Pierce & Perks
Jurisdiction | England & Wales |
Judgment Date | 01 January 1714 |
Date | 01 January 1714 |
Court | Court of the King's Bench |
English Reports Citation: 82 E.R. 1105
King's Bench Division
9. pierce & perks. Entr' Trin. 16 Car. 2. Rot. 1767. Si administracon un foita commit poet estre repeal & comit al auter per le Ordinary, In dett pur rent plaintiff declare come administrator le defendant plead que le administracon fuit revoke & commit a luy, le plaintiff reply q il ad administracon 1106 PASCH. 18 CAR. II. B. R. 1 SID. 281. come frere &c. Et lordinary nad poyar p ceo revoke, et q il ad appeal de ceo ore pendant al super Ordinary sur que defendant demur, et fuit argue aoven foits que le Ordinary ne poet revoke administracon apres q ad ceo grant al person capable, a que de droit appent quia ceo est authority done a luy p stat' le quel il aiant un foits execute ne poet intromeddle ove ceo apres, et Sir George Sands's case devant . . . et several auter authorities fuer' cite. Et pur le defendant fuit argue que le Ordinary grant administracon devant ascun stat' ore conus eux authorize, et pur ceo lour title de grant administracon appent al eux p le common ley donq p lour ley poent grant a quel ila voile & revoke a lout-pleasure le quel si unque ont tiel poyar nest clepris de eux p ascun stat' car le stat' 31 E. 3. ne lestat' H. 8. nont ascun negative parols ne nul de eux dit que serra graunt irrevocablement, et pur ceo launcient ley q fuit in tiel cas remain. Windham Justice difc q il ad oye Noy & auter learned persons dire q la nest ascun tiel Rol. de H. 3. de garrant ceo que il dit so. quod bona iutestata capi solebant in manus Domini Regis, mes ils diont q...
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