The King’s tenant by knight’s service in capite, gives his land to A, for life, the remainder to B. in tail ; he in remainder dies, his heir within age ; afterwards tenant for life dies ; this heir shall be in ward to the King, if the King will. This case is so abridged by Fitz. title (Gard, 57. Br. Abridging this case, title Gard., 4, cites the remainder to be in fee to B with which which. 37 H. 8, 26, agrees. See the statute of 34 E. 3, ch. 15, it seems to me, that thi: King shall not have the wardhip of this heir, for the reversioner is tenant to the King. The bishop of Durham, who has jure regalia, in such case could not have the forfeiture for treason of the land of such tenant in tail, for he was not his tenant: and the statute of Westm. 2, de donis, divides the estate tail from the reversion, and makes them two estates ; and binds the King : and before the said statute of Westm. 2, de donis, and the statute of Quia emptores terrarum, the King’s tenant might infeof another to hold from him, and so deprive the King of his antient tenant in demesne. And though the alienation was without licence, this was not material ; for, by the statute of 1 K. 3, ch. 12, this alienaition shall stand, and is only finable.
Citations:
[1220] EngR 453, (1220-1623) Jenk 88, (1220) 145 ER 63 (B)
Links:
Land
Updated: 15 May 2022; Ref: scu.461365