from Cro: Car: 8 7 9. the case of Sir Upwell [ILL] – qu. V.
sir Upwell Caroon, an alien born, and not made Denison, (being agent here for the State of the Low Countries) died intestate. And now contestation was made to whom administration should be committed. For the Judge of the Prerogative offered to commit it to three of his brothers and sisters children, who were aliens born, and lived in the arch Dutchess country. But one who was Grand child of his Sister, born in England and inhabiting here endeavouring to obtain it, moved, That of right appertained unto him, being a Denison; because the estate consisted in Leases for years, of, lands, and personal estate in debts, and that Aliens may not have Leases for years, although they may have personal things, and therefore prayed a Prohibition, sed Curia advisare vult. Afterwards in Michaelmas Term, being again moved, It was resolved by the whole Court, That no Prohibition was grantable: For an alien may be administrator, and have administration of Leases, as well