| 1443.004 |
1443 |
Common Pleas |
Debt |
Dette |
Portygnton, John Sjt (for Ds)
Yelverton, William Sjt (for P)
Portygnton, John Sjt
Yelverton, William Sjt
Portygnton, John Sjt
Paston, William JCP
Newton, Richard CJCP Neut.
Yelverton, William Sjt
Newton, Richard CJCP Neut.
Yelverton, William Sjt
Newton, Richard CJCP
Yelverton, William Sjt
Ayscough, William JCP Ascue
Portyngton, John Sjt
Paston, William JCP
Portyngton, John Sjt
Paston, William JCP
Newton, Richard CJCP
Yelverton, William Sjt
Portyngton, John Sjt
Newton, Richard CJCP
Yelverton, William Sjt
Fulthorpe, Thomas JCP
Yelverton, William Sjt
Paston, William JCP
Newton, Richard CJCP
Paston, William JCP
Brown, Thomas, Clerk of CP
Yelverton, William Sjt
Portygnton, John Sjt
Yelverton, William Sjt
Portygnton, John Sjt |
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Walpole, William, testator
Richard, Dean of St. Paul's
Ro., commisioner for the Dean of St. Paul's |
Saint Pancras, parish of
St. Paul's, deanery of
Kentishtown (Kentistown), in the parish of St. Pancras |
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| Brooke Monstrans (not Faits) 55, Travers per sans ceo 89, Administratours 27 |
same case shorter report 1476.013 = Pasch. 16 Edw. 4, pl. 4b, fol. 2a
cross-referenced in 1442.114 = Mich. 21 Hen. 6, pl. 18, fol. 8a-8b (same plea argued) |
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| Brief de Det fuit porte vers ii, come executors un William Walpole. @ Port. Le dit Will- fuit conversant |
63 |
Defendant pleaded that he was administrator and was named in the writ as executor.
Plaintiff prayed hearing of the letters of administration.
Defendants said that plaintiff would not have it.
Plaintiff argued that letters of administration ought to be shown in this case.
Paston JCP argued that the letters should be shown.
Newton CJCP told plaintiff to reply at his peril
Plaintiff replied by the manner (suggested, that defendants administered as executor (?)).
Defendants rejoined that they had sufficiently pleaded.
At another day, Newton CJCP argued that the letters need not be shown.
Then in the absence of Paston JCP, plaintiff replied with the permission of the Court (ex gratia) that the testator made defendants his executors and they administered his goods as executors, and pending this writ the ordinary committed the administration to them.
A clerk said privately to the Justices that it seemed that the letters of administration should be shown.
Defendants rejoined that the administration was committed to defendants before the writ was purchased.
Plaintiff rebutted that defendants had not traversed plaintiff's reply.
Defendants surrebutted as before, denying that the administration was committed to defendants pending the writ.
