coke Report1a Vernon case mich and Elizabeth see in re Bolton estate Ch p SC  dyer pl n bendl pl SC Leon not S p SC cite ace jenk pl Ch Cas Mod j ld raym  two salk taunt marsh atk atk Swanst bro c c Inst I l two e three I f sheep  touch wood Conv wood Conv Bl Com Sugd pale yellow use Cru dig v sand use n  Fonbl Tr Eq n n wood press be coke report a er p and edit press Conv Sugd vend  Sugd pow mad Ch and edit vin Abr accord a pl condition S c pl devise g a pl  dower g pl Q pl Q pl estoppel a pl jointress and jointure a pl h pl I pl  statute e pl uncertainty pl Com dig accord a b assize b baron and feme S dower  e Bac Abr accord b assize a discontinuance d dower b d f jointure a b f  release h statute I use b h see the note and reference infra in a writ of  dower the tenant plead that the husband of the demandant be also seize of land  in the same county which he have convey to the use of himself for life  remainder to his wife for life and aver that the estate for life so limit to  the demandant be for her jointure and in full satisfaction of her dower and  that after the death of her husband she have enter into the land so limit to  her for her jointure and a reed to it the demandant reply and confess the  conveyance by which she take a estate for life but say that the estate be upon  condition that she shall perform her husband will and demand judgement if the  tenant shall be admit to aver that this estate so limit to the wife upon the  say condition be for the jointure of the wife and in satisfaction of her dower  upon which the tenant demurrer in law hold saint that by the rule of the  commonlaw a right or title of freehold or inheritance can not be bar by  acceptance of any collateral satisfaction but only by release or confirmation  or some act tantamount and that a estate limit to the husband for life  remainder to the wife for life be a good jointure for the case in the statute  be propose only as example and though the letter of the Act and especial the  word jointure therein imply a joint estate yet this limitation be within the  intent of the Act it be equal beneficial to her rd that although the estate  limit to the wife be upon condition whereas dower in lieu of which the  jointure be give be a absolute estate for life yet as it be a estate for life  it be within the Act if she accept it after the death of her husband that that  if a jointure be before marriage the widow can wave it and claim dower as she  may when make after marriage that that although the estate of the wife be upon  express condition to perform the will which import a consideration of make the  estate vet it may be aver to be for her jointure for the one consideration  stand with the other and though not express yet may be aver in case not within  the statute the widow take the estate and dower also circumstance requisite to  make a good jointure a limitation to the husband for life remainder to b for  life or to the use of a for life remainder to the wife for life be no jointure  though a die live the husband so of a estate to the wife for the life of  another a estate to husband and wife and the heir male of their body or to the  wife during her widowhood or in fee be good jointure but on eviction of a  jointure in fee the widow shall be endow for life only a limitation to a woman  in satisfaction of part of her jointure be no bar a general devise can be aver  in lieu of dower unless so express in the will nor can a devise be aver to the  use of another than the devisee unless there be express word a Act late make  may be within the equity of a statute make long since the widow bring a writ  of dower and judgement thereupon be a waver of a jointure after marriage in a  writ of dower a bring by mary Vernon against John Vernon Esq of the manor of  Sudbury in the county of Derby the tenant plead that her husband be also seize  of certain land in the same county in his demesne as of fee and by deed indent  thereof feoff sir Thomas Gifford knight and other and their heir a the writ of  dower be now out of use the dowress be entitle to a preferable remedy by bill  in equity as to which see Inst I n ten Fonb Tr Eq I mad Ch two ED coke report  b er p to the use of himself for the term of his life without impeachment of  waste and after his decease to the use of the demandant then his wife for the  term of her life and after her decease to the use of the right heir of the  husband and aver that the say estate for life so limit to the say demandant be  for her jointure and in full satisfaction of her dower and that after the  death of her husband the demandant enter into the say land so limit to her for  her jointure and agree to it to which the demandant reply and confess the say  feoff and the limitation of the use sure to the use of the husband for his  life without impeachment of waste and afterward to the use of the demandant  for her life but further say that the limitation to the wife for life be upon  condition that she shall perform the last will of her husband and show all the  will in certain in which diverse thing be to be perform by the demandant and  demand judgement if the tenant shall be admit and receive to aver that this  estate so limit to the wife upon the say condition be for the jointure of the  wife and in satisfaction of her dower upon which matter the tenant demurrer in  law and in this case five point be resolve saint that by the rule of the  commonlaw a right or title which any one have to any land or tenement of any  estate of inheritance or freehold can be bar by acceptance of any manner of  coke Report1b a collateral satisfaction or recompense b as if a seize b tenant  for life or in fee of the manor of dale and afterward give the manor of sale  to b and his heir in full satisfaction of all his right and action which he  have in or for the manor of dale which b accept yet b may enter into the manor  of dale or recover it in any real action c for a right or title of b freehold  or inheritance can be bar by any collateral satisfaction but by release d or  confirmation or a act which tantamounts and therefore it be common say in our  book that c accord with satisfaction be a good plea in personal action where  damage be only to be recover and not in real action I vide h a   light b   b  roll Rep Doct plan Brownl dyer pl see n b infra and the book there cite b as  to the rule that a freehold right shall do be barred by collateral  satisfaction Doctr Plac Inst b two Swanst Sugd pale yellow use Bl Com Cru dig  press be and edit vin Abr accord a pl condition dower Q pl Bac Abr accord b  dower d f jointure a Com dig dower e infra n e ED c S p Swanst n ED b   light  b   b roll Rep brown die pl vin Abr condition S c pl Bac Abr dower f and see  the book cite in n b sup