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[001] remains or one has heirs.1 But if all die without heirs, the whole will revert to the
[002] donor.2 If the gift is made simply to the concubine and her heirs, and she is legitimate
[003] and has heirs, [for example], a brother or sister, nephew or niece, or more
[004] remote heirs who are included in the gift, she may well enfeoff her children, one or
[005] several, together or in succession, [and such gift will be good] as long as there are
[006] heirs who can warrant her gift, as in the case of land given in maritagium. But if she
[007] has no heirs, her gift will be ineffective and the thing will revert [at her death] to her
[008] feoffor. 3When the concubine and her children are enfeoffed together and, all being
[009] together in seisin, are ejected, all will recover together by an assise of novel disseisin,4
[010] to be held in common. [And so if some are ejected, by a stranger or a parcener.]5
[011] If they die, their heirs will recover by mortdancestor, each his portion.6
[012] If their mother, the concubine, who was in seisin in the name of all her children,
[013] dies first, and in the absence of the children the chief lord puts himself in seisin and
[014] refuses to restore it to them, the assise of novel disseisin lies for them in the name of
[015] their mother, whether they were in seisin before or not, [not by the assise of mortdancestor,
[016] 7because she was in seisin in their name as procuratrix8 though they were
[017] never personally in seisin,] since possession was acquired for them by their mother
[018] as by a procurator or procuratrix,9 10<or [they may recover] by a writ drawn
[019] according to the modus of the gift, as [in the roll] of the eyre of Martin of Pateshull
[020] in the county of Hereford in the fifth year of king Henry, at the end of the roll.>11
[021] A gift may be made to men of religion just as to others to whom a gift may be
[022] made, and to jews as well as christians, unless the modus of the gift is to the contrary,
[023] that is, that the donee may give or sell the thing to whomsoever he wishes
[024] except men of religion and jews.12 And that it may not be given to such persons
[025] as it may to others neither reason nor necessity provides, only the modus of the gift.
[026] A gift may be made to several persons of whom some may take and some may not,
[027] and hence the gift will be good with respect to some and invalid as to the others, as
[028] where a husband



Notes

1. Infra 95, iii, 272

2. Ibid.

3. New paragraph

4. Infra 96

5. Infra 96, iii, 32, 140

6. Reading: ‘Si decedant successive’; ‘quidam illorum partem suam’

7-8. ‘quia [for ‘quae’] nomine eorum . . . procuratrix,’ from lines 18-19

9. Infra 95-6

10. Supra i, 374

11. Not in B.N.B.; no roll extant: Selden Soc. vol. 59, xi.

12. Supra 50, infra 142, 145


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