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HEPBURN'S CASE. 113
him, were confiscated and carried into the public treasury. And
in like manner when any one died intestate without heirs or next
of kin capable of taking after him, his real and personal estate
escheated to the lord, or vested in the king, who, necessarily, for
the public peace and to prevent confusion, succeeded to the pro-
perty as a vacant possession. And where in such case the lands
were not, according to the feudal system, holden of any interme-
diate lord, they escheated to the king; and, under his authority,
might be sold and the proceeds taken into the public treasury.
When property was forfeited, because of the treason or felony of
its owner, by the ancient law of England, the creditors, except
those who had incumbrances upon the realty, were left quite with-
out remedy; but in Scotland, it was otherwise, there the public
took the forfeited estate, subject to all charges upon it. (n) But by
the more modern law of England, the creditors of a traitor or felon
are paid to the extent of his forfeited property; and for that pur-
pose the king waives his prerogative and authorizes an adminis-
trator to be appointed, who is held liable to the creditors, as in all
similar cases, so far as the assets will go. (o) And where lands
escheat for want of heirs, the lord or the king, takes them subject
to all incumbrances and claims for the satisfaction of which they
were bound as the assets of the deceased; and where the king
succeeds to the personal estate of the deceased, because of his
leaving no next of kin, the king takes subject to the claims of the
creditors of the deceased; and the personalty is put into the hands
of an administrator accordingly, (p)
In Maryland, under the provincial government, the same rules
and practice prevailed; as where the deceased had been found
upon an inquest to be a felo de se, the forfeiture was released for
the benefit of his widow and children. And where certain pro-
perty, on the death of the owner intestate, had escheated for want
of heirs, the Lord Proprietary took the estate subject to all claims
against the deceased, and his creditors were paid as from such an
amount of assets. Relief was obtained in such case by petition
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(n) Bedford v. Coke, 2 Ves. 117; Burgess v. Wheate, 1 Eden, 203; Cuddon v.
Hubert, 10 Cond. Cha. Rep. 160.—-(o) Megit v. Johnson, 1 Doug, 542.—(p) Man-
ning v. Napp, 1 Salk. 37; Jones v. Goodchild, S P. Will. 38; Burgess 9. Wheate, 1
Eden, 177; Middleton v. Spicer, 1 Bro. C. C. 202; Barclay v. Russell, 3 Ves, 486;
1 Will. Exrs. 259.
15 v.3
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