d if a husband make a lease for life and die the wife  may release her right of dower to he in reversion though she have no present  cause of action against he Inst a two and the reason be because she can  recover her dower against the lessee for life without bind his reversion  ibidem n h ED c   b a h cro Elizabeth cro James see n e infra e Acc Peytons  case post   Grimes v Blofield cro Elizabeth Swanst n Inst two pale yellow use  rd edit Bl Com Cru dig Com dig accord a but in detinue for charter concern a  freehold and inheritance a accord be a good plea e post   so in waste against  a lessee for year though in the tenet because a chattel only be to be recover  n bendl more post   wear down   so a accord with satisfaction be a good plea  in a ejection strong for a ejectment include a trespass and they be so  interweave that they can be sever and in all action which suppose a wrong v I  et arms where a capias and exigent lie at commonlaw there a accord be a good  plea post   Brownl Brownl godb accord and satisfaction may be give in evidence  under the general issue paramour v Johnson ld raym Mod Esp Rep I Tidd prac  Chit plead and it be seldom plead except as a sham plea for delay id ibidem as  to accord and satisfaction in general see post   Bac Abr accord and  satisfaction Com dig accord ED coke report b er p c and that be the reason  that no collateral satisfaction or recompense make to the wife in satisfaction  of her dower be any bar of her dower by the commonlaw f but dower ad ostium  church or ex assent father conclude her of her dower d if she enter into the  land so assign after the death of her husband for the law allow they be make  in such form as the law require to be dower in law but if a man in  consideration of a marriage afterward to he have with a make a estate of  certain land to her for her life in full satisfaction of all the dower which  after marriage may accrue to her in any of his land and afterward they  intermarry that be no e bar of her dower at the commonlaw for two reason one  because she have no title of dower at the time of the acceptance of the  satisfaction but it accrue after second because no f collateral satisfaction  can bar any right or title of any inheritance or freehold as have be say and  thereby the doubt in e be well resolve so if the husband purchase or cause a  estate to be make to he and his wife for life or in tail in full satisfaction  of her dower and die that be no bar of her dower at the commonlaw causan how  above so if after the death of the husband the heir make a estate to the wife  for life of any land g whereof she be not dowable in full satisfaction of her  dower that be no bar of her dower vide the case now in the report of the Lord  dyer h mark send for and vide I e to know facias before the make of the  statute of h cap g the great part of the land in England be convey to sundry  person to use and forasmuch as a wife be not dowable of king use h her f see  ace Ch can pale yellow use rd edit Bl Com Cru dig vin Abr dower Q pl jointress  h pl Com dig dower e Bac Abr dower f jointure b release h but though a  collateral satisfaction be not pleadable at law in bar of dower yet acceptance  of a term of year or of a sum of money or of any other kind of collateral  satisfaction in lieu of dower be a good bar in equity Laurence v Laurence vern  Inst b I Eq Abr dower b Mod Carruthers v Carruthers bro c c see post a n ED d    light a b light sect e   light b Bac Abr dower f and see the book cite in d  f sup f   light b Bac Abr dower f and see n f infra g   light b h mark dyer p  e Sci Fac I   light b Perk sect dyer pl g as to the origin of jointure Bl Com  pale yellow use rd edit Cru dig Swanst n vin Abr jointress h pl Bac Abr use b  ED king dyer pl see n h infra and the book there cite h Acc and p wms atk Bl  Com pale yellow use rd edit vin Abr dower g pl jointress and jointure h pl Bac  Abr dower b use b so a woman at this day be not dowable of a trust estate of  inheritance whether the trust be create by the husband himself or by a  stranger chaplin v chaplin p wms bank v Sutton p wms attorney general v Scott  for SC Sugd vend that edit u Godwin v Winsmore atk burgess v wheat Bl Rep  Dixon v Saville bro c c nor will the husband have obtain a decree direct the  trustee to purchase and to convey to he the legal estate differ the case  gulston v gulston per master of the roll July Fonbl Tr Eq but a husband be  allow courtesy of a trust ante I p b n g Watts v ball I p wms so of money  agree to be lie out in land which in equity be consider as land SC Sweetapple  v bindon vern Cunningham v moody Ves chaplin v chaplin sup Casborne v inglis  atk a husband may be tenant by the courtesy although the rend be during the  wife life to be pay to her separate use Robert v Dixwell atk Pitt v Jackson  bro c c Sugd pale yellow use n and if by article previous to marriage a woman  grant to her intend husband during their joint life the interest of her money  and the rend of her estate to maintain the house c this do not abridge his  legal right coke report a er p father or friend upon her marriage procure the  husband totake a estate from his feoff or other seize to his use to he and to  his wife before or after marriage for their life or in tail for a competent  provision for the wife after the husband death then come the statute of Henry  which transfer the possession and estate of the land coke Report2a to the use  by which the husband be seize accord and by consequence if further provision  have not be make the wife will have as well their dower as their jointure for  the reason aforesaid and for this reason the branch concern jointure be add to  the say stat of h I and but he be entitle to courtesy both in such real estate  as she have at the time of the marriage and in what be subsequent acquire  Steadman v Palling atk in rial v Rowle Ves Lord Hardwicke observe that the  only case in which as to rule of property court of equity do not follow the  law be that a widow be not entitle to a dower out of a trust estate in what  case the widow shall be endow notwithstanding a trust term outstanding ante I  a n and the case there cite ED S be which it be declare that a woman have a  estate in jointure with her husband shall not be entitle to dower infra by a  subsequent clause the wife be empower to refuse a jointure assure during  marriage infra wiln Opin by the effect of this statute therefore no widow can  claim both jointure and dower jointure before marriage be a peremptory bar of  dower jointure after marriage she have a option to renounce Swanst Bl Com pale  yellow Us rd Edward vin Abr jointress h Bac Abr use b infra a jointure which  in common understanding extend as well to a sole estate as to a joint estate  with