Cestui que vie Act 1540
| Jurisdiction | UK Non-devolved |
| Citation | 1540 c. 37 |
| Year | 1540 |
(32 Hen. 8) C A P. XXXVII.
'FOr as much as by the Order of the Common Law, the Executors or Administrators of Tenants in Fee-simple, Tenants in Fee-tail, and Tenants for Term of Lifes, of Rents Services, Rent Charges, Rents Secks, and Fee-farms, have no Remedy to recover such Arrearages of the said Rents or Fee-farms as were due unto their Testators in their Lives, (2) nor yet the Heirs of such Testator, nor any Person having the Reversion of his Estate after his Decease, may distrain, or have any lawful Action to levy any such Arrearages of Rents or Fee-farms, due unto him in his Life as is aforesaid; (3) by reason whereof, the Tenants of the demean of such Lands, Tenements or Hereditaments, out of the which such Rents were due and payable, who of Right ought to pay their Rents and Farms at such Days and Terms as they were due, do many Times keep, hold and retain such Arrearages in their own Hands, so that the Executors and Administrators of the Persons to whom such Rents or Fee-farms were due, cannot have or come by the said Arrearages of the same, towards the Payment of the Debts and Performance of the Will of the said Testators:' (4) For Remedy whereof, be it enacted by the Authority of this present Parliament, That the Executors and Administrators of every such Person or Persons, unto whom any such Rentor Fee-farm is or shall be due, and not paid at the Time of his Death, shall and may have an Action of Debt for all such Arrearages, against the Tenant or Tenants that ought to have paid the said Rent or Fee-farms so being behind in the Life of their Testator, or against the Executors and Administrators of the said Tenants; (5) and also furthermore, it shall be lawful to every such Executor and Administrator of any such Person or Persons unto whom such Rent or Fee-farm is or shall be due, and not paid at the Time of his Death as is aforesaid, to distrain for the Arrearages of all such Rents and Fee-farms, upon the Lands, Tenements and other Hereditaments, which were charged with the Payment of such Rents or Fee-farms, and chargeable to the Distress of the said Testator, (6)so long as the said Lands, Tenements or Hereditaments continue, remain and be in the Seisin or Possession of the said Tenant in Demesn, who ought immediately to have paid the said Rent or Fee-farm so being behind, to the said...
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