coke b sir george curson case pasch James in the court of ware where a man be  seize of a reversion in fee hold in capite expectant on a estate tail which he  have make to r his son and covenant to stand seize of the say reversion to the  use of his niece and afterward r die without issue it be hold the king shall  not have primer seize SC Cro James in the great case in the court of ware this  term between sir Geo Curson knight and his wife defendant in a information ex  part John Leveson knight and between sir Jo Leveson plaintiff and sackville  Esq and mary his wife defendant it be resolve by the two chief justice and  chief baron upon argument and view of precedent that where sir Walter Leveson  be seize of a reversion in fee hold in capite expectant on a estatetail which  he have make to Richard his son he by indenture in consideration of blood do  covenant to stand seize of the say reversion to the use of mary his niece see  daughter and heir apparent of the lady Curson sister of the say sir Walter and  afterward sir Richard Leveson the son die without issue that in this case the  king shall not have primer seize by the statute of and Henry and that depend  upon consideration and construction of the word and purview of the say statute  which in effect be every person have any manor land c hold in capite c shall  have full power and authority to give dispose will or assign by his last will  in write or otherwise by any act or act coke report a er p lawful execute in  his life two part of the same manor land c in three part to be divide c to and  for the advancement of his wife preferment of big child and payment of his  debt or otherwise at his will and pleasure save always and reserve to the king  our sovereign Lord the custody wardship and primer seize or any of they as the  case shall require of as much as shall amount to the clear yearly value of the  three part c then it be in consideration how the law stand concern wardship  and primer seize in this case before the statute of and h and it be resolve  that by the statute coke a of a e c   light a Inst a Marlb de haec who  birthright feoffare solent it be collusion apparent to feoff big old son for  without question every one will to prevent the lord of his ware feoff his old  son if the give of big land to he to who the land will descend by the  commonlaw will serve in such case the same law and the same reason if the  tenant feoff his collateral heir apparent as it be also say and not deny in  Plowdens Com in partridge case a also provision be make when the tenant feoff  other upon collusion c which be averrable but it be doubt whether b   a b b  collusion can be aver upon particular estate as a estate for life or in tail  and it be hold clear that no collusion can be aver when upon a estate for life  or in tail the remainder or reversion be limit or leave in another h h b so  when a c   light a   b c stranger be join with the heir although the  inheritance be limit to the heir of the heir and that the stranger have but  for term of life as it be agree in e collusion h b so it be take that if Inst  beneficiary and use have devise big use by his will no collusion can have be  aver upon a will for no one prsumitur be immemor sum tern health maxim in  point of time death all things d   b a a   b d will death consummate be and  therefore the statute of h c which give the wardship of beneficiary and use  make a exception when any will be by he declare vide h so if the father have  feoff another either for the advancement of his daughter or his young son or  for payment of his debt and afterward to feoff big heir it be not any e   a    light a   b e collusion for he be bind to provide for they and therewith agree  h b h b vide mich Elizabeth die Elizabeth Elizabeth Elizabeth man f dyer pl    b Brownl   b f then second it be resolve that as the stat of h give benefit to  the subject to have power to make a devise of his land by big last will in  write so by the save it give benefit to the king in the say three case see  advancement of his wife preferment of his child and payment of his debt in g    a   light a g none of which case the king as it appear before shall have  benefit of ware or primer seize before this statute and it be to be know that  these word in the say purview of the Act or otherwise at his will and pleasure  any law statute custom or other thing to the contrary thereof notwithstanding  have reference arid relation only to last will and not to act execute and that  for two reason it be necessary to add those word to will for otherwise none  can have devise two part but only either for the advancement of big wife or  preferment of big child or payment of big debt coke b and it be not the  intention of the Act but that he may devise two part to who he will so that a  three part descend but it be in vain to refer those word or otherwise at big  will and pleasure to act execute for he may do that without any authority or  power give he by the Act et when a light Rep a appoint to bear back to be able  ad two res ita quod secundum reference to standard One vilatur secundum alian  useful be tunc to make be reference to standard ad that ut to be strong this  ut to be strong disposition always ita fiat relation attitude these late word  do likewise illustrate it see any law statute custom or other thing for no law  do restrain a man by act execute to convey his coke report a er p land to who  he will by act in his life but the law and general custom of the realm do  restrain man to devise land to any unless it be by some special b   light b b  custom in some particular place and that appear by several statute and act of  parliament so that the say word or otherwise c have such conclusion refer only  to last will also in the three article of h of explanation it be declare that  all person hold any land in chief c have and by authority of this present  parliament shall have full and free power c to give dispose c to any person c  by his last will or otherwise by any act lawful execute in his life two part  of his land c at his free will and pleasure omit to word of h know advancement  of his wife preferment of his child and payment of his debt but do not take  away the Act of h as to the say three particular case in which ware and primer  seize be bythe save give to the king but all other case be explain  notwithstanding these word or otherwise by the say Act of h it be resolve that  the say save of ware and primer seize in the say Act of h shall have relation  only to act execute and not to will for always in statute relation shall be  make accord to the matter precedent for the Act give the owner of the land  power by his will to devise but two part so that the three part ought of  necessity to descend and in such case the king shall be assure of the wardship  or primer seize of a three part but in the case of deed execute he may convey  all and therefore it be needful to add the say save as to that but the save  extend only to one of the say three case before particular mention which as  have be say give great benefit to the king more than he have before and so as  to this purpose to make act deed execute in equipage with will and there be  great reason to provide for the say three case because they be ordinary and  usual and every man by the law of God of nature and of nation be bind to  provide coke a a competent live for his wife his child and for the payment of  his debt and if the say word or otherwise shall refer as well to act execute  as to will and shall give wardship and primer seize to the king not only in  the say particular case but in all other then if any one convey his land to  the use of his c   light b a a   a jenk cent Cr Elizabeth Poph Goldsb more  roll Noy Anders c bastard or to a mere stranger or any consideration  whatsoever it will be within the say which have oftentimes be resolve and  adjudge to the contrary vide mich and Elizabeth dyer d dyer pl   b d Elizabeth  and Elizabeth e dyer pl   light a   e and therefore the opinion in e Br  testament testament be utter deny by all unless it be intend that it be give  to a stranger by deed execute to one of the say three purpose or upon  collusion it be resolve that if there be a   light a a grandfather father and  diverse son and the grandfather in the life of the father convey his land to  any of the son it be out of the say Act of h for it be not common nor usual et  b   light a Inst   b   a calvin case carter b ad she queen often to fall upon  jura adapta and the father ought to have the immediate care of his son and  issue but if c   light Cr James c the father be dead then the care of they  belong to the grandfather and then if he convey any of his land to any of the  say son it be within the say statute but it be resolve clear that a voluntary  conveyance to the use of any of his d   light a Cr James before b d collateral  blood who be not his heir apparent be not within the say Act for none can  intend that he will disinherit his heir on purpose to take away the wardship  from the king when every one hope to live till the age of his heir much less  to defeat he of the primer seize and if other construction shall be make the  say three example and the name of his child will be vain if the Act shall  extend to every other of the blood and accord to this coke report b er p  resolution in the principal case the experience of the court of ware have  always be and a great number of subject who be now in peace will be vex and  molest if the common receive opinion shall be now change and accord it be  resolve in the court of ware in sir Roland hill case in Matthew e Cr James e  draper case mich Elizabeth and diverse other and so the doubt in dyer  Elizabeth f dyer pl f in modies case and Elizabeth dyer in g dyer pl   a    light a roll Goldsb   b g Knivertons case c well resolve a Vid note to the  Lord Darcys case ante   b and note a and e to buller and baker case   b b a