Bruses Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 80 E.R. 598
COURT OF WARDS, AND OTHER COURTS AT WESTMINSTER
7 jacobi eegis hillary. bruses case. Thomas Bruse, seised in his demesne as of fee of lands worth 101. per annum, holden of common persons, and of 2001. per annum in speciall tail to him, and the heirs males of hia body ; and for default of such issue, the remainder to William Bruse brother of the said Thomas, and to the heirs males of his body, with the like remainder to the third, fourth, fifth and sixth brother, the reversion in fee expectant to the right heirs of the said Thomas Bruse; Thomas Bruae dies without issue male, leaving two daughters within age, an office is found after his death, and descent of the feo-simple lands in possession to the said daughters, and of the reversion of the intailed land expectant upon the said limitations, and a tenure in capite by knights service onely of reversion descended, the wardship of the said daughters, in respect of the descent of the reversion is granted by the King for the fine of 101. and their lands in possession holden of common persons, leased by the Court of Wards during their minority for a fine of eight pounds, after that, William Bruse the tenant in tail, in possession dies, having issue John Bruse, his sou and heir male, an office is found after his death, and a like tenure in chief found, of the land descended to the issue in tail, as was before of the reversion, the wardship of the said issue in tail is granted by the King for a tine of 2001. and the lands leased by the [19] Court for a fine of during the minority, the heirs generall accomplish their full age, the heir male being yet in ward, and of the age of ten years, or thereabouts. COLES CASE 599 Question. Whether the Kings Majesty by his prerogative, shall have the wardship, livery and primer seisin of the issue in tail, and of the heir in reversion at one time, and in respect of one tenure, and if not, how His Majestity shall determine his election'{ Whereupon it was resolved by Flemming, Coke and Tanfield, upon mature deliberation, that the King being intituled to the wardship of the heirs generall in right of the reversion in fee, and having seised and granted the same, when afterwards the tenant in tail dieth, and lands being holden of that reversion descend in possession to the issue in tail, the King was intituled to the wardship of the issue in tail, by cause of ward, and so the King is to enjoy both the wardships. But as touching...
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