Charles II, 1670 & 1671
An Act for the better setling of Intestates Estates.

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History of Parliament Trust

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John Raithby (editor)

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1819

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719-720

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'Charles II, 1670 & 1671: An Act for the better setling of Intestates Estates.', Statutes of the Realm: volume 5: 1628-80 (1819), pp. 719-720. URL: http://www.british-history.ac.uk/report.aspx?compid=47432 Date accessed: 23 October 2014.


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All Ordinaries who have Power to grant Administrations to take Bond.

Bee it enacted by the Kings most excellent Majestie with the Advice and Consent of the Lords Spirituall and Temporall and the Commons in this present Parlyament assembled and by the authority of the same That all Ordinaries aswell the Judges of the Prerogative Courts of Canterbury and Yorke for the time being as all other Ordinaries and Ecclesiasticall Judges and every of them haveing power to committ Administration of the Goods of persons dying Intestate, shall and may upon their respective granting and coo[m]itting of Administrations of the Goods of persons dying Intestate after the first day of June One thousand six hundred seaventy and one of the respective person or persons to whome any Administration is to be co[m]mitted, take sufficient Bonds with two or more able Suretyes, respect being had to the value of the Estate in the Name of the Ordinary with the Condition in forme and manner following, mutatis mutandis viz.

The Condition of the Bonds.

The Condition of this Obligation is such That if the within bounden A B Administrator of all and singular the Goods, Chattells and Credits of C D deceased doe make or cause to be made a true and perfect Inventory of all and singular the Goods Chattells and Credits of the said deceased which have or shall come to the Hands Possession or Knowledge of him the said A B, or into the Hands and Possession of any other person or persons for him, and the same soe made doe exhibite or cause to be exhibited into the Registry of Court at or before the day of next ensueing, And the same Goods, Chattells and Credits, and all other the Goods, Chattells and Credits of the said deceased at the time of his Death which at any time after shall come to the Hands or Possession of the said A B, or into the Hands and Possession of any other person or persons for him, doe well and truely administer according to Law, And further doe make or cause to be made a true and just accompt of his said Administracc[i]oon at or before the day of And all the rest and residue of the said Goods, Chattels and Credits which shall be found remaining upon the said Administrators Accompt, the same being first examined and allowed of by the Judge or Judges for the time being of the said Court shall deliver and pay unto such person or persons respectively as the said Judge or Judges by his or their Decree or Sentence pursuant to the true intent and meaning of this Act shall limitt and appoint. And if it shall hereafter appeare That any last Will and Testament was made by the said deceased and the Executor or Executors therein named doe exhibite the same into the said Court, makeing request to have it allowed and approved accordingly, if the said A B within bounden being thereunto required, doe render and deliver the said Letters of Administration (Approbation of such Testament being first had and made) in the said Court. Then this Obligation to be void and of none effect, or else to remaine in full Force and Vertue.

Ordinaries may call Administrators to account, and make Distribution amongst the Wife and Children, &c.; Appeal.

Which Bonds are hereby declared and enacted to be good to all intents and purposes, and pleadable in any Courts of Justice. And alsoe that the said Ordinaries and Judges respectively shall and may, and are enabled to proceede and call such Administrators to accompt for and touching the Goods of any person dyeing Intestate, and upon heareing and due Consideration thereof to order and make just and equall destribution of what remaineth cleare (after all Debts, Funeralls and just Expences of every sort first allowed and deducted) amongst the Wife and Children, or Childrens Children if any such be or otherwise to the next of Kindred to the dead person in equall degree, or legally representing their Stocks pro suo cui?ire according to the Lawes in such cases and the Rules and Limitation hereafter sett downe, and the same destributions to decree and setle, and to compell such Administrators to observe and pay the same by the due course of his Majestyes Ecclesiasticall Lawes. Saveing to every one supposeing him or themselves agreived their Right of Appeale as was alwayes in such cases used.

