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Rule 4 WEstm. 2. 23. 13. E. 1. Executors shall have a Writ of accompt, and the action and processe in the same writ, as their testator should, if he had lived.
Stat. 4. E. 3. 7. 1. Executors shal have an action for a trespass done to their testator, as of his goods and chat∣tels carried away in his life, and recover their damages in like manner, as he, whose executors they are, might have done: if he had lived.
Stat. 32. H. 8. 1. He that hath lands, tenements, 〈◊〉〈◊〉 hereditaments in soccage, and none holden by knight-service, or soccage in chief, may devise all by his wa•• in writing, or give all by act executed in his life; 〈◊〉〈◊〉 may he that hath land holden by soccage in cheif, an•• other land holden of a common person by soccage, and none holden by Knight-service: saving to the King•• primer seisin, relief, suing of the same out of the King•• hands, fines for alienation, &c. and all other dutie•• for the soccage in chief, as before hath been accu∣stomed.
He that hath lands, &c. holden by Knight service (whether he have any other lands holden of the King or of any other person by Knight-service, or orherwise or not) may do the like for two parts in three to be di∣vided in certainty, for the advancement of his wife or children, and payment of his debts: saving unto the King the wardship or primer seisin of the third part (without any charge, dower, &c.) and finds for aliena∣tion.
He that hath lands, &c. holden by knight-service (whether of the king alone by knight-service, not in cheif, or of a common person, or som holden of the king, some of a common person) and other land in soccage, may devise by will, or give by act executed in his life, two parts of that holden by knight-service, and all the soccage: saving to the Lord of the land holden by knight-service the Wardship of a full third part thereof, without any charge, dower, &c.
Provided, that every one shall sue his liverie, and pay his relief and heriot, as if this Act had never been made.
Stat. 34. 35. H. 8 The former Statute shall be extend∣ed to enable devises, and other Acts onely by Land in Fee-simple.
And if the partie, that maketh the will or other Act be seized in Coparcenerie, or in the common; it shal be good for so much, as in himselfe of right is.
The wardship, relief, primer seisin, &c. shall be of lands, that descend immediatly after the death of him that maketh the will or other act, as well in fee-tail as fee-simple; And the devise of two parts residue shall be good, though it be of all his fee-simples land: Such a will shall be good for two parts, (in case only where two may be devised) though it be made for the whole or more then two parts.
Such wils made by a feme-covert, infant under the age of 21 yeares Ideot, or one of non-sane memorie shall not be good, See also some other things there for the explanation of the former Act of 32 H. 8. 1.
Rule 10. Stat. 21. H 8. 4. that part of the executors, which take upon them the charge of a will, may sell the land devised by the Testator to be sold, albeit the other part which refuse, will not joyn with them.
Rule 11. Stat. 25. E. 3. Stat. 5 5. Executors of execu∣tors shall have actions of debt, accompt, and goods carried away of the first Testators, and Execution of Statute-Merchants recognizances made unto him; And shall also answer for Assets, as the first executors should have done.
Rule 12. Westm. 2. 19. 13. E. 1. the Ordinarie shall satisfie debts, wherein the Intestate was bound, as exe∣cutors should,
Stat. 31. E. 3 11. the Ordinaries shall depute next friends of the Intestate to administer his goods, who shall sue and be sued, and be accountable to the Ordi∣naries, as executors should.
Stat. 21 H. 8. 5. Administration shall be committed to the widdow of the Intestate, or to the next of his blood, or to both, at the discretion of the Ordinary. The O••∣dinary
not doing his duty herein forfeiteth ten pound
Stat.. 43. El. 8. If any obtain goods of an Intestate fraud (as by procuring administration to be granted a stranger of mean estate, or not to be found) and no•• upon valuable consideration, &c. he shall be charge as executor in his own wrong as far as the goods debts extend.
Rule 20. Westm. 1. 4. 3. E. 1. Where a man, dog, cat, escape alive out of the Ship, it shall be no wreck but the things shall be prised by the Sheriff or Corone•• and delivered to those of the Town, where they 〈◊〉〈◊〉 found, to answer for them: So as if any within a ye•••• and a day prove, that the goods are his, they shall 〈◊〉〈◊〉 restored to him.