EXECUTOR. 



111. c. 9, s. 10, every person who shall ad- 

 minister the personal estate of any per- 

 son dying, without proving the will of 

 the deceased, or taking out letters of ad- 

 ministration within six calendar months 

 after such person's decease, shall forfeit 

 50/. 



If all the goods of the deceased lie 

 within the same jurisdiction, the probate 

 is to be made before the ordinary or 

 bishop of the diocese, where the deceased 

 resided ; but if he had goods and chattels 

 to the value of 51. in two distinct dioceses 

 or jurisdictions, the will must be proved 

 before the metropolitan or archbishop of 

 the province in which the deceased died. 

 An executor, by virtue of the will of the 

 testator, has an interest in all the goods 

 and chattels, whether real or personal, in 

 possession or in action of the deceased ; 

 and all goods and effects coming to his 

 hands will be the assets to make him 

 chargeable to creditors and legatees. An 

 executor or administrator stands person- 

 ally responsible for the due discharge of 

 his duty ; if, therefore, the property of 

 the deceased be lost, or through his wil- 

 ful negligence become otherwise irreco- 

 verable, he will be liable to make it good ; 

 and also where he retains money in his 

 hands longer than is necessary, he will 

 be chargeable not only with the interest, 

 but costs, if any have been incurred. 



But one executor shall not be answer- 

 able for money received, or detriment 

 occasioned by the other, unless it has been 

 by some act done between them jointly. 

 An executor or administrator has the 

 same remedy for recovering debts and 

 duties, as the deceased would have had if 

 living. Neither an executor nor admin- 

 istrator can maintain any action for a per- 

 sonal injury done to the deceased, when 

 such injury is of such a nature for which 

 damages may be received ; in actions, 

 however, which have their origin in 

 breach of promise, although the suit may 

 abate by the death of the party, yet it may 

 be revived either by his executors or ad- 

 ministrators, who may also sue for rent 

 in arrear, and due to the deceased in his 

 life-time. By the custom of merchants, 

 an executor or administrator may indorse 

 over a bill of exchange, or promissory 

 note. An executor or administrator may 

 also, on the death of a lessee for years, 

 assign over the lease, and shall not be 

 answerable for rent after such assign- 

 ment, nor shall he be liable for rent due 

 after the lessee's death, from premises 

 which in his life-time he had assigned to 

 another. 



An executor, or administrator, is bound 

 only by such covenants in a lease as are 

 said to run with the land. The executor, 

 or administrator, previous to the distri- 

 bution of the property of the deceased, 

 must take an inventory of all his goods 

 and chattels, which must, if required, be 

 delivered to the ordinary upon oath. He 

 must then collect, with all possible con- 

 venience, all the goods and effects con- 

 tained in such an inventory ; and what- 

 ever is so recovered that is of a saleable 

 nature, and can be converted into money, 

 is termed assets, and makes him respon- 

 sible to such amount to the creditors, le- 

 gatees, and kindred of the deceased. 



The executor, or administrator, having 

 collected in the property, is to proceed to 

 discharge the debts of the deceased, 

 which he must do according to the fol- 

 lowing priorities, otherwise he will be 

 personally responsible. 1. Funeral ex- 

 penses, charges of proving the will, and 

 other expenditures incurred by the exe- 

 cution of his trust. 2. Debts due to the 

 King on record, or by specialty. 3. 

 Debts due by particular statutes, as b)' 

 30 Geo. II. c. 23 ; forfeitures for not bu- 

 rying in woollen, money due for poor- 

 rates, and money due to the post-office. 

 4. Debts of record, as judgments, statutes, 

 recognizances, and those recognized by 

 a decree of a court of equity, and debts 

 due on mortgage. 5. Debts on special 

 contract, as bonds or other instruments 

 under seal ; and also rent in arrear. 6. 

 Debts on simple contract, viz, such as 

 debts arising by mere verbal promise, or 

 by writing not under seal, as notes of 

 hand, servants' wages, &c. 



The executor is bound at his peril to 

 take notice of debts on record, but not of 

 other special contracts, unless he receives 

 notice. If no suit be actually commenc- 

 ed against an executor or administrator, 

 he may pay one creditor in equal degree 

 the whole debt, though thea*e should be 

 insufficient remaining to pay the rest: 

 and even after the commencement of a 

 suit, he may, by confessing judgment to 

 other creditors of the same degree, give 

 them a preference. Executors and ad- 

 ministrators are also allowed, amongst 

 debts of equal degree, to pay themselves 

 first; but they are not allowed to retain 

 their own debt to the prejudice of others 

 in a higher degree ; neither shall they be 

 permitted to retain their own debts, in 

 preference to that of their co-executor, 

 or co-administrator, of equal degree, but 

 both shall be charged in equal propor- 

 tion . A mortgage made by the testator 



