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dying, and in their absence 2 other honest persons, shall make a true inventory of all goods, as well moveable as not moveable, that were of the person deceased; and the same shall cause to be indented, whereof the one part shall be by the executors or administrators, upon oath to be taken before the bishops or ordinaries, their officials or commissaries, or other persons having power to take probate of testaments, delivered unto the keeping of said bishops, &c. and the other part to remain with the executors or administrators; and no bishop, &e. sball refuse to take any such inventory. And by s. 5. if the
person deceased will any lands to be sold, the money Copies of wills erd inventories thereof, or the profits of the lands, shall not be accounted to be given.. as any of the goods of the person deceased : and the
bishop, &c. upon delivery of the seal, and sign of the testator, shall cause the same to be defaced, and re-deliver the same to the executors: and in case any person require a copy of the testaments so proved, or of the inventory, the ordinary, &c. shall with convenient speed deliver a copy : And a fee is hereby limited for the search and copy: But it is provided (s. 6.) that where any have used to take less, for probates, &c. or other cause concerning the same, they shall take such sums of money as they have used to take, and not above. By s. 7. every bishop, &c. that shall do or attempt any thing against this act, shall forfeit to the party grieved so much as any such person shall take contrary to this act; and also forfeit £10, whereof one moiety shall be to the king, and the other moiety to the party grieved that will sue
by action of debt, &e: in any of the king's courts. Pros. 8. vided (s. 8.) that this act be not prejudicial to any ordi
nary, &c. but that every of then may content before
them executors, to prove or refuse the testament, and to 93tlen. 8. c.13. bring in inventories, &c. as before. The 28 Hen. 8.
c. 18. Ir. contains similar clauses: and further provides, 5.7. (s. 7.) that no ordinary, &c: shall compel the husband or
friend of any womán covert to prove any testament of Administration to be granted to her husband's goods, or shall take any thing for the prohusband of femei coverricercheme bation of any testament of any woman covert, or administris, &C. tration of her goods, unless the said woman covert be an
executor or administrator, or otherwise have cause of ac- ..
The 38 Geo. 3. c. 87. Eog. provides, that, at the ex- Special adminisa piration of 12 calendar months from the death of any. testator, if the executor to whom probate shall have been the kingdom, granted, is then residing out of the jurisdiction of his 38 Geo. 3. c.87. majesty's courts of law or equity, it shall be lawful for S, 1. & 3. Eng.
the ecclesiastical court which hath granted such probate, - upon the application of any creditor, next of kin, or
legatee, to grant a special administration ; (the form of which is prescribed by s. 3.) for which administration a stamp duty of 5s. shall be paid : And by s. 2. the party s... applying to the spiritual court to grant such administration, shall make such affidavit as herein mentioned, (stating the nature and amount of the debt due by the deceased, that the only executor capable of acting is out of the kingdom, &c, and that the deponent is desirous of exhibiting a bill in equity, specifying the court, for the purpose of being paid his demand out of the assets of the testator.) By s. 4. it shall be lawful for the court of equity in which such suit shall be depending, to appoint (if needful) any person to collect any outstanding debts or effects due to the estate, and to give discharges for the same, such person giving security in the usual manner duly to account for the same. And by s. 6. it S. 5. shall be lawful for the accountant general of the court of chancery, or for the secretary, or deputy secretary, of the bank of England, to transfer any stock belonging to such deceased person, into the name of the accountant general, in trust for such purposes as the court shall dia rect, in any suit in which the person to whom administration hath been granted, shall be, or may have been, a party: provided, that if the executor capable of acting as such, shall return to and reside within the jurisdiction of any of said.courts, pending such suit, he shall be made a party to such suit; and the costs incurred by granting such administration, and by proceeding in such suit against such administrator, shall be paid by such person, or out of such fund as said court shall direct. 2 U2
s. 6. This act also provides (s. 6.) that where an infant is sole
nistrating executor, administration with the will annexed shall be granted with the granted to the guardian of such infant, or to such other will annexed to guardian of person as the spiritual court shall think fit, until such Want Eseculor. infant shall have attained the age of 21 ; at which period,
and not before, probate shall be granted to him. And . 8.7.
by s. 7. the person to whom such administration shall be - granted, shall have the same powers vested in him as an administrator now hath by virtue of an administration
granted to him durante minore state of the next of kin. . This statute has not been followed by any corresponding
act in Ireland...
mi The statutes relative to the devising of lands, have tive wills good. been already stated: and with respect to wills and testa29 Car 2. c. 3. s. 19. Eng.
* ments bequeathing personal property, the 29 Car. 2. c. 3. s. 19. Eng. enacts, that no nuncupative will shall be
good, where the estate bequeathed shall exceed the va.ue ..of £30, that is not proved by the oaths of 3 witnesses present at the making thereof :* nor unless it be proved that the testator at the time of pronouncing the same, did bid the persons present, or some of them, bear wit: ness that such was his will, or to that effect; nor unless
such will was made in the last sickness of the deceased, and in the house of his habitation or dwelling, or where he hath been resident for 10 days, or more, next before the making such will; except such person was surprised,
or taken sick, being from his own home, and died before s. 20.
he returned to the place of his dwelling. And by s. 20. after 6 inonths from the speaking of the pretended tes• tamentary words, no testimony shall be received to prove · any nuncupative will, except the said testimony, or the · substance thereof, were committed to writing within 6
days after the making of said will. And by s. 21, no s. 21.