her husband infra a more v grice I Ch can be define to be a competent  livelihood of freehold for the wife of land or tenement c to take effect  present in possession or profit after the decease of her husband for the life  of the wife at least if she herself be not the cause of its determination or  forfeiture infra b Inst b a I bro c c as this statute contradict the commonlaw  it have always be construe strict and Lord coke lie it down that to constitute  a good jointure within the Act these requisite must concur saint it must take  effect immediate on the death of the husband id ibidem and the instance  propose infra   b and n p ib and it must be for the wife life or some great  estate a limitation to the wife in tail or in fee Inst b I dennis case dyer  infra b unless it be liable to be determine or defeat in the lifetime of the  wife without her act or default press be saint ed or to the husband and wife  and the heir male of their body duchess of Somerset case dyer infra   b be  good and so long as the estate be a freehold and be in quantity a estate for  her life it be sufficient though there be annex to the estate a collateral  limitation by which it may determine or be defeat by her own act or default in  her lifetime therefore a estate limit to the wife during widowhood or upon  condition be good if she accept it infra a press be it be now usual to limit a  rentcharge to the wife in bar of dower instead of limit the estate itself  which be find to be much more convenient both to the jointress and to the  remainderman who if he be tenant in tail may on his estate fall into  possession suffer a recovery without her concurrence see Carruthers v  Carruthers bro c c Simpson v Gutteridge mad Rep Cru dig rd it must be make to  the wife herself and not to any other person in trust for her Inst b I Herve v  Herve atk Bac Abr jointure b though it be now settle that a trust estate be a  good equitable jointure infra that it must be make in satisfaction of her  whole dower and not of part of it only infra Inst b two that it must either be  express or aver to be in satisfaction of her whole dower ibidem infra a and n  ten ibidem and that it must be make before marriage a estate settle on the  wife after marriage unless by Act of parliament may be wave by the widow after  her husband death but if she once accept of such jointure she be thereby bind  ante   a with respect to the person from who a jointure must come it be  sufficient that the wife have her estate either mediate or immediate from or  at the instance of her husband or any of his ancestor bridge case more ashton  case dyer coke report a er p therefore it be resolve that if this estate in  the case at bar limit to the wife be and with regard to the time of  commencement all that be require seem to be that on its limitation it will  commence on the death of the husband if it do not commence in his lifetime  press be in what case the widow take the estate and dower also infra a and the  note there in equity a trust estate a agreement to settle land as a jointure  or a covenant from the husband that his heir executor or administrator will  pay a annuity to his wife for her life in case she survive he in full for her  jointure and in bar of dower without express that it shall be charge on land  or in short any provision however precarious and whether secure out of realty  or personalty which a adult before marriage accept in lieu of dower be a good  jointure jordan v savage Bac Abr jointure b Drury v Drury or earl if buck v  Drury bro p c bro c c Wilmot Charles v Andrews Mod William v city Ves jun  Tinney v Tinney atk Carruthers v Carruthers bro c c estcourt v estcourt Cox  Simpson v Gutteridge mad Rep infant be within the statute and may be bar of  dower by a legal jointure Drury v Drury sup so a infant may be bar by a  equitable jointure provide it be competent and certain as certain as her dower  SC Carruthers v Carruthers sup smith v smith Ves clough v clough Ves Lecky v  Knox ball and b the principle upon which this doctrine proceed be that a  jointure be a provision man and not ex shrinking the consent of the intend  wife be not a circumstance require by the statute to render a jointure valid  bro c c n and therefore the intend wife need not be a party to the deed by  which the jointure be limit jordan v savage Abr Eq though it seem if she be  under her age she or her guardian must have notice of it Cru dig estcourt v  estcourt Cox atk with respect to the nature of the estate of a jointressIn the  case of a limitation in fee it shall seem she will have full power to dispose  of it as she please but in case of a estate tail she be restrain from alienate  or discontinue it by feoff fine or recovery ante three p b n p and where the  limitation be for life she can commit waste Basset v Basset finch cook v  Winford I ab Eq and a jointress be not entitle to the crop sow at the death of  her husband because a jointure be not a continuance of the husband estate like  dower fisher v Forbes vin pl a jointress be not liable to debt due to the  crown jenk Cru dig but she take her estate subject to prior encumbrance Ch can  and where the issue and jointress claim by the same settlement if there be a  prior encumbrance the jointress shall contribute and not lie the whole burden  on the heir carpenter v carpenter vern a jointress however be in several case  more favour in law than a dowress thus a jointure be not bar by attainder of  the husband for treason like dower though if the widow be attaint of treason  or felony she will lose her jointure Inst a I and n Q ib nor be a jointure  forfeit by elopement with a adulterer and that circumstance will not even  preclude her from obtain relief in equity Sidney v Sidney p wms Blount v  winter cit p wms Seagrove v Seagrove Ves a jointress will be relieve in equity  against a prior voluntary conveyance Douglas v ware I Ch can Martin v Seamore  ib and the court will set aside a term for year in favour of a jointress  though it will not do so in favour of a woman entitle at law to dower because  a jointress have a fix interest by the agreement of the party Prec in Ch and  if a husband covenant that the land limit in jointure be of a certain yearly  value and they afterward prove deficient the covenant will be decree to be  perform in specie speak v speak vern hedge v Everard Abr Eq Parker v Harvey ab  Eq bro p c Eustace v Keightley bro p c glegg v glegg ab Eq bro p c and that  jointress will not be prohibit from commit waste to make up the deficiency  Carew v Carew I ab Eq nor will the neglect of a marry woman during the  coverture prevent the court of chancery from assist her in case her jointure  prove deficient Fothergill v Fothergill ab Eq nor be she bind to deliver up  the