Issue was joined (and so to the jury). |
Sjt Yelverton (for P): Voier est; En vostre cas voier est
Newton CJCP to Sjt Yelverton: dit que voille a vostre peril
Paston JCP: un testament nuncupative, l' quel est sans ascun chose escrie
Newton CJCP: Si un administracion soit comis per l' Ordinary, & cel' administration entre en lour livres de record
Et puis Sjt Yelverton Paston JCP 'absente' sans ascun agarde del' Court de son liberty, & ex gratia Curia denit que le testator fist ceux nomes en le brief ses executors, & morust, apres que mort ilz administre ses biens come executors envers queux nous portamus nostre brief, & pendent cel' brief l' administracion fuit comis a eux per l' Ordinary
Brown, Clerk of CP, dit privement a' s Justices, que il semble que les lettres doivent este mostres |
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Cathedral of St. Paul, London. |
Sjt Portyngton (for Ds): William Walpole was known and resided in the parish of St. Pancras, which was annexed to the Deanery of St. Paul's, and the Dean of St. Paul's ... had jurisdiction (as) ordinary for all his Deanery, and William Walpole died intestate at Kentishtown within the parish of St. Pancras, so one Richard being Dean of St. Paul's for the time, by the hands of one Ro., his commissioner, sequestered all the goods (of William Walpole), and committed the administration of them to the defendant named in the writ, by his letters patent, by virtue of which (defendant) had administered the goods of William Walpole, thus the writ ought to be brought against him as administrator and not as executor
Paston JCP: this committal of the administration lies in writing, and must be tried by matter of record, or by certification, and no writ will be sent to certify, unless the issue was taken on the letters of administration, and on them the issue cannot be taken unless they be shown: it is otherwise of a spiritual thing, and cannot be tried in our law; (the issue whether administration was committed to defendants will be tried) by the bishop, because it is a spiritual thing, as in Quare impedit issue was taken on the admission and institution, this will clearly be tried in Court Christian (Court Xpien), and I see no difference in this case; an executor can be made orally (per parole), and well, but not to use a writ; if one make an executor by testament, and the testament is probated, yet all is void as to using a writ, but if one make a nuncupative testament, which is without anything written, if such executor come to the ordinary, and probate the testament, an action can be used in his court on such probate of the testament alone
Newton CJCP: he could well say that William Walpole did not die intestate, and this lies in the cognisance of lay folk, and could be tried by our law, etc.; if an administration be committed by the ordinary, and this administration be entered in their books of record (bishop's register), although the party does not have any letters (t-res) of administration, yet this gives him sufficient power to administer
Sjt Yelverton (for P) without letters of administration no one can be said to be an administrator, because administration cannot be committed by simple words (simple parole) (which was agreed); also by the declaration they are supposed to be executors, by which the law presumed (entende) that they were made executors, and administered as executors
in 1476.013 = Pasch. 16 Edw. 4, pl. 4b, fol. 2a, Newton CJCP said that the defendant ought not show the letters of administration, because it was by way of defence, no more than in Debt brought against executors, he (a defendant) will plead (dirra) that 'there was another executor who was alive (en pleine vie) not named in the writ, judgment of the writ', without showing a testament, but in both cases, if they were by way of action, they ought to show forth the testament, and the letter of administraion, etc.
which was agreed by all the Court |
Executor
Conversing
Residing
Parish
Annexation
Deanery
Dean
Jurisdiction
Ordinary
Death
Intestacy
Hands
Commissioner
Commissary
Sequestration
Goods
Committal
Administration
Name
Letters Patent
Virtue
Administrator
Judgment
Note
Manner
Special Pleading
Record
Hearing
Letters of Administration
Showing
Case
Action
Testament
Testator
Life
Truth
Issue
Averment
Jury (Pais)
Writing
Trial
Matter
Matter of Record
Certification
Mandate
Spiritual Thing
Spiritual Chose
Our Law
Formedon in the Remainder
Remainder
Simple Word
Simple Parole
Mere Words
Agreement
Declaration
Supposition
Presumption (entende)
Praecipe Quod Reddat
Nontenure
Plea
Surmise
Allegation
Confession
Avoidance
Traverse
Denial
Sans Ceo
Thinking
Probate
Proof
Undertaking (empris)
Finding
Form
Service
Assize
Entitlement
Grant
Reversion
Avail
Acknowledgement
Trial by Bishop
Bishop
Quare Impedit
Admission
Institution
Clarity
Court Christian
Ecclesiastical Court
Church Court
Sight
Distinction
Peril
Sufficiency
Debt
Voidance
Cause
Fee Tail
Vesting
Time
By Parole
Usage
Nuncupative Testament
Without Writing
Book
Book of Record
(Bishop's Register)
Party
Power
Absence
Award
Liberty
Ex Gratia Curia
By Grace
Pending the Writ
Demand
Privacy
Secrecy
Abatement
Gift
Better Writ
Knowledge
Conception
Joint Plea
Deed
Feoffment
Feoffment by Deed
Purchase of Writ
Direct Traverse
Jury (patriam)
Ad Patriam |
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