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[001] than he himself holds it of his feoffors and chief lords, and that his heirs are bound
[002] to warrant if they have acknowledged his charter or it has been proved, is stated
[003] [in the roll] of the eyre of Martin of Pateshull, of the pleas of divers counties reserved
[004] for judgment in his eyre in the third year of king Henry, [the case] of the Master
[005] of the Knights Templars in England.1 If one in his last will gives his land and his
[006] body to some religious house and then dies seised thereof the gift will be ineffective,
[007] unless confirmation by the heir follows,2 which cures all defects,3 and thus if after
[008] confirmation the heir claims by assise [of mortdancestor], an exception [based upon]
[009] the confirmation will bar him, though at first sight it may seem that a confirmation
[010] is void where the preceding gift is judged invalid.4 But if he makes the gift three or
[011] four days before he dies, or before he passes over into religion, and gives seisin
[012] to the religious house, the heir cannot avail himself of the assise of mortdancestor
[013] for recovering seisin, because his ancestor did not die seised, and [because] it is
[014] made a free tenement at once, since right and seisin are conjoined,5 as [in the roll]
[015] of the last eyre of Martin of Pateshull in the county of York.6

A gift may be made to several together, and at the same time, just as at different times and successively.


[017] A gift may be made to several legitimate children7 in succession, as was said above,
[018] or to them all together,8 [all may be of full age or all within age or some within age.
[019] 9If all are within age the donor must give them all a tutor, for he himself may not be
[020] their tutor lest he seem to continue his seisin,10 nor can a minor consent to a gift
[021] without his tutor's authority.11 If they are all of full age the tutor's authority is unnecessary,
[022] since each is sufficient for himself. If some are within age and some not and
[023] the donor so wishes, those of full age may be [made] the tutors of the minors, provided
[024] there is no suspicion that they intend to plot their death. Such suspicion is absent
[025] where the gift is made to a father or mother and their legitimate children; it would
[026] be otherwise if it were to a brother, [that is], to an uncle and nephews,12 because of
[027] the right of accruer.] but when one of them dies without an heir, quaere whether the
[028] decedent's portion ought to accrue to the survivors or revert to the donor for lack of
[029] heirs. In truth it neither13 reverts to the donor nor goes to the survivors by right of
[030] accruer, but by right of succession,14 for since they are legitimate each may be the
[031] heir of the other, [though that would not be so of bastards,



Notes

1. Selden Soc. vol. 59, no. 202 (Gloucestershire eyre, 5 Hen. III; judgment given at Westminster); not in B.N.B.

2. Glanvill, vii, 1: ‘Posset tamen huiusmodi donatio in ultima voluntate alicui facta ita tenere si cum consensu heredis fieret et ex suo consensu confirmaretur.’

3. Supra 49, 51, 78, infra 99

4. Infra 173-4

5. Infra 123, 124

6. B.N.B., no. 1876; no roll extant

7. Supra 70, infra 195

8. The words ‘et heredibus suis’ are necessary

9. ‘Et’ but ‘Ut’ in all MSS.

10. Supra 54

11. Supra 51-2, 56, infra 136, 250

12. ‘avunculo et nepotibus’

13. ‘nec’

14. Supra 54, 76, infra 95, iii, 272. Br. seems to be assuming two male heirs only


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