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[001] Expenses in connexion with the funeral ought also to be deducted beforehand.
[002] Also the necessary expenses of the wife throughout her quarantine, unless her
[003] dower is earlier assigned her.1 When all these have been deducted from the
[004] deceased's goods, what is left will be his peculium. If nothing remains, or if at his
[005] death the deceased had no goods, his heir will have to assume [these] burdens.2
[006] If after deducting his debts and the necessary expenses mentioned above [something
[007] then remains], 3let that be divided into three parts, the first to be left to his
[008] children, if he has children, the second to his wife, if she survives him, and let the
[009] testator be free to dispose of the third as he wills.4 If he has no children, then let
[010] one half be reserved for the deceased and the other for the wife. 5If he dies without
[011] a wife but with children, then let one half be assigned to the deceased and the other
[012] to the children.6 If he dies without wife or children, then the whole will remain at
[013] the deceased's disposal. And so if the deceased was from the first wholly free of
[014] debts. Let his goods be administered in the way described.7 The heir of a deceased
[015] person will only be bound to discharge the debts of his predecessor to the extent that
[016] assets come to him from the heritage of the deceased and no further,8 unless he wishes
[017] to pay them as a matter of favour; a fortiori he is not bound if nothing comes to him.
[018] But if anything comes to him from another source it would be shameful if the debts
[019] of his parents should remain unpaid. 9[Unless there is a custom to the contrary, as in
[020] cities, boroughs and vills. The city of London, for example, has the custom that if a
[021] specified dower is settled on the wife, whether in money or other chattels, as in
[022] houses or other things taken to have the status of chattels, she may rightfully
[023] claim nothing more, except by her husband's grace and favour, [that is], if he
[024] leaves her something specially in addition to her dower, much or little, depending
[025] upon whether or not she deserved well of him in his lifetime.10 The reason why she
[026] cannot claim anything more than the dower settled upon her [according to some]
[027] is because, before any debts are paid, she will take the whole of her dower, or part
[028] of it if only that much remains in her husband's estate. And since she is thus to
[029] have the whole of her dower before any distribution, so, conversely, if her husband's
[030] [estate] is large and exceeds her dower she will take no more than her named dower,
[031] unless as a matter of special favour, as aforesaid, and if it is well deserved. And the
[032] same rule must be followed [according to some] as to the children of such persons,
[033] that is, that they shall rightfully take no more of the deceased's estate, of his
[034] movable property, I mean, than was specifically left them, except by favour of the
[035] testator, as in the case



Notes

1. Infra 275

2. Infra 281

3-4. Glanvill, vii, 5: ‘Cum quis in infirmitate positus testamentum facere voluerit, si debitis non sit involutus, tunc omnes res eius mobiles in tres partes dividentur aequales, quarum una debetur heredi, secunda uxori, tertia vero ipsi reservatur, de qua tertia liberam habebit disponendi facultatem, verum si sine uxore decesserit medietas ipsi reservatur.’; 8: ‘Verum si post debitorum acquietationem aliquid residuum fuerit, tunc id quidem in tres partes dividetur modo praedicto, et de tertia parte suum ut dictum est faciat testamentum.’

5-6. Ibid.

7. The portion infra n. 9 belongs here

8. Cf. Glanvill, vii, 8: ‘si vero non sufficiant res defuncti ad debita persolvenda, tunc quidem heres ipse defectum ipsum de suo tenetur adimplere’

9. Supra n. 7; om: ‘Et ea ... et tenent,’ redactor's introductory phrase

10. Infra 271


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