Volltext : Zeitschrift der Savigny-Stiftung für Rechtsgeschichte / Germanistische Abteilung (Bd. 33 (1912))

126

Georg Frommhold,

given sh all revert to the Giver or his Heir: In case als»
where one giveth Lands in free Mariage, which Gift hath a
Condition annexed, though it de not expressed in the Deed
of Gift, which is this, That if the Husband and Wife die
withont Heir of their Bodies begotten, the Land so given
shall revert to the Giver or his Heir: In case also where
one giveth Land to another, and the Heirs of his Body
issuing; it seemed very hard, and yet seemeth to the Givers
and their Heirs, that their Will being expressed in the Gift,
was not heretofore, nor yet is observed: in all the Cases
aforesaid, after Issue begotten and born between them, to
whom the Lands were given under such Condition, heretofore
such Feoffees had Power to aliene the Land so given, and
to disherit their Issue of the Land, contrary to the Minds
of the Givers, and contrary to the Form expressed in the
Gift: And further, when the Issue of such Feoffee is failing,
the Land so given ought to return to the Giver, or his Heir,
by Form of the Gift expressed in the Deed, though the Issue,
if any were, had died: Yet by the Deed and Feoffment of
them, to whom Land was so given upon Condition, the Donors
have heretofore been barred of their Reversion, which was
directly repugnant to the Form of the Gift: Wherefore our
Lord the hing, perceiving how necessary and expedient it
should be to provide Remedy in the aforesaid Cases, hath
ordained, That the Will of the Giver, according to the Form
in the Deed of Gift manifestly expressed, shall be from
henceforth observed; so that they to whom the Land was
given under such Condition, shall have no Power to aliene
the Land so given, but that it shall remain under the Issue
of them to whom it was given after their Death, or [shall
revert] unto the Giver or his Heirs, if Issue fail [whereas]
there is no Issue at all, or if any Issue be [and fail by
Death, or Heir of the Body of such Issue failing]. Neither
shall the second Husband of any such Woman, from hence-
forth, have any thing in the Land so given upon Condition,
after the Death of his Wife, by the Law of England, nor
the Issue of the second Husband and Wife shall succeed in
the Inheritance, but immediately after the Death of the
Husband and Wife, to whom the Land was so given, it shall

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