Age of Executor of Will

[Mary C]

I have two Williams - both grandsons of Joan Hyrne (who died in 1560) and I'm trying to find out which one is my line. I know his date of birth was 1548. There is a William, son of Joan's eldest son (Robert) who is named in Robert's Will as his executor but was only 14 years old at the time.

The other William was the son of Joan's son John. I don't know his age except that he was alive at the time of her Will in 1560.

Would 14 years of age be unlikely for an Executor. There were no others named.

Mary

[Coromandel]

From Giles Jacob's 1750 New law dictionary on Google Books:

'An Infant may be an Executor; though he cannot act till he is seventeen Years of Age; and until that Time Administration durante Minori aetate is to be granted. 6 Rep. 67. 4 Just. 335.

Whether this law was in force two centuries earlier, I do not know. Perhaps someone who understands what
'6 Rep. 67.' and '4 Just. 335' refer to might be able to work out a date.

If the executor was under age, I would expect someone else to be appointed as administrator of the estate during the executor's minority. Look out for the phrase 'durante minori aetate' in the Latin blurb about grant of administration.

[malcolm99]

Perhaps someone who understands what
'6 Rep. 67.' and '4 Just. 335' refer to might be able to work out a date.



Cardiff University’s Index to Legal Abbreviations says that “Rep.” refers to 'Coke's King's Bench Reports'. Jurisdiction – England and Wales; Period – 1572-1616.

So it seems to be round about the right period anyway.

[Mary C]

Many thanks to you both. The Will left the residue of Robert's leases, lands rents etc. to 'William my son whom I make my full and whole Executor"
I think this probably means that William was older than 14 (i.e. not born in 1548) and that the William who was born in that year was the son of John (Roger's brother).
Again, thank you
Mary