Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.

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Title: Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.
Author: Finch, Henry, Sir, d. 1625.
Publication: London :: Printed [by Adam Islip] for the Societie of Stationers,; 1627.
Rights/Permissions: To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.
Subject terms: Law -- England -- Early works to 1800.
Link to this Item: http://name.umdl.umich.edu/A00741.0001.001
Cite this Item: "Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A00741.0001.001. University of Michigan Library Digital Collections. Accessed June 12, 2024.

Pages

Statutes.

Westm̄ 2. cap. 19. The Ordinarie shall answer for debts wherein the Intestate was bound, as Executors should.

31. E. 3. cap. 11. The Ordinaries shall depute next friends of the intestate to ad∣minister his goods, who shal sue and be su∣ed, and be accountable to the Ordinarie, s as Executors should.

21. H 8. cap. 5. Administration shall be committed to the widdow of the Intestate or to the next of his bloud, or to both, at the discretion of the Ordinarie. Where diuers persons next of the bloud (which in deede are in equality of degree with the intestate) claim administratiō, or wher one only clai∣meth it as next of the bloud (where in truth diuers are in equalitie of kindred, as afore∣said)

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the Ordinarie shal be at his choice to accept one or moe, making request. Where but one or more, and not all (being in equa∣litie of kindred) make request; the Ordina∣rie shal be at libertie to admit the widdow, and him or those onely making request, or any one of them, at his pleasure. The Or∣dinarie shal commit administration accor∣ding to the rule aforesaid, vpon paine of ten pound.

The Statute Magna Chart. Cap. 18. is, That the Kings debts shall be leuied of the dead mans goods, and the surplusage deliuered to the Executors Saluis pueris, & vxori rationabilibus partibus, which proueth that this rationabile parte was at the Com∣mon law.

But (a) 1.1 whether any Will be made or no, his wife, and such children as are not aduanced by him in his life (as if a daugh∣ter be couenably married by him, this is a * 1.2 sufficient aduancement) shall haue a part to their owne vse; that is to say, one third of all (after his debts payd) to his wife, and the other to his children. And a Writ de ra∣tionabili parte bonorum is giuen to recouer it.

Notes

(a) 1.1

Magn. Charta cap. 28. 16. &c. v•• in F. N. B 122. l. •• Br. ration part. 6.

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* 1.2

(b) 3. E. 3. d••t. 156

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