title deed tower v davis vern unless upon her coke report a er p not  within the say Act of h that by the commonlaw it be no bar of the demandant  dower but that she shall have both king second it be resolve that if a man  make a feoff to the use of himself for life a and afterward to the use of his  wife for her life for the jointure of his wife that such estate in remainder  be within the intent of the say Act of h l for although the statute express  particular these have form to the husband and wife and to the heir of the  husband to the husband and wife and to the heir of their two body to the  husband and wife and to the heir of the body of one of they to the husband and  his wife for their life to the husband and wife for the life of the wife and  yet many other estate not there express be within this Act for the say  particular form be put but for b example and not to exclude any other estate  which be to such effect and agree with the intent of the maker of the Act and  although it be object that all the example express in the Act be of a joint  estate make to the husband and wife and none of they to the wife only nor by  way of remainder although by a proviso in the same Act it be provide that if  any wife shall have any manor land c unto her assure after marriage for the  term of her life or otherwise in jointure c so as the letter of the Act import  a joint estate and that this word juncture imply a joint estate m and that the  dower of woman be much favour in law n yet it be resolve that all be of one  effect as to the wife to limit a estate to the husband and wife for their life  c and to the husband for his life the remainder to the wife for her life for  the one estate be as beneficial to the wife as the other vide after the case  of d Ashton as to this point but it be resolve that the estate which by force  of this Act shall be in lieu and bar of her dower ought by the limitation  thereof to take effect e immediate after the husband death oh for it plain  appear by all the example express in the say Act sure that the estate of the  wife shall take effect immediate after the death of their husband and  therefore f no other estate not express in the Act shall be take by the equity  jointure be confirm ante I p b n and the case there cite a jointure can be  defeat by the husband unless his wife join he in a fine or recovery in which  case if the jointure be make before marriage she will be bar not only of her  jointure but of her claim to dower Inst b two dyer b Bulst pale yellow Us rd  edit Cru dig but a fine levy of a jointure make after marriage otherwise than  by Act of parliament will not bar the wife of her right to dower as to the  other land id ibidem and a devise be no bar to a jointure unless so express in  which case the widow have a election see infra a and the note there when a  devise or bequest be a satisfaction of a jointure Cru dig mad Ch infra n as to  the effect of a eviction see infra b and the note there ED king so in Inst b I  Lord coke say where the estate limit to the wife do not take effect immediate  upon the death of the husband in which case it be not within the statute the  widow shall take such estate and dower also ace Cru dig but queen whether a  court of equity will not confine her to one and compel her to elect which she  will have see Visett and London cit in jordan and savage Bac Abr jointure b  Inst b I infra a n ED a dyer pl see n l infra l S p Cru dig vin Abr jointress  h pl Com dig dower e and see the book cite ante p I a ED b light sect   light  a cro car Inst godb Yelv Swanst mad Ch and edit Sugd pale yellow use u Cru dig  vin Abr jointress h pl Com dig dower e m see atk ante p a n I and the book  cite there ED n ante p a n I Inst b I f n b f ED c dyer pl vin Abr jointress h  pl Com dig dower e Bac Abr jointure b ante p b n two d post b e   light b  infra n oh ante p a n I Bac Abr jointure b ED f hob coke report b er p of the  Act unless it have the same beginning for the benefit of the wife coke  Report2b as the example purport and therefore if the husband make a feoff in  fee to the use of himself for life a and afterward to the use of b for his  life and afterward to the use of his wife for life for her jointure it be not  within the Act although b die live the husband p so if the husband make a  feoff in fee to the use of a for his life b and afterward to the use of his  wife for her life for her jointure it be not within the Act although a die  live the husband for in these and other like case forasmuch as at the time of  the limitation of the estate they be out of the Act because it be not certain  that the estate of the wife will take effect immediate by the death of the  husband as it ought by the Act no subsequent event can make they within the  Act for c quod ab beginning non valet in dragging or pulling along time non to  recover et d who evil are begin beginning vix be ut good to thrust through  exit and therefore in all the say and the like case although the wife attain  to they and enter and take the profit yet she shall have the dower of the  residue for if the say Act do not bar her e the commonlaw as have be say  before will not conclude her in such case of her dower and the Lord dyer say  that it be adjudge in queen mary time that where the duke of Somerset purchase  land to he and to the duchess his wife and to the heir male of their two body  that although it be not any of the estate put for example in the say Act yet  it be adjudge that it be within the intent of it Q which case you may see in  the Lord dyer Rep I man f also the Lord dyer say that it be resolve in the  time of queen Elizabeth that where one Ashton t in performance of covenant of  a marriage to he have between his son and one a make a feoff to the use of n  for her life for her jointure and afterward they intermarry and the husband  die it be a jointure within the intent of the Act and yet all the five example  be of estate make to the husband and wife but in the say case of Ashton the  say a winch hut hut argument cro James Cawly   light b more side pale yellow  use rd edit Cru dig vin Abr jointress h pl Com dig dower e Bac Abr jointur br  I p and although after the death of the husband the wife enter yet this be no  bar of her dower but she shall have her dower also for if the Act do not bar  her the commonlaw will not Inst b two ace Sherwins case hut vin Abr jointress  h pl wiln Opin Mod Tinney v Tinney atk Com dig dower e Swanst but see n you  set so where a man covenant to stand seize to the use of himself in tail  remainder to his wife for life this be hold not to be a jointure because it be  to begin after the determination of a estate tail and though the estate  determine by the death of the husband without issue