168 



MAXIMS OF THE LAW. 



remitter, is, if he be once in of the freehold without any 

 laches : as if the heir of the disseisor enfeoffs the heir of 

 the disseisee, who dies, and it descends to a second heir, 

 upon whom the frank tenement is cast by descent, who 

 enters and takes the profits, and then the disseisee dies, this 

 is a remitter, causa qua supra. 



Lit. pi. 3. 6. Also if tenant in tail discontinue for life, and take a sur 

 render of the lessee, now he is remitted and seised again by 

 force of the tail, and yet he cometh in by his own act : 

 but this case differeth from all other cases; because the 

 discontinuance was but particular at first, and the new 

 gained reversion is but by intendment and necessity of law ; 

 and, therefore, is but, as it were, ab initio, with a limitation 

 to determine whensoever the particular discontinuance 

 endeth, and the estate cometh back to the ancient right. 



To proceed from cases of remitter, which is a great 

 branch of this rule, to other cases : if executors do redeem 

 goods pledged by their testator with their own money, 

 the law doth convert so much goods as doth amount to 

 6H. 8. pi. 3. the value of that they laid forth, to themselves in pro- 

 D y* P er ty, and upon a plea of fully administered it shall be 



allowed : and the reason is, because it may be matter of 

 necessity for the well administering of the goods of the 

 testator, and executing their trust, that they disburse money 

 of their own : for else perhaps the goods would be forfeited, 

 and he that had them in pledge would not accept other 

 goods but money, and so it is a liberty which the law gives 

 them, and they cannot have any suit against themselves ; 

 and, therefore, the law gives them leave to retain so much 

 goods by way of allowance : and if there be two executors, 

 and one of them pay the money, he may likewise retain 

 against his companion, if he have notice thereof. 

 3 l-:iiz. 187, But if there be an overplus of goods, above the value of 

 P 1 - 6 - that he shall disburse, then ought he by his claim to de 



termine what goods he doth elect to have in value ; or else 

 before such election, if his companion do sell all the goods 

 he hath no remedy but in spiritual court : for to say he 

 should be tenant in common with himself and his com 

 panion pro rata of that he doth lay out the law doth reject 

 that course for intricateness. 



29 H. 8. pi. So if I. S. have a lease for years worth twenty pounds by 

 ^- &quot;fine. the year, and grant unto I. D. a rent of ten pounds a 

 52 F. vear &amp;gt; an d after make him my executor; now I. D. shall 



Rec. in be charged with assets ten pounds only, and the other ten 

 value 23. pounds shall be allowed and considered to him : and the 

 reason is, because the not refusing shall be accounted no 



