good. And although the king do after create fuch a corporation, this will not make it good.

So a remainder limited to John the fon of 7, S. who has no fuch fon at that time, but afterwards has fuch a fon; this is not good.

(b) Quare, if . has but one-et nota in the cafe referred to, the gift failed on the beir fuggefting that there was no fuch perfon as W. Vid. 11 E. 4. pl. 2.

(c) Sel note, if a man makes a feoffment in fee, to the ufe of himself and his wife that shall be, and afterwards he marries, his wife shall také jointly with him. Lord Pawlet's cafe. Dyer 340. Eut the whole vefied at first in the bufband. I Co. 101.

A grant