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502. An assize comes in the husting to declare whether Thomas son of Adam de Basinges, uncle of Henry, son of Henry le Waleys and of Joan daughter of William de Hadestok, was seised in his demesne as of fee of 2 marks rent with appurtenances in the parish of St. Andrew Holeburne on the day on which he died and whether [Henry and Joan are the next heirs]. This rent is held by Richard de Stanes goldsmith who previously came to the husting and vouched to warranty Ralph de Pelham parson of the church of St. Michael in Bassieshawe who is not of the liberty of the City, but a stranger, so that the plea was respited until the coming of the justices. Ralph comes and freely warrants Richard. He says that Henry and Joan can claim no right in the tenements by hereditary descent from Thomas because Thomas in his will proved and enrolled in the hustingl according to the custom of the City bequeathed them to Ralph, so he seeks judgment. Henry and Joan say that Thomas could not bequeath the rent to anyone because his father Adam bequeathed it to Thomas to hold of himself and the heirs of his body and he died without issue. They say that through their guardians they sued in the husting and produced there Adam's charter of feoffment and that by judgment of the husting the will was annulled in this respect, so the rent cannot and should not remain with Ralph. Ralph cannot deny this. Therefore it is adjudged that Henry and Joan recover seisin and Ralph is in *mercy. [cf. 517]
[Nota] 112. Quoddam placitum super assisam mortis antecessoris [cf. 524 no. 112].
I. C. Wills, i, 23-4. |