GEN-MEDIEVAL-L Archives

Archiver > GEN-MEDIEVAL > 2001-04 > 0987244575


From: Tim Powys-Lybbe <>
Subject: Re: Tomlinson, Elizabeth: Estate of
Date: Sat, 14 Apr 2001 11:36:15 +0100
References: <3c.a3ed647.28071f3f@aol.com>, <nltayl0-1204011254500001@atl-tgn-yat-vty177.as.wcom.net>


In message <>
(Nat Taylor) wrote:

> In article <>, wrote:
>
<snip>
>
> Ken should understand the difference between an executor (chosen by a
> testator) and an administrator (granted administration of an estate by a
> probate court). Executors, like beneficiaries, can be freely chosen
> (within certain limits) in a will. Paul Reed has clearly discussed how
> and why courts choose administrators, and the implication for Edward
> Bagley's parentage.
>

Modern practice in England is that there is very little different
between executors and administrators. Agreed that executors are those
appointed by the testator; but these days an executor has to get court
authority, probate, to do any legal distribution of assets.

If the testator fails to appoint or if the chosen executors retire, then
the family invites someone to do the job and then takes their proposal
to the court who rubber stamp it.

(Obviously there is something different where the family does not agree
on anyone.)

How did the late medieval practice differ from the current one?

--
Tim Powys-Lybbe
For a patchwork of bygones: http://powys.org


This thread: