Cranmer, Archbishop of Canterbury's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1794 |
| Date | 01 January 1794 |
| Court | Court of the King's Bench |
English Reports Citation: 73 E.R. 699
King's Bench Division
3DYER,309b. EASTER TERM, 14 QUEEN ELIZABETH 699 cranmer, archbishop of canterbury's case. C. makes a feoffment to the use of himself for life; and after his decease to the use of his executors, and assigns for twenty years, remainder over, and afterwards is attainted of treason, and dies intestate, without assignment. The crown shall not have the term, for C. had no interest in ifc to forfeit; but if he had not been attainted, his executors should have had it by purchase. (76) The reversioner in fee of a lessee for term of years, in the i And. 10. \ fifth year of Ed. 6. granted the reversion in fee by deed indented -j E^U; | . I tripartite to the use of the grantor himself for the term of his life Ben. 11. j" without impeachment of waste, and after his decease to the use of [Bend. 207.]] the executors and assigns of the grantor for the term of twenty years next ensuing after the death of the grantor. And afterwards the grantor is attainted of treason, by an act of parliament made in the first year of Queen Mary, [ses. 2. c. 16.] and by the act all his lands and tenements, goods and chattels which he had to his own use, are forfeited and given to the Queen, and vested in actual possession without office. Whether the term of twenty years be forfeited and vested in the Queen; so that after the death of the Ante, i.iOa. Co. Lit.34 grantor, who died intestate, and without making any assignment, pi.18oil.16co'41; ;, i^'i!.' and no administration committed because he died attainted, the 1 And. 2M. Ron. 11:1. Queen may grant and have the term 1 this was the question on i Ro. Ah. 912,14. demurrer in [309 b] ejedione fa-nue, after the expiratiotl of the first l Ra Hep' SL term. (77) And it seems that the term is not forfeited. First, it seems that the intent and meaning of the maker was not ever to i Co. 134 i . 3 Cro. ess, have the term in himself, for by the words, he has not reserved, or ^Hawk p c 03s ] expressed, or limited the use of the term of years to himself, as he perk, 704. 7 e. 3, la. i has done of the fee-simple of the use after the mention of the tail; ^pfi(i^7Dj'-l5 b' MlltL for there he has expressed "to tJie use, of himself, tJie feoff or, and of Ids heirs." And there is no other donor or feoffbr in the case but him- [A man cannot reserve a self; and his own reservation or limitation of the use shall be taken i^^Sf"!^ most strong against himself, since he has departed with a larger he pans ith tUe whole, , . -I j ,1. .. c ò t a-i-p i i and retakes that less estate before, s. the entire tee-simple. And if a man make a lease estate by way of use.] for life, remainder to himself for term of years, remainder over in fee, this is void to himself; but if it be to his executors, that may be good, if he make executors, and die before the lessee. And here Mar. isfi i . i h. 5, a i . two several uses are twice expressed, and in the plural number, .s. to 5a Ass' " the use of the feoffor for term of his life, and after his decease to the use of his executors and assigns. And also the feoffees are put in i go. 13-1. 40 e. 3, at. trust, as well to the use of the...
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