Wilson against Armorer
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1685 |
| Date | 01 January 1685 |
| Court | Court of the King's Bench |
English Reports Citation: 84 E.R. 405
COURTS OF KINGS BENCH
76. wilson against armorer. trin. 21 car. 2, eot. 351. Ante 642, pi. 74. Exception. Levins pro plaintiff; The feoffment is to the trustees of a manor, excepting the lands in question for life of the feoffer, onely habendum to the feoffees in fee to the use of himself in tail, the remainder in fee, which remainder he agreed no assets, but the seisin of the two acres being a fee is, and the exception is good, and the words for life void, being in due place before the habendum, and but of a particular out of a generalty, but 2 Eoll. 61, a surrender not to take place; and 3 Cr. 269, a grant of reversion with livery uot to take place till after the death of the lessee, are good present grants, and the latter expository words void, but an exception is properly to con troll the grant, and 1 Anderson 52, pi. 129, an exception pro usu proprio leaves it to be used by any body, 2 Cr. 358, and Moor 958, pi. 950. Poph. 47, & 2 Anderson 46, & 3 Cr. 344, pi, 16, & 2 Roll. 7 & 788, Collards and Collard was agreed that the words, stand forth, amount to a livery, albeit it could not be a feoffment presently, nor a covenant to stand seis'd for want of a deed, and this made the conveyance void. Turner Serjeant pro defendant; that the exception is void, because the grantor, 38 H. 6, 38, Park. 705, cannot reserve a lesser estate to himself than he had ; so Com. 156, but he agreed a man may except part of the land, not of the estate, Roll. 455, also in a feoffment to uses an exception for life is good, not so in a feoffment at common-law; the Court agreed the reservations or savings nothing to the cases of exception; also per Raynsford, albeit the exception be void, yet the use is thereby left out of all to the feoffer; and Frowyard and Boyer, an exception for an hour was held by all the justices for ever in a feoffment, but of uses may be temporary in a reference out of C. B. which the Court agreed prater Twisden who held the exception one intire sentence, and wholly void. Et adjornatur.
English Reports Citation: 84 E.R. 419
COURTS OF KINGS BENCH
[667] 30. wilson against armorer. Ante. Heir. In debt on obligation against the defendant as heir, special verdict on riens per dis. find the ancestre seised in fee infeoft J. S. of the manor of Preston excepted, and reserving to the feoffor for his life onely two acres habetid' before excepted to feoffees...
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