447 ;  Com.  Dig.  Admrs.  B.  2 ;  Wentw.  Off.  "  But  if  the  husband,  though  the  will  be

Ex.  c.  I,  p.  39  (14th  ed.).  not  proved,  administers  as  in  the  wife's

There  are,  however,  authorities  in  favor  right,  though  against  her  consent,  she  will

of  the  capability.    Swinb.  pt.  5,  sect.  9 ;  thereby  be  so  far  bound  and  concluded,  as

Oodolph,  pt  2,  c.  I,  sect,  i ;  i  Roll.  Abr.  that  during  his  life  she  cannot  decline  or

tit.  Executors  T.  7.    Citing  12  E.  4,  ^  b.  avoid  the  executorship;  but  after  his  death

The  general   tendency  of  authority  in  she  may  refuse,  if  she  has  never  intermed*

172


WlM  Is  Mpabto  oC  AND  ADAf/N/ST/^ATOJ^S.Utvmiagl&XBOutoT.JtUf

administers,  and  an  action  subsequently  be  brought  against  them,
they  will  be  estopped  from  pleading  that  she  was  not  executrix.*
Infancy  is  no  disqualification,  even  though  the  infant  be  en  i/entre
sa  mire ;  *  yet  modern  statutes  disqualify  an  infant  who  has  been
appointed  executor  from  exercising  the  functions  of  his  office
during  minority ;  and  letters  cum  testamento  annexo  are  issued  to
some  fit  person  until  he  attains  his  majority.^  In  the  absence  of
express  legislation,  the  character  of  the  person  designated  for  the
oflfice  by  the  testator  is  not  before  the  court,  and  immorality  is  no
ground  for  a  refusal  to  qualify.*  Upon  the  same  principle,  pov-
erty, or  even  insolvency,  is  no  objection  ;  and  a  peremptory  man-
damus lay  to  the  judge  of  the  prerogative  court  on  refusal  to  issue
letters.*     In   consequence   of   these   decisions,   courts  of   equity

died  with  the  administration.  A  distinction  Goods  of  Weir,  2  Sw.  &  Tr.  451 ;  Brother-
is  taken  between  the  case  of  a  woman  made  hood  V,  Harris,  2  Cas.  Temp.  Lee,  131.
