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these executors have by the will and death of the parties all the property of their goods, chattels, leases for years, wardships, and extents, and all right concerning those things.

Those executors may meddle with the goods, and dispose Executors may, them before they prove the will, but they cannot bring an before probate, dispose of the action for any debt or duty before they have proved the will. goods, but not The proving of the will is thus. They are to exhibit the bring an action will into the bishop's court, and there they are to bring the for any debt. witnesses, and there they are to be sworn, and the bishop's the will is, and What probate of officers are to keep the will original, and certify the copy in what manner thereof in parchment under the bishop's seal of office, which it is made. parchment, so sealed, is called the will proved.

IX. By letters of administration.

By letters of administration property in goods is thus gotten. When a man possessed of goods dieth without any will, there such goods as the executors should have had if he had made a will were by ancient law to come to the bishop of the diocess, to dispose for the good of his soul that died, he first paying his funerals and debts, and giving the rest, ad pios usus.

This is now altered by statute laws, so as the bishops are to grant letters of administration of the goods at this day to the wife if she require it, or children, or next of kin; if they refuse it, as often they do, because the debts are greater than the estate will bear, then some creditor, or some other, will take it as the bishop's officers shall think meet. It groweth often in question what bishop shall have the right of proving wills, and granting administration of goods.

Pii usus.

notabilia in di

In which controversy the rule is thus: That if the party Where the indead had, at the time of his death, bona notabilia in divers testate had hona diocesses of some reasonable value, then the archbishop of vers diocesses, the province where he died is to have the probate of his then the archwill, and to grant the administration of his goods as the bishop of that province where case falleth out; otherwise, the bishop of the diocess where he died is to he died is to do it.

commit the administration. Executor may

If there be but one executor made, yet he may refuse the executorship coming before the bishop, so that he hath not refuse before intermeddled with any of the goods before, or with receiv- the bishop, if he

ing debts, or paying legacies.

have not intermeddled the

And if there be more executors than one, so many as list goods. may refuse; and if any one take it upon him, the rest that Executor ought

ments. 2. Stat.

5. Servants'

to pay, 1. Judg- did once refuse may when they will take it upon them, and no executor shall be further charged with debts or legacies recogn.3.Debts by bonds and than the value of the goods come to his hands. So that he bills sealed. 4. foresee that he pay debts upon record, first debts to the Rent unpaid. king, then upon judgments, statutes, recognizances, then wages. 6. Head debts by bond and bill sealed, rent unpaid, servants' wages, workmen. 7. payment to head workmen, and, lastly, shop-books, and Shop-book, and contracts by word. For if an executor, or administrator contracts by word. pay debts to others before to the king, or debts due by bond before those due by record, or debts by shop-books and contracts before those by bond, arrearages of rent, and servants', or workmen's wages, he shall pay the same over again to those others in the said degrees.

Debts due in

equal degree of

record, the exe

which of them

But yet the law giveth them choice, that where divers cutor may pay have debts due in equal degree of record or specialty, he he please before may pay which of them he will, before any suit brought suit commenc- against him; but if suit be brought he must pay them that get judgment against him.

ed.

Any one exeAny one executor may convey the goods, or release debts cutor may do as much as all to- without his companion, and any one by himself may do as gether, but if a much as all together; but one man's releasing of debts or debt be released, selling of goods, shall not charge the other to pay so much wanting, he of the goods, if there be not enough to pay debts; but it shall only be shall charge the party himself that did so release or discharged. Otherwise of convey.

and assets

administrators.

But it is not so with administrators, for they have but Executor dieth one authority given them by the bishop over the goods, making his exe- which authority being given to many, is to be executed by cond executor all of them joined together.

cutor, the se

shall be execu

tor to the first testator.

But otherwise,

committed of

And if an executor die making an executor, the second executor is executor to the first testator.

But if an administrator die intestate, then his administrator if the adminis- shall not be executor or administrator to the first. But in trator die that case the bishop, whom we call the ordinary, is to commaking his executor, or if ad- mit the administration of the first testator's goods to his ministration be wife, or next of kin, as if he had died intestate. Always his goods. In provided, that that which the executor did in his lifetime both cases the is to be allowed for good. And so if an administrator die, ordinary shall and make his executor, the executor of the administrator commit admishall not be executor to the first intestate; but the ordinary nistration of the goods of the must new commit the administration of the goods of the first first intestate. intestate again. Executors or administrators may retain.

If the executor or administrator pay debts, or funerals, or legacies of his own money, he may retain so much of the

goods in kind, of the testator or intestate, and shall have property of it in kind.

X. Property by legacy.

may retain ; be

some debts be

Property by legacy is where a man maketh a will and Executors or executors, and giveth legacies, he or they to whom the administrators legacies are given must have the assent of the executors, or cause the exeone of them, to have his legacy, and the property of that cutors are lease, or other goods bequeathed unto him, is said to be in charged to pay him; but he may not enter nor take his legacy without the fore legacies. assent of the executors, or one of them, because the executors are charged to pay debts before legacies. And if one of them assent to pay legacies, he shall pay the value thereof of his own purse if there be not otherwise sufficient to pay debts.

But this is to be understood by debts of record to the Legacies are to king, or by bill and bond sealed, or arrearages of rent, or be paid before debts by shopservants' or workmen's wages; and not debts of shop-books, books, bills unor bills unsealed, or contract by word; for before them sealed, or conlegacies are to be paid.

tracts by word.

gacy he will

And if the executors doubt that they shall not have Executor may enough to pay every legacy, they may pay which they list pay which lefirst; but they may not sell any special legacy which they first. will to pay debts, or a lease of goods to pay a money-legacy. If the executors But they may sell any legacy which they will to any legacy which they will to pay debts, do want they if they have not enough besides.

may sell any legacy to pay

If a man make a will, and make no executors, or if the debts. executors refuse, the ordinary is to commit administration When a will is cum testamento annexo, and take bonds of the administrators to perform the will, and he is to do it in such sort as the named, admiexecutor should have done, if he had been named.

made, and no executor

nistration is to be committed cum testamento annexo.

THE

ARGUMENTS IN LAW

OF

SIR FRANCIS BACON, KNIGHT,

THE KING'S SOLICITOR GENERAL

IN CERTAIN GREAT AND DIFFICULT CASES.

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