in an immaterial point ; and the prefumption is againft its having been made before. ibid.
Sheriff's deed of fale, under a Ven.Exp read in evidence, though not recorded; the acknowledgment in court, and the regiftering of it in the Prothonotary's office, being a fufficient recording within the act. 68
Deed date beƒore, but not recorded ’till aƒter a fheriff's deed, allowed to be read in evidence. 69
The Court hinder the reading a deed under feal ; but what ufe will be made of it is another thing. ibid.
J.V. devifes lands unto him eldeft fon A. in fee rail, with remainder in fee to all his other children ; and
afterwards by deed “ in confideration
“ of natural affection he gives grants,
“ &c. fully, freely, abfolutely, and
“ clearly, the fame premifes, to her fon
“ A. V. together with all the rights,
“ titles, intereft, claim, and demand
“ whatfoever, which he then had in
“ the faid granted premiffes, or any
“ part thereof, Habrendum unto him
“ only the faid A.V. without any
“ further condition, &c.” Adjudged 1ft. That this deed is a covenant to ftand feized to ufes: 2d, That fince the ftat of 27 H 8. c. 10. no inheritance, in a covenant to ftand feized to ufes, or other deed to ufes, can be raifed, or new eftate created, without the word heirs : and 3d, That there are no words in this deed, technical or relative that can raife a fee, fo that A.V. had only an eftate for life in the premifes. 137
See Partners. Evidence. Deviʃe. Covenant. Mortgage.
DEVISE.
Devife to the firʃt heir male oƒ J.S. when he fhall arrive at the age of 21 years, he paying to A. and B. the daughters of J.S. Ł 40 cash : After the devifor's death J.S. had a fon, who attained the age of 21, and paid his fifters the Ł40 each : Adjudged that the teftator's intent was that the firʃt ʃon of J.S. fhould take the eftate. 4
Devife to truftee, to the intent, that aƒter my wiƒe's deceaʃe, or in says ʃhe ʃhall merry, they fhould fell, and divide the money arifing from the fale among the teftator's children, when they feverally attained the age of 21 years, or were married : Adjudged, that this was a (illegible text) legacy in one of the teftator's children, who attained the age of 21 married, and died interftate, and without iffue, in the liƒe time oƒ the widow, who never had married again, but after whofe death, the truftees fold. 8
“I devife the refidue of my eftate to J.P. during the term of his natural life, and it he leaves lawful iffue, then I give my real eftate unto fuch iffue : But in cafe of (illegible text) dying without iffue, or they dying under 21 when I devife all my real eftate unto A. J. his heirs and affigns, on condition that he, or they, pay, &c.” Adjudged, that J.P. took an eʃtate faid which was forfeited by his attainder. 47
The word {{illegible|text}being ufed among the difabilities to which non jurors are fubjected by the act of Affembly, a non-juror is incapable of deviʃing lands. 170
Devife of lands to the teftator's fon John, when he arrives at the age of 21 years, to hold to him, his heirs, and affigns forever, is a veʃted devife ; and in cafe of the death of the fon inteftate, under age, unmarried, and without iffue after the death of his father his mother furviving him, the eftate devifed fhall not go to his eldeft brother as the heir at common law, but he diftributed equally among his brothers and fifters. 20. 175
T.B begins his will, “And as to what wordly eftate I am bleffed with, Idifpofe of as followeth :” and then, he devife, 1ft, “ To his fon J. B. a houfe and plantation where the teftator then dwelt, &c. to have and to hold unto the faid J.B. his heirs and aʃʃigns ƒorever, he paying,&c.” 2dly, “ To his wife M a certain piece of land, bounding, &c. Alfo, he gave his wife one third of fuch moveable eftate as fhould remain after the payment of his debts, funeral expences, and legacies, which ʃhould be in lieu oƒ her dower or thirds of his eftate : and 3dly, after bequeafting fome legacies, he directs his houfe and land by the mill to be fold by his executors: Adjudged, that the wife M had only an eftate for life in the piece of land devife to her. 226
See Deed. Will. Dower. Interʃtate.
DISCONTINUANCE.
The Court refufed to allow the nominal Plaintiff to difcontinue an ac-
tion,