so that the wife estate  begin immediate upon the death of her husband yet as it be not a good jointure  at the beginning whatever happen afterward can not make it good wood v Shurley  cro James and see Carruthers v Carruthers bro c c Ves Cru dig pale yellow Us  rd edit so if a estate be make to the husband for life remainder to I S for  year reversion to the wife for her jointure or if a man make afeoffment to the  use of himself for life remainder to the son and his wife and the heir of the  body of the son these be not good jointure though the wife have a immediate  freehold for to be within the statute whereby dower be bar the wife must have  a sole property after the death of her husband Sherwells case hut winch pale  yellow Us rd edit ED b hob winch hut pale yellow use rd edit Cru dig vin Abr  jointress h pl Com dig dower e Bac Abr jointure b c hut Cawly   b   a   b   a  cro Elizabeth   Litt day a Bulst Bulst d Bulst   a   a e   light b vin Abr  jointress a pl ante p a and n king ib Q ante p a n I vin Abr jointress h pl  Com dig dower e l ED f dyer pl pl see n Q above dyer a b vin ab jointress h pl  coke report a er p estate be make before g marriage so that there be not any  husband or wife at the time of the make of the estate also the estate be only  to the woman where all the example be of a joint estate but all be of one  effect which case you may see m and Eliz dyer three it be resolve that  although the estate limit to the wife be upon condition and although dower in  lieu of which the jointure come at the commonlaw be air absolute estate for  life h yet forasmuch as a estate for life upon condition be a estate for life  it be within the word and the intent of the Act if the wife after the death of  her husband accept it r for it be agree that a jointure be a I competent  livelihood of freehold for the wife to take effect immediate after the death  of the husband for the life of the wife if she herself be not the cause of the  determination or forfeiture of it S and therefore if the husband coke Report3a  make a feoff in fee to the use of his wife a for another life for her jointure  it be not within the Act t for the estate be not for the wife life and it may  determine without her act or default during her life and thereby she will be  destitute of a livelihood but if a man make a feoff in fee to the use of  himself for his life and after to the use of his wife b durante widowhood svan  for her jointure that be a estate for her life and it can determine without  her own act and therefore it be a jointure within the say Act u the same law  of a estate make to the wife for her life upon c condition for if she do not  break the condition it be a estate to her for life and in the case at the bar  if the condition bind her to any unreasonable thing she may have wave it but  when she after the death of her husband enter and accept the conditional  estate for her jointure she be bar of her dower fourthly it be resolve that if  a jointure be make to a woman d before marriage after the husband death the  wife can wave it and take her dower as she may of a jointure make to her  during the marriage W and that by force of the say proviso the effect of which  be that if any woman have any manor land tenement or hereditament assure to  her e after marriage for term of her life or otherwise in jointure c that she  after the death of her husband shall have liberty to refuse it by which they  resolve that if the jointure be make before marriage that the intent of the  maker of the Act be that she shall not refuse but shall take such jointure as  be make to her vide the case of Ashton put before as to this purpose and it be  say if land be convey to a woman before f marriage for part of g ante I a more  die pl h Leon dyer pl Cr Elizabeth post a more n bend pl Bac ib jointure b r S  p pale yellow Us rd edit Cru dig ante p a n I and the book there cite infra a  and n e ib ED I   light b post a Bac Abr jointure b and see ante p a n I ED S  ante p a n and the book there cite bro c c ED a hob see n t infra t so though  it be for two or three life or for a hundred or a thousand year it be not a  jointure Inst b two Sugd pale yellow use rd edit Cru dig Com dig dower e Bac  Abr jointure b and see ante p a n I ED b die pl more post a see n u infra u  Acc dyer pl bro c c Inst I l press be first edit sheep touch wood Conv pale  yellow Us rd edit Cru dig vin Abr jointress h pl Com dig jointure r pl dower e  Bac Abr jointure b see ante p a n I ED c ante b Leon dyer pl cro Elizabeth  more vin Abr jointress king pl Com dig dower e Bac Abr jointure b ante p a n I  d   light b Plowd b infra n wonder W see ante p a n I Com dig dower e Bac Abr  jointure b ED e   light b a b Plowd b dyer pl b n c Goldsb Bac Abr jointure b  and see ante p a n I f   light b Cawly infra n ten coke report b er p her  jointure and after marriage more land be convey to her for her full jointure  and in satisfaction of her whole dower and afterward the husband die in that  case if the wife wave the land convey to her use after her marriage ten she  shall have the land convey to her before the marriage and her dower also in  the residue you for land convey to a woman g in part of her jointure or in  satisfaction of part of her dower be no bar for the uncertainty of any part of  her dower as if the debtor give the creditor a horse or any other thing in  satisfaction h of part of his debt it shall be a bar for no part for the  uncertainty z also the word of the Act be for the jointure of wife and not for  part of their jointure five it be resolve that although in the case at bar the  estate of the wife be upon express condition to perform his will which import  a consideration of the make of the estate yet it may be I aver to be for the  jointure of his wife a for the one consideration stand well with the other and  although it be not express in the deed yet it may be aver as the Lord dyer say  it be adjudge in the like coke Report3b ase between villiers a and Beaumont in  the time of queen mary which you may now see in his report and p and m and in  the case at bar the case be strong because the averment be give by the say Act  of h by the word in the Act for the jointure of the wife and in this case the  Lord dyer say that the case of e b Br dower be misreport for true it be that  it be resolve that a estate in feesimple convey to the wife be no jointure  within the statute but that be to be intend within the statute of c h which  restrain the alienation of woman which Act neither in the letter nor in the  meaning can be intend when a woman have a estate in feesimple b for to  restrain d such estate that it shall not be alien be repugnant ten what shall  be say a agreement or waver ante   a and n e ib Leon