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Archiver > GEN-MEDIEVAL > 2001-04 > 0986693767


From: Renia <>
Subject: Re: Tr: Tomlinson, Elizabeth PART I
Date: Sun, 08 Apr 2001 02:36:07 +0100
References: <01c0bdbf$de6c0c00$LocalHost@fti/62hzcyc>, <bde875674a.tim@southfrm.demon.co.uk>, <nltayl0-0704011759010001@atl-tgn-ydu-vty144.as.wcom.net>


Nat Taylor wrote:

> In article <>,
> wrote:
>
> >In message <01c0bdbf$de6c0c00$/62hzcyc>
> > (Annie Natalelli-Waloszek) wrote:
> >
> >>
> >> Also, can you cite to me the law stating that neither illegitimate
> >> children nor their children, can inherit? the detail might suffice to
> >> convince me, after all...
> >
> >In those days I do not think there was much statute law, it was mostly
> >common law and I believe that common law was the sum of the judgements
> >made in various courts.
> >
> >Anyhow there was a very similar case in the Lybbe family at that
> >time whereby an eldest son was born out of wedlock and he was denied the
> >estate which went to his younger brother by about 10 years.
>
> It's not that an illegitimate child couldn't inherit (under a will, or
> whatever). It's that the 'administrator' appointed by the probate court
> in case of a dispute must be an eligible heir that the law would turn to
> as in an intestacy. Since an illegitimate descendant could not inherit
> *except* by will or donation inter vivos, the Bagley administrator could
> not be an illegitimate grandson. This supports the obviously preferred
> reading of 'nepos ex matre' and makes the other *theoretically possible*
> meaning (grandson via the mother) *impossible* here.
>
> Nat Taylor

The purpose of an Administration was and is to settle the debts of the
deceased, receive payments from his creditors, and distribute the estate to
those who are entitled to it by law. While the first choice was the spouse,
the spouse could renounce it. The next choice would be the children, and the
children-in-law, and there could be more than one administrator. But it was
also possible to have a non-relative as administrator, particularly in the
case of a deceased spouse or minor children. The non-relative would probably
be a next friend, or guardian, quite possibly a non-blood relative.

Renia



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