AALT Home             The Statute of Uses before the Statute of Wills


Edward Donne of Horsendon knight and Anne his wife v. Thomas Jones of Horsendon armiger alias Thomas Jones of Llangattock and lately of Abusteith in Wales : Trinity term, 1540



AALT Images: 0788, 0789, 1975, 1976





Donne v. Jones is an action of covenant based on an indenture concerning a marriage negotiation. The arrangements required Donne to have his lands in a use that would eventually go to his daughter’s issue in fee tail. The interesting aspect to the arrangement was that Donne provided that, if he should have male issue thereafter who survived him, the arrangements for his daughter would then be void and the male issue would then take. That characteristic would make the male issue’s interest seem like what would later be called an executory interest. On the other hand, the male issues interest would not become possessory immediately on that issue surviving Donne; the prior life estate in Jones would continue until such time as Jones had been able to levy a certain sum from the lands, so that on the survival of male issue to Dunne, Jones’s life estate became determinable. Unfortunately, the dispute really concerned not those provisions but the mis-statement by Jones of the value of his lands that were put in fee tail. Conceivably the whole arrangement was thrown into disarray by the Statute of Uses; the defendant, Jones, emparled here for more than a year.



[IMG 0788] Buckinghamshire. Thomas Jones lately of Horsendon in the abovesaid county armiger otherwise called Thomas Jons of Llangattock and lately of Abusteith in Wales armiger was summoned to answer Edward Donne knight otherwise called Edward Donne knight of Horsendon in the county of Buckingham and the Lady Anna his wife concerning a plea that he hold to them the covenant made between them according to the form and effect of certain indentures made between them etc. And wherefore the same Edward and Anna by Thomas Chalfount their attorney say that, whereas by a certain indenture made at Horsendon on July 12 in the 21st year of the reign of the now lord king [July 12, 1529] between the same Edward and the Lady Anna his wife on the one part and the aforementioned Thomas Jons on the other part–the other part of which signed by the seal of the same Thomas the same Edward and Anna here in court proffer, the date of which is on the same day and year–it is attested that, whereas a marriage was had and solemnized between the abovesaid Thomas Jons and the lately deceased Elizabeth the daughter and heir of the said Edward Donne, and also whereas the abovesaid Thomas Jones had issue, 2 daughters Anna and Frances still living legitimately procreated from the body of the said Elizabeth, and also whereas the abovesaid Thomas Jones paid to the aforementioned Edward the sum of 200 marks for the marriage to the said Elizabeth, and whereas George Lord Hastings and divers others recovered by writ of entry sur disseisin in the post against the said Edward Donne the manor of Horsendon and all other his manors, messuages, lands, tenements, and hereditaments in the county of Buckingham, which certain recovery was had to the use of the said Edward and the Lady Anna for the considerations abovesaid and other great urgent causes moving them, they by that indenture covenanted and granted to the said Thomas Jones that the said recoverers, their heirs and assigns thence into the future would stand and be seised of the premisses to such uses and intentions as in the future would be specified and declared, viz.,

First: the said Lord Hastings and his co-recoverers, heirs and assigns thence forwards would stand and be seised of the premisses to the use of the said Edward Donne and the Lady Anna his wife for the term of their lives and of the one longer living, without impeachment of any waste, and after their decease to the use of the said Thomas Jones for the term of his life, and after his decease to the use of the heirs of the body of the said Elizabeth legitimately procreated, and for default of such heirs of the body of the said Elizabeth legitimately procreated to the use of the right heirs of the said Edward in perpetuity and for the performance of his last will;

 

and also the said Edward and the Lady Anna by the abovesaid indenture covenanted and granted to and with the said Thomas Jones that they before the feast of the Nativity of the lord next following after the date of the abovesaid indenture would make or cause to be made to the said George lord Hastings, John Bruges knight, Richard Vaughan knight, Richard ap Griffyth armiger, John Verney son and heir of Ralf Verney, sr., knight, John Cheyny armiger; Robert Cheyny armiger; Ralf Verney armiger son and heir of Ralf Verney of Pendeley, Walter Vaughan armiger, George Herbert armiger, Leonard Chamberleyn armiger, George Rawleyh, Paul Darrell, Lodomor ap Thomas, John Wogan, Francis Verney, and Henry Cadhern and their heirs a good and sufficient and lawful estate in fee simple of and in such manors, lands, tenements and [IMG 0789] hereditaments with appurtenances in the Principality of Wales as now are in possession or in use in the said Edward and the Lady Anna and whereof they receive the profits be it by fine, feoffment, recovery, or otherwise as will be advised by the learned counsel of the abovesaid Thomas Jones then exonerated from all prior bargains, sales, jointures, dowers, uses, wills, judgments, statutes merchant, statutes Staple, recognizances, executions, and all other burdens and encumbrances whatsoever they be, the rents and services to the chief lords of the fee or fees owed then into the future only excepted, to the uses and intentions following, viz.

