How the revocation might be rectified. The nature

and effects of a codicil, and republication of a former

will,

-

Page 167

170

Various cafes in which a man may die both testate and

inteftate,

CHA P. IV.

Of proving the Will,

173

ib.

181

What an executor may do before the will is proved,

and the reason why it should be proved,

Confiderations whether it is prudent for the executor to

take upon him the executorship, or to refuse it,

The will which concerns both real and perfonal estate

or perfonal estate only; of where and by whom the

probate thereof is to be granted: How the will may

be proved in common form, or form of law, and

the end and purpose of proving it either way. For

proving the will in common form the
power an ex-

ecutor has for compelling the ordinary to grant the

probate, and what may obftruct his obtaining the

fame; the form of the executor's oath previous to

obtaining it; and the expence thereof,

Cafes wherein adminiftration must be granted with the

will annexed; and the manner of thus granting it,

The method of proving a will in chancery,

A will to be registered if it concern real estate or cer-

tain chattels real in the counties of York and Middle-

fex. How a complete registry may be effectuated,

In what courts fuits must be brought for proctors fees;

and the manner of taxing their bills,

a 2

187

192

195

198

CHAP.

CHA P. V.

Of Executors and fuch Adminiftrators who have

the Adminiftration granted with the Will an-

nexed,
Page 199

The power executors and adminiftrators have, and what

they are interested in. Their getting in the de-

ceafed's effects, and what fhall be affets in their

hands to make them chargeable. Their office and

duty in paying debts and legacies,

Debts barred by the ftatute of limitations; and fome

to be paid with intereft,

ib.

202

Of legacies, when the fame are to be paid, and what

intereft fhall be allowed thereon,

205

What executors are to obferve before they pay lega-

cies; and with refpect to paying infants and married

women,

209

In what courts legacies are to be fued for; and cafes

in which fecurity may be required for paying the

fame,

213

Of legacies and bequefts to charitable uses,

214

APPENDI X.

Containing divers Forms of Wills, with Notes and

Obfervations thereon.-The Form of a Codicil and

of Releafes or Difcharges for Legacies, &c. with

Inftru&tions relative to writing and executing thofe

Difcharges,
Page 225

1. Form of a will whereby a man poffeffed of very

confiderable perfonal estate, gives the whole to

his wife,

Page 226

2. Whereby an unmarried woman bequeaths money,
houfehold-goods, and other perfonal estate,

-

3. Whereby a widow bequeaths goods, and houses

held by leafes for terms of

years,

-

4. Whereby a married woman by virtue of her fettle-

ment bequeaths perfonal eftate,

-

227

228

229

5. Whereby a man bequeaths money, goods, &c. ... 231

6. Whereby a man bequeaths his stock in trade and

other personal estate, to trustees in truft for his

children,

233

7. Whereby a man devises real estates, copyhold

eftates of inheritance, several annuities, personal

eftate and effects,

237

8. Whereby a man only devifes his real estate charge-

able with an annuity,

243

29. Form of a codicil,

245

246

10. Of a nuncupative will,

11. Of a release or discharge for a legacy, with direc-
tions how to recover the stamp if the writing
thereon is spoiled,

ib.

247

Directions for writing and executing deeds,

12. Form of a discharge to executors where the teftator

bequeathed the refidue of his eftate and effects to

trustees, upon truft for his children, with a bene-

fit to the furvivors, if either should die under age, 248

13. Of a discharge to executors by husband and wife,
14. Of a release by a new administrator, on settling
with, and receiving goods unadministered from
the old,

15. Of a letter of attorney for proving a will and doing

other business for the executor,

251

253

254

Abstract of a late ftatute relative to letters of attor-

ney, wills, &c. of feamen in the King's fervice, ib.

a 3

ERRATUM.

Page 232, in the atteftation, after the word, interlined, dele, as and for his laft will and teftament.

Of Inteftates. Of Adminiftration; why it should be obtained, and who are entitled thereto. By whom it is to be granted. The Method of obtaining it, and the Expence thereof. How the fame may be revoked.

OF

OF

SECTION THE FIRST.

INTESTATES.

HERE are divers kinds of inteftates.

TH

One that

makes no will at all; another that makes a will and executors, and they refufe to act:

in this case he

dies quafi inteftatus; that is, as if inteftate. But this latter is not that kind of inteftacy here intended for in this case the law does not difpofe of the estate; as here administration is to be granted cum teftamento annexo, that is, with the tes tament annexed; and then the duty of the administrator is very little different from that of an executor; he being to adhere to the teftament, which is to be his guide in difpofing of the estate and effects of the deceased. But as the former is that which is here intended, we shall briefly take notice of the diftinction Wentworth makes between a will and a b Black, Com. 2 V, 504.

a 2 Inft. 397.