CHAP. XLVIII. ADNINISTRATORS.
AN Administrator, is he to whom the Ordinary of the place where the in∣testate dwelt, committeth the Testa∣tors goods, Chattel, credits, and rights.
A treatise of the principal grounds and maximes of the lawes of this nation very usefull and commodious for all students and such others as desire the knowledge and understandings of the laws / written by that most excellent and learned expositor of the law, W.N.
About this Item
- Title
- A treatise of the principal grounds and maximes of the lawes of this nation very usefull and commodious for all students and such others as desire the knowledge and understandings of the laws / written by that most excellent and learned expositor of the law, W.N.
- Author
- Noy, William, 1577-1634.
- Publication
- London :: Printed by T.N. for W. Lee, D. Pakeman, R. Best and G. Bedell ...,
- 1651.
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- Subject terms
- Law -- Great Britain.
- Real property -- Great Britain.
- Conveyancing -- Great Britain.
- Link to this Item
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http://name.umdl.umich.edu/A52567.0001.001
- Cite this Item
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"A treatise of the principal grounds and maximes of the lawes of this nation very usefull and commodious for all students and such others as desire the knowledge and understandings of the laws / written by that most excellent and learned expositor of the law, W.N." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A52567.0001.001. University of Michigan Library Digital Collections. Accessed June 17, 2024.
Pages
Page 105
For wheresoever a man dieth intestate, ei∣ther for that he was so negligent he made no Testament, or made such an Executor as re∣fused to prove it, or otherwise is of no force; the Ordinary may commit the administrati∣on of his goods to the Widow, or next of kin, or to both, which he pleaseth, making request; and revoke it again at his pleasure.
The Ordinary may assigne also a Tutor to the intestates children, to his sonnes untill twelve year.
But so that it be not a prejudice to him that is the Guardian; and after those years, he or she may respectively choose their own Cu∣rators, and the Guardian may confirm them, if there be not good order taken by their fa∣thers Will.
As if such a Tutor die, the Infant cannot have an Action of account against his Execu∣tor.
The power and charge of an Administra∣tor is equall in every point to the power and charge of an Executor: a man may have an action of the case against the Executor or Administrator upon the assumption of the Testator, upon good consideration, or debt for Labourers wages, by the Statute.
And if a man make an Infant his Executor, the Ordinary may commit the Execution of
Page 106
the will to the Tutor of the Child, to the Childs behoof, until he be of the age of 17. years, and if he be granted for longer time, it is void.
An Administrator dur ante minoritate, may do nothing to the prejudice of the Infant, he may not sell any of the goods of the deceased unless it be upon necessity, as for the pay∣ment of debts, or that they would perish; nor let a Lease for a longer time, then whilst he is Executor.
An infant upon the true payment of a debt due to the Testator, may make an acquittance, and it shall be good.
For a Child may better his estate but not make it worse.