Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen ElizabethReilly, S. A.
History
Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen Elizabeth
Reilly, S. A.
Law -- England -- History
An adult may lease his lands or tenements only by a writing under
his seal for a term of years or a term of life, because many
people who had taken leases of lands and tenements for a term of
years or a term of lives had to spend a lot for repair and were
then evicted by heirs of their lessors.
A husband may not lease out his wife's land.
No woman covert, child, idiot, or person of insane memory may
devise land by will or testament.
The land of tenants-in-common may be partitioned by them so that
each holds a certain part.
No bishop or other official having authority to take probate of
testaments may take a fee for probating a testament where the
goods of the testator are under 100s., except that the scribe
writing the probate of the testament may take 6d., and for the
commission of administration of the goods of any man dying
intestate, being up to 100s, may be charged 6d. Where the goods
are over 100s. but up to 800s. sterling, probate fees may be
3s.6d. at most, whereof the official may take 2s.6d. at most,
with 12d. residue to the scribe for registering the testament.
Where the goods are over 800s. sterling, probate fees may be 5s.
at most, whereof the official may take 2s.6d. at most, with
2s.6d. residue to the scribe, or the scribe may choose to take
1d. per 10 lines of writing of the testament. If the deceased
had willed by his testament any land to be sold, the money
thereof coming nor the profits of the land shall not be counted
as the goods or chattel of the deceased. Where probate fees have
customarily been less, they shall remain the same. The official
shall approve and seal the testament without delay and deliver
it to the executors named in such testaments for the said sum.
If a person dies intestate or executors refuse to prove the
testament, then the official shall grant the administration of
the goods to the widow of the deceased person, or to the next of
kin, or to both, in the discretion of the official, taking
surety of them for the true administration of the goods,
chattels, and debts. Where kin of unequal degree request the
administration, it shall be given to the wife and, at his
discretion, other requestors. The executors or administrators,
along with at least two persons to whom the deceased was
indebted, or to whom legacies were made, or, upon their refusal
or absence, two honest kinsmen, shall make an inventory of the
deceased's goods, chattels, ware, merchandise, as well moveable
as not moveable, and take it upon their oaths to the official.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account