| 1443.118 |
1443 |
|
Formedon |
Nota |
| all the Justices |
Strangwish |
James |
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John
R., son of John
W., son of R. & father of plaintiff |
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| Brooke Formdon 37 (not in margin) |
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| Nota, que fuit dit per Touts les Justices en Formedon porta per James Strangwish, que quand le descent est fait per |
9 |
(Plaintiff counted his descent from his greatgrandfather, but only made himself heir to his father.
Defendant pleaded that plaintiff's father was not seised by force of the gift.
All the Justices said that plaintiff must make himself heir to he who last was seised by force of the tail.) |
all the Justices: when the descent is made by such 'form of the gift', the right descended etc. to John as son and heir to him, and from John to R. as son and heir, and from R. to W. as son and heir, and from W. to him (James Strangwish) as son and heir, and made himself heir to W. his father and to no other, even though W. was not seised by force of the gift, but some of the others by whom he had made conveyance were seised, the writ is good, and cannot be abated because (per cause que) he had made any of them heir to another: but if the writ be thus, and from the donee the right descended to John as son and heir, and from J. to R. son of John, and from R. to W. son of R., in this case he must make himself his heir to he who last was seised by force of the tail.
Thus note the distinction
And in Formedon in the reverter, he must only show that the donee died without heir of his body, even though 20 were seised after his death |
Note
Descent
Form
Gift
Right
Son
Heir
Father
Seisin
Force
Conveyance
Good Writ
Abatement
Cause
Last Seised
Tail
Fee Tail
Distinction
Formedon in the Reverter
Reversion
Donee
Body
Heir of the Body
Death |
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