and Poph Goulds Com dig  baron and feme S Bac Abr jointure b ED you S p vin Abr jointress h pl Com dig  dower e Bac Abr jointure f and see ante p a n king ED g   light b vin Abr ess  pl Com dig dower e Bac jointure f and see n I ante p a h Doct pl above n you z  S p vin Abr uncertainty pl Com dig accord b ED I Owen   a b and Le and see n z  above a Acc the queen v Beaumont Inst b two pale yellow Us rd edit Bl Com n  Com dig dower e vin Abr jointress h pl Bac Abr jointure b since the statute of  fraud it have be make a question whether a averment can be admit that a  provision make for a wife previous to marriage be intend for a jointure see  Mod Tinney v Tinney atk but there be nothing in the statute of fraud exclude  averment and it be the receive opinion that whatever averment may have be make  before that statute may be make now see the book cite sup Cru dig ante   a I a  and two d and the book there cite Inst two e ED a more   a b n c n bend roll  Inst Owen raym bendl in kelw   a   a   a cart palm roll Rep b die pl b n c  dyer pl c Bridgm   light b   a see n a above and the book there cite b ace  Inst three f wood Conv n Com more cro Elizabeth Cru dig Bac Abr discontinuance  d so where the wife have a estate in general tail and the fee be limit to a  stranger without any limitation to the issue or heir of the husband it be not  within the stat h c for no estate be within that statute but what be for the  jointure of the wife and the intent of the statute be that the wife so prefer  by her husband shall not prejudice the issue or heir of the husband but no  such prejudice can arise in this case foster v Pittfall cro Elizabeth press  Conv d   light sect   light a b h b e a coke report a er p and against the  rule of the commonlaw and utter out of the letter and intention of the Act but  he say that ail estate in feesimple convey to a woman for her jointure and in  satisfaction of her dower be a jointure within the equity of the say Act of h  for that be a e competent livelihood to the wife of a estate of freehold to  take effect immediate after the death of the husband for all the wife life and  more b and the Lord dyer say it be so resolve in sir morris dennis case which  case be now report Elizabeth dyer f and he say that the reason report by brook  that a feesimple be no jointure within the say Act of h be because such  jointure be not mention in the statute but that be no reason in law for three  reason saint because the principal case at bar and diverse other case put  before be out of the word of the Act and yet be within the equity and intent  of the Act and it agree with the description of a jointure agree and resolve  before rd he say this estate in feesimple be within the express letter of the  Act for the word of the say proviso be for term of life or otherwise in  jointure which word otherwise extend to all other estate convey to the wife  not mention before in the Act which be as or more beneficial to the wife than  the estate beforementioned for all other estate which be as beneficial to the  wife or more as the estate mention in the Act be within this word otherwise  for notam this word otherwise be not indefinite but otherwise in jointure id  be for a jointure which be as much as to say otherwise have all the effect of  the incident to a jointure imply in the say five example or more and if a  estate for life in tail or feesimple be convey to the wife for her jointure  and after the death of the husband she be evict she shall recover her dower to  the value in the residue and shall have but a estate for life of what estate  soever her jointure be by a express proviso in the say Act of h c so that upon  eviction no great prejudice shall accrue to the terretenant if the jointure be  of any estate of inheritance than if it be but only coke Report4a for term of  her life and afterward judgement in the principal case be give against the  demandant note reader in the say case report by the Lord brook it be further  say that a devise a of land by the husband to the wife by will be no bar of  her dower d for it be a b benevolence and not a jointure per justiciar as it  be there report and that be good law if it be well understand and as to that  some have say that no estate devise by will can be a jointure within Doct and  Stud   b Br con h a h a Br prerog h a Plowd a h b   a hob e   light b ante b  see livre b b Acc pale yellow Us rd edit n Cru dig vin Abr jointress and  jointure I pl ante p a will I ED f dyer pl Cru dig vin Abr jointress and  jointure I pl c see ante three p a n I more Cru dig Sugd pale yellow Us n Sugd  vend Com dig dower e and the wife acceptance after the death of her husband of  a part not evict will not defeat her claim to a recompense for the part evict  Gervoyses case more pl and see bro c c where a jointure be convey to the wife  before the coverture and during the coverture the husband purchase other land  and alien they again and die and the jointure land be evict it be hold that  the wife shall have dower of the land which be purchase and alien by the  husband at the time when she be bar of her action of dower mansfield case Inst  a I but if there be a settlement of a rend charge upon a adult female before  marriage in lieu of dower a purchaser from the husband of other land than  those charge be not entitle to look into the husband title deed to see whether  he have a good title to the land out of which the rend charge be grant Simpson  v Gutteridge mad Rep ED a more r taunt sand Us d see n e infra ED b b n c dyer  pl post a sand Us taunt marsh livre coke report a er p h for two reason saint  that by the say Act of h the whole estate of the feoff be transfer to  beneficiary and use and per subsequent no land after the make of that Act be  devisable till the statute of h and therefore a devise of land which then by  the law can not be make can be within the say Act of h the other reason be  because every jointure intend within the Act of h be make and assure either  before or during the coverture as appear by the say Act but a devise take its  effect after the husband death but that neither of these be any reason in law  appear by the resolution follow mich and Elizabeth between leak and Randall in  the court of ware it be resolve by the two chief justice et tot cur that if a  man devise land to his wife for term of her life c general it can be aver to  be for the jointure of the wife and in satisfaction of her dower e for two  reason saint because a devise imply a consideration in itself f and therefore  as a devise can be aver to be to the use of another than of the devisee t  unless it be express in the will g no more can a devise be c   light b winch  Cawly ld raym Cru dig sand Us vin Abr jointress a Com dig dower e