The Orphans Legacy, Part 2 · Chapter 21
CHAP. XXI. Of Inventories.
1. Within what time an Inventory is to be made and exhibited.
2. The manner how, and reaſon why an Inventory is to be made.
3. What ought to be inſerted into the Inventory, and what not.
1. THe time appointed for the making of an Inventory, and for exhibiting the ſame, is left to the diſcretion of the Judge, aText. in C. Statut. §. Inventarium, tit. de Teſta. lib. 3. Prov. Conſt.which he is to regulate according to the circumſtances of Place, Perſon, Goods, &c. bLynw. in C. Statut. verb. Arbitrio.yet Regularly the Inventory ought to be begun by the Executor within Thirty dayes next after the Teſtators death, or his notice of being made Executor, and to be finiſhed within Thirty dayes more after that, or within a year, if the Goods be remote, elſe he may be charged for the whole debt.cGazal. verb. Inventarium.
2. The Executor in making of an Inventory ought to call Two at leaſt of the Teſtators Creditors or Legataries, or upon their refuſal or abſence Two other honeſt perſons, and in their preſence ſhall make a true and perfect Inventory of all the Teſtators Goods, Chattels and Credits; and the ſame ſhall be indented, whereof one part ſhall be by the ſaid Executor upon his Oath for the Truth thereof left in the Regiſtry of the Court, the other part to remain with himſelf. In which Inventory the Teſtators Goods and Chattels are particularly to be valued and apprayzed at their true and juſt value. And all ſuch Goods and Chattels as are contained in the Inventory are preſumed to have belonged to the Teſtator, and now to the Executor, and no more. Therefore if a Creditor or Legatary affirm, that the Teſtator had at his death more Goods than are compriſed in the Inventory, he muſt prove the ſame; for ſuch an Inventory by the Civil Law cannot be diſproved, unleſs the number of the Witneſſes be twice as many in number as they which do Prove it; dFulb. Paral. 2. part. 3. Diol. fol. 32.And if the Executors or Adminiſtrators do make a True Inventory, they ſhall not be charged further with any Debts than the Goods of the Teſtator or Inteſtate will extend. But if the Executor Enter upon the Teſtators Goods without making an Inventory, then the Preſumption of Law will be againſt the Executor, that he had Goods ſufficient, not only to pay the Debts, but all the Legacies alſo: So that the Reaſon is evident wherefore an Inventory is to be made, viz. leſt the Executor if otherwiſe than honeſtly diſpoſed, ſhould defraud the Creditors or Legataries by concealing the Teſtators Goods.eFran. Porcel. in Tract. de Inventorio. q. 2. §. Sancimus. De Haered. & Fall. in Auth.
3. Generally all the Goods and Chattels whereof the Teſtator died rightly poſſeſſed (ſome certain things for ſpecial Reaſons and Legal reſervations only excepted) ought to be put into the Inventory; f21 H. 8. cap. 5.And therefore Leaſes are not exempted: gTerms of Law, verb. Chattels. quae ſunt Cat. Re.Alſo Corn growing on the ground is to be put into the Inventory, becauſe it belongs to the Executor: hPerk. tit. Deviſe, fol. 99.But not Graſs or Trees ſo growing, which belongs to the Heir; iPerk. ibid.Nor Glaſs-windows, nor Wainſcot; kCoke Rep. lib. 4. in Herlakendens Caſe in fin. fol. 63, 64.Nor Tables Dormant, nor Mangers, nor any thing affixed any way to the Freehold; lKelw. Rep. fol. 88. nu. 2. Labridg. dez Caſ. zit. Exec. fol. 181. …u. 4.Nor the Box or Cheſt containing the Evidences of the Land; nor Doors, Locks or Keyes, nor Fiſhes in the Pond; nor Doves in Dove-houſes ſcituate in Lands belonging to the Heir; mIbidem.Nor Bona Paraphernalia, that is, the Wives convenient Apparel ſuitable to her Degree; nl. hac lege, & l. fin. C. de Pact. conven. ſup. Dot.For as they are not to be put into the Inventory of her Husbands Goods, ſo neither are they liable to the payment of his Debts; ol. ob maritorum. Cod. Ne uxor pro marito.But the Wives Jewels, Chains, and Borders, and other Rich Ornaments of her Perſon are to be put into the Inventory of her deceaſed Husbands Goods. pdict. Stat. 21 H. 8. c. 5.Alſo Debts due to the Teſtator are to be put into the Inventory: qGloſ. in l. Chirographus. ff. de Adm. Tuto.But Monies raiſed upon Lands given by the Teſtator for the payment of Debts or Legacies are not to be inſerted into the Inventory. rSt. H. 8. ubi ſupra.Likewiſe all Houſe-holdſtuff is to be put into the Inventory: under which word are comprized Tables, Stools, Forms, Chairs, Carpets, Hangings, Beds, Bedding, Linnen, Baſon with Ewers, Candleſticks, with all ſorts of Domeſtick Veſſels, whether of Earth, Wood, Glaſs, Braſs or Pewter; yea, Apparel, Books, Weapons, Tools, Cattel of all kind, Victuals, Corn, and Grain of all Sorts, Waynes, Carts, Plowgeare, Coaches; (though no Houſe-hold-ſtuff) alſo Plate and Jewels; and generally all things not affixed to the Free-hold, but coming to the Executor and not deſcending to the Heir, are to be Inventaried; but ſuch things as are affixed to, and ſo become part and parcel of the Free-hold, and all things that deſcend to the Heir, and come not to the Executor, are to be exempted out of the Inventory.
The Lady C. was poſſeſſed of divers Leaſes, and conveyed them in Truſt, and afterwards married with A. B. the Lady received the money upon the Leaſes, and with part of the money ſhe bought Jewels, and other part of the money ſhe left, and died; A. B. took Letters of Adminiſtration of the Goods of his Wife, and in a Sute in the Eccleſiaſtical Court, the Court would have compelled him to have given an account of the Jewels, and for the Money, to have put them into the Inventory; but the Opinion of the whole Court of B. R. was, That he ſhould not put them into the Inventory; becauſe the property of the Jewels was abſolutely in him as Husband, and he had them not as Adminiſtrator; but of ſuch things as be in Action, as he ſhall have as Adminiſtrator, he ſhall be accountable for, and they ſhall be put into the Inventory: And for the Monies received upon Truſt, it was reſolved, that the ſame was the Monies of the Truſtees, and the Wife had no remedy for it, but in Equity, and therefore the Husband ſhould have it as Adminiſtrator: And in that Caſe it was Reſolved, That if a Woman do convey a Leaſe in Truſt for her uſe, and afterwards marrieth, That in ſuch Caſe it lies not in the power of the Husband to diſpoſe of it: And if the Wife die, the Husband ſhall not have it, but the Executor of the Wife.sTrin. 15 Char. in B. R. Sir John St. John's Caſe.