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THE CESTUI QUE VIE ACT 1540 (32 Hen. 8 c.

37) [Extracted from HaIsbury's Statutes of England (2nd edition), Vol. 9, p. 655] For recoving of Arrerages by Executors & Administratols. Arrears of rent, etc. not recoverable by executors, etc. at common law.-Forasmuch as by thordre of the comon lawe thexecutours and administratours of (tenants) in fee simple (tenants) in fee taile & (tenants) for terme of lifes of rentis services rent charges rente (seck) and fee fermes have no remedy to (recover) such arrerages of the said rentis or fee fermes as were due unto their testatours in their lifes, nor yet the heires of suche testatour nor army (person) having the reversion of his estate aftre his deceace may distraine or have anny laufull action to levye army suche arrerages of rentis or fee fermes due unto him in his life as is aforesaid; by reason whereof the tenantis of the [demayne l] of suche landis tenementis or hereditamentis out of the whiche suche rentis were due and paieable who of right [out 2] to pay their rentis and fermes (3) suche daies and termes as they were due, doo many tymes kepe holde and retaine such arrerages in their owne handis, so that thexecutours and administratours of the (persons) to whome suche rentis or fee fermes were due cannot have or (come) by the said arrerages of the same towardis the payment of the dettis and (performance) of the will of the said testatours; for remedy wherof be it enacted by auctoritie of this (present) (parliament) that [1.] Executors, etc. may maintain action of debt for arrears of rent due to testator; or distrain the immediate tenant.-The executours and administratours of (every) suche (person) or (persons) unto whome any suche rent or fee ferme is or shalbe due and not paid at the tyme of his deathe shall and may have an action of dett for all suche arrerages, against the tenant or tenantis that ought to have paide the said rent or fee fermes so being behinde in the life of their testatour, or against thexecutours and administratours of the said tenantis: And also furthermore it shalbe laufull to (every) suche executour and administratour of any suche (person) or (persons), unto whome suche rent or feferme is or shalbe due and not paid at the tyme of his deathe as is aforesaid, to distraine for the arrerages of all suche rentis and fee fermes upon the landis tenementis and other thereditamentis whiche were charged with the payment of suche rentis or fee fermes, and chargeable to the [distrees'] of the said testatour, so longe as the said landis tenementis or (') hereditamentis contynue remaine and be in the season or possession of the said tenant in [demaine] who ought ymmediately to have pald the said rent or fee ferme so being behinde to the said testatour in his life, or in the season or possession of anny other (person) or (persons) clayming the said (lands) (tenements) & hereditamentis onely by and from the said tenant by purchace gifte or discent; in like maner and fourme as their said testatour mought or ought to have doon in his life tyme, and the said executours and administratours shall for the same distresse laufully make avowry uppon their matier afforesaid.

3. Husband may recover rent due in right of his wife deceased.And .... if army man which nowe hathe or heraftre shalhave in the right of his wif army estate in fee symple fee tail] or for terme of life 1 demeane 0. 2 ought 0. 3 atte 0. 4 distresse 0. 5 other 0. 6 demeane 0. of or in any rentis or fee fermes, and the same rentis or fee fermes nowe be or herafter shalbe due byhinde and unpaid in the said wifes lif, [than 1] the said husbaund aftre the death of his said wife his executours and administratours shall have an action of dett for the said arrerages against the tenaunt of the demeane that ought to have paid the same his executours or administratours, and also the said husbaund after the death of his said wife may distraine for the said arrerages, in like manner and fourme as he mought have doon yf his said wif had ben [than 1] lyving, and make avowry uppon his said matier as is aforesaid. 4. Persons entitled to rents, during the life of another, may recover the same after death of cestui que vie- . . . . yf any (person) or (persons) whiche nowe have or herafter shalhave any rentis or fee fermes for terme of life or lyves of anny other (person) or (persons), and the said rent or fee farme nowe be or heraftre shalbe due behinde and unpaid in the life of suche (person) or (persons) for whose life or lifes the estate of the said rent or fee ferme did depend or contynue, and aftre the said (person) or (persons) doth dye, [than 1] he unto whome the said rent or fee ferme was due in fourme aforesaid, his executours and administratours, shall and may have an action of dett against the tenant in demeane that ought to have paid the same whan it first was due his executours and administratours, and also distrayne for the same arrerages uppon suche landis and tenementis out of the whiche the said rentis or fee fermes were yssuyng and payeable, in suche like maner and fourme as he ought or might have doon if suche (person) or (persons), by whose deathe the aforesaid astate in the said rentis and fee fermes was determined and expired, had ben in full lif and not deade, . . . . Note:Words in round brackets represent words which cannot be reproduced locally in their original type.