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21 H. 8, CAP. 4, SALES BY PART OF EXECUTORS. 365 Lands and Tenements, and other Hereditaments have been de- clared, and in the same divers Executors named and made, that after the Decease of such Testators some of the same Exec- utors, willing to accomplish the Trust and Confidence that they -were put in by the said Testator, have accepted and taken upon * them the Charge of the said Testament, and have been 280 ready to fulfil and perform all things contained in the same; and the residue of the same Executors, uncharitably, contrary to the Trust that they were put in, have refused to intermeddle In any wise with the Execution of the said Will and Testament, or with the Sale of such Lands so willed to be sold by the Tes- tator. (3) And forasmuch as a Bargain and Sale of such Lands, Tenements, or other Hereditaments so willed by any person to be sold by his Executors after his Decease, after the Opinion of divers persons, can in no wise be good or effectual in the Law, unless the same Bargain and Sale be made by the whole number of the Executors named to and for the same; (4) by reason whereof, as well the Debts of such Testators have rested unpaid and unsatisfied, to the great Danger and Peril of the Souls of such Testators, and to the great Hin- drance, and many times to the utter undoing of their Credi- tors: (5) As also the Legacies and Bequest made by the Tes- tator to his Wife, Children, and for other charitable Deeds to be done for the Wealth of the Soul of the same Testator that made the same Testament, have been also unperformed, as well to the extream Misery of the Wife and Children of the said Testator, as also to the Let of Performance of other char- itable Deeds for the Wealth of the Soul of the said Testator, to the Displeasure of Almighty God. (6) For Remedy whereof, be it enacted, ordained, and established by the Authority of this present Parliament, That where part of the Executors named in any such Testament of any such person so making or declaring any such Will of any Lands, Tenements, or other Hereditaments to be sold by his Executors, after the Death of any such Testator, do refuse to take upon him or them the Ad- ministration and Charge of the same Testament and last Will wherein they be so named to be Executors, and the Residue of the same Executors do accept and take upon them the Cure and Charge of the same Testament and last Will; that then all Bargains and Sales of such Lands, Tenements, or other Hereditaments, so willed to be sold by the Executors of any such Testator, as well heretofore made, as hereafter to be made |
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Alexander's British statutes in force in Maryland. 2d ed., 1912
| Volume 194, Page 365 View pdf image (33K) |
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