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2 ADMINISTRATION.
Before this statute, there was no direct law
compelling the ordinary to pay the debts of intestates;
but, after making it, the ordinaries
were to be sued, as executors were before, and
a writ was framed for the purpose. Reg. 141
F. N. B. 130.
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Defect of the
above act. |
This statute was defective in subjecting the
ordinary to suits, without giving him a remedy
to recover debts due to intestates, and the ordinary
being answerable only for the value of the
goods, which actually came to his possession, so
much of the intestate's estate, as was outstanding,
made no part of the fund, out of which
the creditors of intestates were to be paid.
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Stat. 31st.
Edward 3d.
first directing
administration
to be
granted. |
By the statute 31st. Edward 3d. cap.
11.
" where a man dieth intestate, the ordinary
" shall dispute the next, and most lawful friends
" of the deceased, to administer his goods.
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Before this statute, the ordinary was not compellable
to grant administration; but by this act
he is commanded, and thereby compellable to
grant it to the next, and most lawful friends,
9 Co. Rep. 40.--By this statute the name Administrator,
was first introduced. Lex. Test.. 13. |
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