To the use of the abovesaid Edward and the Lady Anna for term of their lives and of the one of them living longer without impeachment of any waste; and after their death to the use of the said Thomas Jones for term of his life; and after his death to the use of the heirs of the body of the said Elizabeth legitimately procreated; and for default of such heirs of the body of the said Elizabeth legitimately procreated to the use of the right heirs of the said Edward and his heirs and to the performance of his last will; provided always and it was covenanted and agreed that if it should happen that Edward Donne have any male issue legitimately procreated from the body of the Lady Anna who should happen to survive him and the said Lady Anna, then the said uses and intentions concerning the premisses above declared and appointed both for the said Thomas Jones for the term of his life and after his death to the use of the abovesaid heirs of the body of the said Elizabeth legitimately procreated and each of them will be wholly void and of no effect, the same indenture or anything contained in it to the contrary notwithstanding. And if it should happen that the said Edward Donne have male issue by the body of the said Lady Anna legitimately procreated, the same Edward covenanted and granted that then immediately after the death of the same Edward and the Lady Anna the male issue then [IMG 1975] surviving, that then the abovesaid Lord Hastings and his co-recoverers, their heirs and assigns will stand and be seised of and in each of the premises in the abovesaid Wales and of and in each said manors, lands, and other premisses in the county of Buckingham to the use of the abovesaid Thomas Jones, his heirs and assigns until the same Thomas, his heirs, executors or assigns should levy and take to his or their proper uses rents, issues, and profits then coming and growing from the premisses in Wales abovesaid and from the said manors and other premisses appointed to the use of the abovesaid Thomas Jones for term of his life in the abovesaid form 300 marks of the lawful money of England beyond and over all burdens; and if it should happen that the abovesaid Edward Donne have male issue legitimately procreated from the body of some other woman whom he should happen thereafter in the future to take as wife after the death of the abovesaid Lady Anna, the said Edward covenants and grants that then immediately after the death of the abovesaid Edward, his male issue thus legitimately procreated from the body of some other woman than from the abovesaid Anna surviving him and being then true heirs of the abovesaid Edward and of no other, that then the abovesaid Lord Hastings and others abovementioned with him, their heirs and assigns will stand and be seised of and in each of the premisses in Wales abovesaid and of and in each of the said manors and other premisses before appointed to the use of the said Thomas Jones for term of his life to the use of the said Thomas Jones, his heirs and assigns until the abovesaid the abovesaid Thomas Jones, his heirs, executors, or assigns have, levy, and receive to his or their proper uses rents, issues, and profits then coming and growing from the premisses in Wales abovesaid and of the said manors and other premisses in the county of Buckingham the true and clear sum of 400 marks over all manner burdens; and the abovesaid Thomas Jones covenanted and granted by the abovesaid indenture that the abovesaid George Lord Hastings and all the other persons named above at the time of the making of the abovesaid indenture being seised in their demesne as of fee of and in every part and portion of the manor of Llangennith within the lordship of Gower in the Principality of Wales and of and in all other messuages, lands, and tenements, rents, reversions, and services with their appurtenances in the town of Llanelly in the lordship of Kidwelly in the said Principality of Wales, and also of and in all those messuages, lands and tenements, rents, reversions and services in Llangattock and also of and in all those messuages, lands, rents, reversions, and services with appurtenances in Lanynidebery with all and singular messuages, lands, and tenements situated and being within the town of Treswellond in the county of Cardigan with appurtenances in the said Principality of Wales, which part and portion of the abovesaid messuages, lands, tenements, and other premisses in Wales at the time of the making of the abovesaid indenture were of the inheritance of the abovesaid Thomas Jones and of the annual value of £40 would thence into the future stand and be thereof seised to the use and work of the abovesaid Thomas Jones and the heirs of the body of the abovesaid Thomas Jones and Elizabeth late his wife legitimately procreated, and for default of such issue then to the work and use of the right heirs of the abovesaid Thomas Jones in perpetuity as by the same indenture it more fully appears.

And the same Edward and the Lady Anna say that although they fulfilled all and singular covenants, grants, and agreements specified in the abovesaid indenture to be fulfilled and kept on the part of the same Edward and Anna according to the form and effect of that indenture, nevertheless the abovesaid Thomas Jones although often asked [did not keep] the abovesaid covenant in this that the abovesaid part and portion of the manor of Llangennith within the lordship of Gower in the Principality of Wales and of and in all those messuages, lands, tenements, rents, reversions, and services with their appurtenances in the town of Llanelly in the lordship of Kidwelly in the said Principality of Wales and also of and in all those messuages, lands, and tenements, rents, reversions, and services in Llangattock and also of and in all those messuages, lands, and tenements situated and being within the town of Treswellond in the county of Cardigan with appurtenances in the said Principality of Wales of the inheritance of the said Thomas Jones are not and at the time of the making of the abovesaid indenture were not of an annual value of £40 and thus the abovesaid Thomas Jones did not keep but rather broke the abovesaid covenant to the same Edward and Anna and has refused to keep it to them and still refuses, wherefore they say that they are worse off and have damages to the value of 500 marks, and thereof they produce suit etc.


         [IMG 1976] And the abovesaid Thomas by Richard Bydwell his attorney comes and denies force and injury when etc., and seeks license to emparl thereof here until on the morrow of All Souls, and he has it etc. The same day is given to the aforementioned Edward and Anna here etc. At which day here come the parties, and thereon the abovesaid Thomas further seeks license thereof to emparl here until on the Octaves of St. Hilary and has it etc. The same day is given to the aforementioned Edward and Anna here etc. At which day here come the parties etc., and thereon the abovesaid Thomas further seeks license thereof to emparl here until fifteen days after Easter and has it etc. The same day is given to the aforementioned Edward and Anna here etc. At which day here come the parties etc., and thereon the abovesaid Thomas further seeks license thereof to emparl here until on the morrow of Holy Trinity and has it etc. The same day is given to the aforementioned Edward and Anna here etc. At which day here come the parties etc., and thereon the abovesaid Thomas further seeks license thereof to emparl here until on the Octaves of St. Michael and has it etc. The same day is given to the aforementioned Edward and Anna here etc.