letters testamentary or probate of any nuncupative will Probate when shall pass the seal of any court, till 14 days after the degranted.
cease of the testator be fully expired; nor shall any nug"cupative will be received to be proved, unless process
* By the 4 Ann. c. 16. s. 14. Eng. and 6 Ann. c. 10, s. It, Ir, they must be such witnesses as onght to be allowed upon trials at law,
S. 15. to 20.
manner as testa.
have first issued to call in the widow, or next of kindred to the deceased, to contest the same. By s. 22. no will in writing concerning personal estate shall be repealed, Revocation of
wills to be in nor shall any clause or bequest therein be altered, by any writing, c. words, or will by word of mouth ouly, except the same be in the life of the testator committed to writing, and after the writing thereof read unto the testator, and allowed by him, and proved to be so by 3 witnesses. Providea (s. 23.) that any soldier being in actual military service, or any mariner being at sea, may dispose of his Exception as moveables, wages, and personal estate, as before this act. soldiers and maxAnd by s. 24, nothing in this act shall alter the jurisdic- " 3. 24. tion or probate of wills, but the prerogative court, and other courts having such right, shall retain the same sub, ject to the directions of this act. The clauses of the statute of frauds in Lieland, 7 W. 3. c. 12. s. 15. to 20. 7 W. 3. c. 14. Ir. are precisely similar. With respect to the interest vested in executors: By Executors shall
hace certain the 13 Euw. 1. st. 1. c. 23. E. & I. executors shall have actions in like a writ of account, and the like action and process in the form same, as the testator might have had. And by the 4 Edw, 3. 13 Edw. 1. st.1.
c. 23. E. & I. c. 7. E. & I. executors, for a trespass done to their tes- 4 Edw. 3. c.7. tators, as of the goods of their testators carried away in Ed their life, shall have action against the trespassers, and recover their damages, in like manner as they whose executors they be should have had, if they were in life. And by the 25 Edw. 3. st. 5. c. 5. E. & I. executors of 25 Fdw. 5. st.5. executors shall have actions of debts, accounts, and" goods carried away of the first testators, and execution Executorsof exof statutes merchants and recognizances made to the first and be liable to,
ecutors to have, testator, in the saine manner as the first testator actions as e should have had, if he were in life. And on the other hand this statute provides, that executors of executors shall answer to others for as much as they have recovered of the goods of the first testator, as the first executors should do, if they were in full life. The 17 Car. 2. c. 8. 17 Car. 2. c. 8. Eng. enacts, that where any judgment, W. 3. c. 6. after a verdict, shall be had by or in the name of any exe- S....!
Administrator cutor or administrator, an administrator de bonis non may de bonis nou sue forth a scire facius, and take execution upon such
accumon upon such judgment of a.
judgment. And the 7 W. 3. c. 6. s. 9. Ir. has in like manner established a privity between the administrator de
bonis non, and the former executor or administrator of the 21 Hon. 8. c.4. first testator or intestate. By the 21 Hen. 8. C. 4. Eng. Eng.
where part of the executors of any person making will of All erecutors lands, &c. to be sold by his executors for payment of debts, need not join in ereculing cere or of legacies to wife, children, or for other charitable deeds, lein trusts.
refuse to take upon them the administration of such will, ail bargains and sales of such lands, &c. made by them only of the executors that accept such administration, shall be as effectual, as if all the executors had joined in the making the bargain and sale. No statute similar to
this has been passed in Ireland. As to executors de son 43 Eliz. C. 8. Eng.
tort: By the 43 Eliz. c. 8. Eng. every person that shall 10 Car. 1. st. 3. obtain or have any goods or debts of any intestate, or a c. 10. Ir.
release or other discharge of any debt that belonged son tort kowe
to the intestate, upon fraud, or without such valuable chargeable. Consideration as shall amount to the value, or thereabouts,
except it be in or towards satisfaction of some debt, shall be chargeable as executor of his own wrong, so far as such goods and debts coming to his hands, or whereof he is released, will satisfy, deducting all just debts, upon good consideration, without fraud, owing to him by the i intestate, and all other payments which lawful executors,
&c. ought to pay. The 10 Car. 1. st. 3. c. 10. Ir. is the 30 Car. 2. c. 7: corresponding statute in Ireland. The 30 Car. 2. c. 7. Eng...: Eng further enacts, that the executors and adininistras'll. Ir. ,tors of persons who; as executors in their own wrong, or
para riadministrators, shall waste any estate or assets of any &c. f ereculoro person deceased, shall be chargeable [*in the same de son tori.
- manner as their testator or intestate would have been if 4 & 5 W. & M. living:] And by the 4 & 5 W, & M. c. 24. s. 12. Eng. So the executors or administrators of any executor or ad
ministrator of right, who shall waste or convert to his Esecutors &c. of rightfulere. use goods or estate of his testator or intestate, shall be cutors, Sn an, chargeable in the same männer as their testator or intesswctable for their devasta- tate would have been. The 7 W. 3. c. 6. Ir. contains vit." corresponding provisión (s. 11.) to that of the 30 Car.2,
c. 7. "Tomake good the same out of the assets of such testator, &c.* by the 7.9.3. c. 6, s. 11. Ir.