Re: Sir William Blackstone meets Hening's Statutes (insanity & forgetfulness...

Let me once more quote the law governing wills in the colony of
Virginia that was in effect when Edward Dale made his will in 1694:

Hening 2:92-93 (March 1661/2) IS THE LAW GOVERNING LAST WILLS AND
TESTAMENTS IN THE COLOINY OF VIRGINIA:

“Bee it enacted that all wills and testaments be firme and inviolable,
unles the executors or overseers doe refuse to execute the trust
reposed in them by the testator in which case the court may appoint
others to act according to the will, but if the said will be soe made
that noe person will undertake the managing of the estate, or
education of the orphants according to the tenor of it, then that
estate by appointment of the court shalbe managed according to the
rules sett downe for the ordering the estate of persons intestate….”

The first email I got from Colin was a lecture about wills and
testaments, how they weren't the same thing, and were proved in
different courts in England. I told him that wasn't the way it was
done in VA. I got still more emails, in the course of which Colin
told me he didn't anything about the law in VA. I decided, however
Colin found his way into my inbox, that he wasn't listening, so I
discontinued the correspondence. If he doesn't know anything about
the law in VA, I fail to see the relevance of his posts. He's
demonstrated there's some conflict between law books. So what? Since
when is Colin Withers an expert in colonial VA law?

I realize that colonial practice probably seems crude and
unsophisticated by English standards, and it undoubtedly was. The
justices in the county courts were almost always not lawyers, but the
"gentlemen' of the county.

So Matt--maybe you'd better read the quote in this post, because THAT
WAS THE LAW. Got it?

.

Relevant Pages

  • Re: DISCUSSION OF DALE/SKIPWITH LINE
    ... The fact that county courts had some law books doesn't mean the law ... governing wills passed in 1661/2 didn't mean what it said. ... reposed in them by the testator in which case the court may appoint ... estate by appointment of the court shalbe managed according to the ...
    (soc.genealogy.medieval)
  • Re: edward Dales will & its anomaly
    ... Your other comments continue to display an ignorance of the law. ... executors of wills, so that wills wouldn't fail due to lack of ... The law allowed executors of wills to perform ... Once a will was proved in court it was ...
    (soc.genealogy.medieval)
  • Re: edward Dales will & its anomaly
    ... declaring "all wills and testaments be firme and inviolable" was made ... it only applied when there were orphans. ... That evidently was the reasoning behind the law. ... You're are taking, out of context, one phrase in one law, and trying to ...
    (soc.genealogy.medieval)
  • Re: Albions Seed; or what does "son-in-law" mean
    ... Remarriage invalidating prior wills was not a rule in medieval and early ... in England and in many other Common Law jurisdictions. ... So the question is whether this provision stems form the 1837 Act, ...
    (soc.genealogy.medieval)
  • Re: DISCUSSION OF DALE/SKIPWITH LINE
    ... We're never going to reach a meeting point until you can understand that the probate law of Virginia as you like to call it, is based on the same common law that England had at the same time. ... Quote the portion where he discusses how wills can be set aside at the moment of proving them. ... reposed in them by the testator in which case the court may appoint ...
    (soc.genealogy.medieval)