The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

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Title: The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.
Author: Leonard, William.
Publication: London :: Printed by the assigns of Richard and Edward Atkins ... for Henry Twyford, Thomas Basset, William Rawlins and John Place,; 1686.
Rights/Permissions: This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
Subject terms: Law reports, digests, etc. -- England.; Law -- England -- Cases.
Link to this Item: http://name.umdl.umich.edu/A47718.0001.001
Cite this Item: "The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A47718.0001.001. University of Michigan Library Digital Collections. Accessed June 15, 2024.

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LXXXIII. Mich. 15 Eliz. In the Common Pleas.

A. Made B. his Executor, and died;* 1.1 B. to the intent to defraud the Creditors, refused to take upon him the Executorship, but caused a stranger to take upon him Letters of Administration; which stranger fraudulently gave the Goods of the Testator to B. Dyer, If the gift be fraudulent, then by the Statute of 13 Eliz. the gift is void; and then B. by the Occupation of the Goods, shall be charged as Executor of his own wrong. Manwood, I conceive there is a difference, If one makes an Executor, and another takes the Goods, but doth no Act which concerns the Office of an Execu∣tor, as paying of Debts; he is not Executor of his own wrong but a Trespassor to him who is Executor in right: but if he doth any Act which belongs to the Office of an Executor, then he is Execu∣tor of his own wrong. Dyer, That Case hath been adjudged against you: and although the Books of 9 E. 4. & 22 H. 6. were vouched; Yet Iudgment was given against the Opinion of Man∣wood. It was the Case of one Stoke.

Notes

* 1.1

Vid. le stat. 43 Eliz. cap. 8. Office of Ex∣ecutors, 261.

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