What is to
be observed
previous to
the taking of
letters. |
118 OF DISTRIBUTION.
once intermeddled, by selling goods, receiving
debts &c. he may at any time thereafter be
compelled to accept the executorship, or administration.
A person so intermeddling without
an intent to administer, makes himself,
what the law calls, an executor in his own wrong,
and is by statute 30 Car. 2. Cap. 1. liable to the
joint suit of the rightful administrator, and of
every creditor of the deceased; altho' he himself
cannot sue others as executor, or administrator.
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But if, after mature deliberation, the executor
resolves to undertake the execution of the
testament, he ought previously to inform himself,
if the deceased was executor to another;
if he be found that he was either sole, or surviving
executor to another person, than this
executor shall also be executor to the first testator,
as well as to the second; but if the testator
had been joint executor with others, one
whereof did survive him, in that case, such surviving
executor continues solely in the office of
executor to the first testator.
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As an executor to the first testator, he is to
finish the administration begun by the former
executor; and hath in general, the same power
and interest vested in him, as the first executor
would have enjoyed, were he living. |
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