II. Proviso for Customs of London and Province of York. &c.

Provided That this Act or any thing herein contained shall not any way prejudice or hinder the Custome observed within the Citty of London, or within the Province of Yorke, or other places haveing knowne and received Customs peculiar to them, but that the same Customs may be observed as formerly Any thing herein contained to the contrary notwithstanding.

III. How and to whom Surplus to be distributed.

Proviso respecting Advancement by Portion, &c.; Heir at Law, although he take Land, to have an equal Part.; If no Children then Moiety to Wife, and Residue to next of Kin.

Provided alwayes and bee it enacted by the authority aforesaid That all Ordinaries and every other person who by this Act is enabled to make distribution of the Surplusage of the Estate of any person dying intestate shall distribute the whole Surplusage of such Estate or Estates in manner and forme following, That is to say, One third part of the said Surplusage to the Wife of the Intestate, and all the residue by equall portions to and amongst the Children of such persons dyeing intestate, and such persons as legally represent such Children in case any of the said Children be then dead, other then such Childe or Children (not being Heire at Law) who shall have any Estate by the Setlement of the Intestate, or shall be advanced by the Intestate in his Life time by portion or portions equall to the share which shall by such distribucc[i]oon be allotted to the other Children, to whome such distribucc[i]oon is to be made. And in case any Childe other then the Heire at Law who shall have any Estate by Setlement from the said Intestate, or shall be advanced by the said Intestate in his Life time by portion not equall to the share which will be due to the other Children by such distribution as aforesaid, then soe much of the Surplusage of the Estate of such Intestate to be distributed to such Childe or Children as shall have any Land by Setlement from the Intestate, or were advanced in the Life time of the Intestate as shall make the Estate of all the said Children to be equall as neere as can be estimated. But the Heire at Law notwithstanding any Land that he shall have by descent or otherwise from the Intestate is to have an equall part in the distribution with the rest of the Children without any consideration of the value of the Land which he hath by descent or otherwise from the Intestate. And in case there be noe Children nor any legall Representatives of them, then one Moyety of the said Estate to be allotted to the Wife of the Intestate, the residue of the said Estate to be distributed equally to every of the next, of Kindred of the Intestate who are in equally degree and those who legally represent them.

IV. Representation amongst Collaterals. If no Children then to next of Kin.

Provided That there be noe Representations admitted among Collaterals after Brothers and Sisters Children, And in case there be noe Wife then all the said Estate to be distributed equally to and amongst the Children, And in case there be noe Childe then to the next of Kindred in equall degree of, or unto the Intestate and their legall Representatives as aforesaid and in noe other manner whatsoever.

V. No Distribution till after one Year. If Debts afterwards appear, then all to refund proportionably.

Provided alsoe and bee it likewise enacted by the authorise aforesaid To the end that a due reguard be had to Creditors that noe such distribution of the Goods of any person dying intestate be made till [after (fn. 1) ] one yeare be fully expired after the Intestates death, and that such and every one to whome any distribution and share shall be allotted shall give Bond with sufficient Suretyes in the said Courts that if any debt or debts truely oweing by the Intestate shall be afterwards sued for and recovered, or otherwise duely made to appeare That then and in every such case he or she shall respectively refund and pay backe to the Administrator his or her rateable part of that Debt or Debts, and of the Costs of Suite and Charges of the Administrator by reason of such Debt out of the part and share soe as aforesaid allotted to him or her, thereby to enable the said Administrator to pay and satisfie the said Debt or Debts soe discovered after the distribution made as aforesaid.

VI. Proviso for Administration cum Testamento annexo.

[Provided alwayes and bee it enacted by the authority aforesaid That in all cases where the Ordinary hath used heretofore to grant Administration cum Testamento annexo, he shall continue soe to doe, and the Will of the deceased in such Testament expressed shall be performed and observed in such manner as it should have beene if this Act had never beene made. (fn. 2) ]

VII. Continuance of Act.

[Provided alsoe That this Act shall continue in force for seaven yeares, and from thence to the end of the next Session of Parlyament and noe longer. (fn. 2) ]

Footnotes

1 interlined on the Roll.
2 annexed to the Original Act in a separate Schedule.