Bac Abr  dower f jointure b use h e at law a devise can be aver to be in satisfaction  of dower if the will be silent nor be parole evidence admissible to prove a  sum of money give in lieu of dower Finney v Finney will Rep but equity have in  some case imply a intention to bar the wife of her dower as well in a deed as  in a will and the wife have be decree to elect vizard v Longdale Kel Ch can  Tinney v Tinney atk S garthshore v Chalie Ves Inst I approve in strahan v  Sutton Ves couch v Stratton Ves Greatorex v caryi Ves foster v cook bro c c  but a widow can be put to a election except by express declaration or  necessary inference from the will that the testator mean she shall not take  both Arnold v Kemptstead Ambl Vittareal v Lord Galway Ambl bro c c d wake v  wake bro c c Ves jun Hitchin v Hitchin Prec Ch French v Davis Ves jun Tinney v  Tinney sup foster v cook sup strahan v Sutton sup brown v Parry dick  Birmingham v Kirwan Sch and Lef estcourt v estcourt Cox Thom pson v Nelson ib  Chalmers v Storrill Ves and b a devise to the wife of the residue of the  testator personal estate air v Willis Ves or a bequest of a annuity Greatorex  v caryi sup or a devise of all the testator real and personal estate in trust  in the first place to pay a specify sum to the wife Thom pson v Nelson I Cox  will not alone be construe as a bar of dower and though a testator have give  to his wife a provision express in bar of dower and bequeathe the residue for  object which can take effect the widow will not be put to a election Pickering  v Lord Stamford Ves and a mere gift to the wife of a large amount than the  dower be no bar of dower French v Davies Ves jun atk and it appear to be now  settle that a gift of a rentcharge to the widow issue out of the estate  subject to dower will not be a satisfaction of the dower Pearson v Pearson bro  c c foster v cook sup strahan v Sutton sup Greatorex v caryi sup Pitt v  Snowden cit Ves bro c c French v Davies sup and see press stand at a distance  and the widow shall in no case be oblige to make her election until she have  have a full knowledge of her right under the will Chalmers v Storril sup ED f  a better reason than this be that the whole of a will concern land must be in  write and no averment ought to be take out of the word of the will Laurence v  dodwell Lutw SC ld raym infra and see send for jenk pl Mod Inst b I Cru dig  sand Us vin Abr devise g a pl Bac Abr dower f in some case however as where  there be a latent ambiguity a averment support by parole evidence be  admissible to explain a will see post   b and the note there Inst two b ED  wood g that a devise of land may be by express word to the use of another than  the devisee Cru dig sand Us n Fonb Tr Eq and coke report b er p aver to be for  a jointure unless it be so express in the will el but as it be say in the say  case of e it shall be take for a benevolence and so be the say case of e to be  intend and the whole will concern land by the statute of and h ought to be in  write and no averment ought to be take out of d the will which can be collect  by the word contain in the will I but if a man devise land to a woman for term  of her life or in tail c for her jointure and in satisfaction of her dower it  be resolve that it be a jointure within the Act of h t for as a estate for  life make to a woman for her jointure before marriage when she be not his wife  be within the equity of the say Act so a estate for life devise to a woman for  her life which take effect after his death when the marriage be dissolve be  also within the equity of the say Act king for such estate well agree with the  intent of the maker of the say Act of h and with the say description of a  jointure make b the justice in the say case of Vernon and although land be not  devisable until h yet it be frequent in our book that a Act make of e late  time shall be take within the equity of a Act make long time before l as the  coke Report4b statute of marlebridge which be make year h give the wardship of  the heir of the tenant who hold by knight service notwithstanding a feoff make  by collusion at which time and for two hundred year and more after that be to  say until the statute of a h c which give the wardship of the heir of  beneficiary and use the heir of beneficiary and use be not in ware and yet it  be hold in h a b that if beneficiary and use after the statute of a h make a  feoff in fee by collusion to defraud the lord of his ware it be take within  the equity of the statute of marlebridge also the statute de gift conditional  make e as to the warranty of tenant in tail with asset be take within the b  equity of the statute of Gloucester cap make year e as it be hold in e garr  Stath and e b for formedon in discender be that such use will be execute by  the stat h c see Broughton v Langley ld raym cit h Fitzherbert devise more  side burchell v Durdant Ventr Bac Abr use h and see ante I p b n g and the  book there cite Popham v Bamfield vern pow Dev Fonb Tr Eq n ED h see n e sup d    a latch jenk cent cro Elizabeth more Bulst bridge godb light Rep hut arg  raym Leon f Mod Cru dig sand Us Bac Abr dower f jointure b I see n g sup post    a and the note there ED Cru dig sand Us king Acc Inst b Com dig dower e sup  n e ED e Plowd a b Inst godb Brownl cro Elizabeth Jones l Acc ld raym will Com  sand Us n Sugd pow vin Abr statute e pl Bac Abr statute I though a subsequent  statute may be comprehend within the meaning of a Act precedent as the statute  of h of will within the stat h of jointure yet that be when the latter statute  be within the same reason as the former per holt Ch I in sir William more be  case ld raym so a new interest create by a subsequent statute will be under  the same remedy as a thing in be before of the same nature lane v cotton ld  raym salk marsh so a custom extend to thing within the reason of it though  they have their origin within the time of legal memory the city of London v  Vanacker ld raym and see ante I p b g and the book there cite pow Dev Fonbl Tr  Eq n so it be a rule that statute make in acquire means be to be take together  in construction thus the bankrupt law the poor law the game law be respective  consider as make each so many separate system bravo dougl Barnard Ch Rep Ventr  ED a h ante I p b n p b Plowd a b   b n   light a Plowd a coke report a er p  give in lieu of a mortdancester so the statute of Westminster cap make e give  a certificate but give no adjournment but c adjournment be take by equity of  the statute of great Charta cap make h as it be hold h b so the statute of r  give assize in common boundary comitatus and d redisseizin take by equity of  the statute of Merton c make h vide I e b and Elizabeth dyer the bishop e of  London be one