ing of debts or selling goods shall not charge the other to pay so much of their goods, if there be not enough besides to pay debts; but it shall charge the party himself that did so release or convey. But it is not so of administrators, because they have but one authority by the Bishop given them over the goods, which authority, being given to many, is to be executed by all of them joining together. And if an executor die making his executor, this second executor is to be executor to the first testator. But if an executor die intestate, then his administrator shall not be executor or administrator to the first; but in that case the bishop, whom we call the ordinary, is to commit the administration of the first testator's goods to his wife, or next of kin, as if he had died intestate; always provided, that that which the executor did in his lifetime is to be allowed for good. And so if an administrator die, and make an executor, this executor of the administrator shall not be executor to the first intestate; but the ordinary must new commit the administration of the goods of the first intestate again. If the executor or administrator do 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. 10. Property by legacy is where a man maketh a will and executors, and giveth legacies. He to whom the legacy is given must have the assent of the executors, or one of them, to have his legacy; and the property of that lease, or other goods bequeathed unto him, is said to be in him: but he may not enter nor take his legacy without the assent of the executors, or one of them; because the executor is charged to pay debts before legacies; and if he assent to legacies, he shall pay the value thereof of his own goods if there be not otherwise sufficient to pay the debts. But this is to be understood of debts of record to the King, or by bill or bond sealed, or arrearages of rent, or servants' or workmen's wages; and not debts by shop-books, or bills unsealed, or contract by word; for before them legacies are to be paid. And if the executors doubt that they shall not have enough to pay every legacy, they may pay which they list first; but they may not sell a special legacy of a lease or goods in kind, to pay a money-legacy. But they may sell any legacy which they will to pay debts, if they have not enough besides. If a man make a will, and make no executors, [or if the executors refuse,]1 the ordinary is to commit administration cum testamento annexo, and take bonds of the administrator to perform the will; and he is to do it in such sort as the executor should have done if he had been named. 1 Omitted in MSS. The whole paragraph would come better under the titles of Executors and Administrators; which, again, are themselves confused. END OF VOL. XIV. |