the
request above mentioned. And this by the statutes ... And note,
that no averment can be allowed to the heir, that the said
consideration was false against the deed and acknowledgment of his
ancestor, for that would be to admit an inconvenience. And note
the limitation of the use above, for divers doubted whether the
feoffees shall have a fee-simple in the sue, because the use is
not expressed, except only "to themselves (by their names) for
ever;" but if those words had been wanting, it would have been
clear enough that the consideration of seven thousand pounds had
been sufficient, &c. for the law intends a sufficient
consideration by reason of the said sum; but when the use is
expressed otherwise by the party himself, it is otherwise. And
also the warranty in the deed was "to them, their heirs, and
assigns, in form aforesaid," which is a declaration of the intent
of Wilkes, that the feoffees shall not have the use in fee simple;
and it may be that the use, during their three lives, is worth
seven thousand pounds, and more &c. And suppose that the feoffment
had been "to have to them and their heirs to the proper use and
behoof of them the feoffees for the term of their lives for ever
for seven thousand pounds," would they have any other estate than
for the term of their lives in the use? I believe not; and so in
the other case.
A last example of a case concerning consideration is that of
Assaby and Others against Lady Anne Manners and Others.
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