of the high commissioner by force of the Act of I Reg Elizabeth  be translate to the archbishopric of York yet his authority remain by force of  the Act make year I e cap and with this resolution f in leak case aforesaid  agree the case report by the Lord dyer ring Elizabeth a man seize of certain  land in fee hold in socage and of other land in tail hold in capite devise by  his will in write the three part of all his land to his wife in recompense of  her dower and die the wife enter into the three part of the land in feesimple  and it be resolve that it shall be a bar of her dower by the say Act of h in  curian wardorum note reader a good difference and all the opinion which seem  to disagree well reconcile know reader that by subtle and sinister counsel a  evasion out of the say Act of h as be intend be devise bow woman may have  jointure and dower also notwithstanding the say Act and the invention be such  one Christian m who be the wife of one Richard Melles of the county of Suffolk  have a jointure make of a house and certain land in Stoke Naylond in the  county of Suffolk to her husband and her and to the heir of the body of the  husband by one John Melles uncle of the say Richard which Richard be seize in  fee of diverse other land in the same town and afterward Richard die the wife  with certain of her friend of her confederacy in a secret manner enter into  the say tenement convey to her and claim they for her jointure and yet wave  the possession and bring a writ of coke Report5a dower to be endow of the  whole as well of that which be assign to her for her jointure as of the  residue of her husband land and tenement and have a full three part of the  whole account the land convey to her for her jointure to be parcel assign to  her by the sheriff for her dower not know the practice only out of the say  residue and when she have her dower then she open enter into the say house and  land convey to her for her jointure which be hold out by Thomas Purslow the  terretenant and afterward she marry one John sharp who bring a action of  trespass against the say Thomas Purslow for a trespass do June year Elizabeth  n the house and land convey in jointure and Purslow by the advice of one of  the Inner temple plead the feoff of the say Richard to he and justify to which  the plaintiff reply that before Richard have any thing the say John be seize  and give to her and her husband ut above to which the defendant rejoin that  the estate make to Richard and Christian be for the jointure of Christian and  that after the death of her husband and before the trespass she bring a writ  of dower against the defendant then tenant of all the land whereof her husband  be seize and demand the three part of all recover and have execution out of  the residue and aver that the house and land which be parcel of the land  convey to her for her jointure be no part of the land assign to her for her  dower to which the plaintiff surrejoined that the say Christian after the  death of her husband and before the writ of dower bring enter into the say  house claim it for her jointure to which the defendant by way of rebutter say  that to say that the say Christian after the death of her husband and before  the writ bring have enter they shall not be admit against the say record of  recovery in the say writ of dower upon which the plaintiff demurrer in law and  it be argue by the plaintiff c Fitzherbert Adjor Br Adjor Com dig assize b Bac  Abr assize a d Litt a Inst f n b b e dyer pl ante a g dyer pl hob m S p vin  Abr jointress and jointure h pl Bac Abr dower f jointure b ED coke report b er  p counsel that first this bring of the writ of dower can be any waiver of the  estate of the wife because by the entry of the wife she have agree to the say  estate and be actual seize and therefore she can afterward waive and divest it  out of her by the bring of the say writ of dower to which it be answer by the  defendant counsel that admit the wife can not waive it yet she may well bar  and conclude herself from claim the say estate and in this case be have a  estopped herself to claim any estate in the house and land in which c for when  she bring her writ of dower and have b judgement to have the three part of the  whole by that she affirm that she have only title of dower and per subsequent  no estate ergo she be estopped to claim any estate in any part of that whereof  she have demand by her writ to be endow as if the husband discontinue the wife  land n and die and the wife bring a writ of dower coke Report5b against the  discontinuee and recover the three part she be thereby estopped to bring a a  who in vita for by her writ of dower she claim title of dower only and thereby  she shall be estopped to claim any other right by a who in vita vide wonder e  double plea e to know facias f n b ass acceptance of dower by deed indent  conclude the wife of her right vide h b so if she have bring her writ of dower  to be b endow f the residue only and have recover her dower thereof she shall  be estopped to claim any estate in the say house and land so convey to her  although she have enter before for by the bring of her writ of dower to be  endow of the residue she have facile affirm that she have not agree to any  jointure make to her for then she can bring any writ of dower by the say Act  of h and if the law shall be otherwise great inconvenience will ensue which by  no industry or policy can be prevent as appear before and for these reason it  be conclude that the plaintiff be in any case conclude from claim the say  house and land which c quod to be concession per sir Christopher Wray chief  justice sir Thomas gawdy et totan curian notam reader simplicity be law friend  et c ninian fineness of texture injure to disapprove a roll vin Abr estoppel a  pl jointress and jointure h pl b Cr Elizabeth Leon Owen vin Abr estoppel a pl  jointress and jointure h pl ante three p a n wonder ED a Owen h a f n b b b  roll vin Abr estoppel a pl Com dig baron and feme S oh so a devise of land to  m his wife till p his daughter shall be and then to p in tail and if p fail  afterward to pay m the wife twelve pound a year in recompense of her dower  then she to have the land for her life m bring dower and recover a three part  and afterward p come to her age of hold that m have recover a three part for  dower shall not have the twelve pound rend by the will gosling v Warburton cro  Elizabeth pl SC dom Goodridge v Warburton owe SC nom gosling v Warburton Le pl  Acc vin Abr estoppel a pl as to the doctrine of election in the case of a  dowress ante p a n e ED c   b Bulst see Bl Com ch fol how dower may be bar or  pre vent note to the last edition see Inst a I and the note there ante p a d I  ED coke report b er p