can have no claim as kindred, fee pages 84, 85. For the kinfman's title to his deceafed relation's real eftate, fee page 89 to 93. -If the deceased hath left a widow and no child, or lineal defcendant, by the laws of England, she shall have one half of his perfonal estate, and his next of kin the other, as fee in page 73: But by the custom of London, and province of York, fhe hath confiderably more than one half, as fee page 104. 112. 119. Yet with refpect to the deceafed's real eftate, this muft go to his heir at law, treated on page 89 to 93. But fubje&t to the widow's dower, treated on page 96, SECT. 3d, to page 100.

THE heir at law to the deceased, where there is no lineal defcendant, may be one that may have no claim to any share of his perfonal eftate, or he may be the person who alone is entitled to both the real and perfonal eftate, or it may be that he may folely be entitled to the real eftate, and only a fhare in the perfonal. This depends on what kindred the deceafed hath left, and may be clearly comprehended if due attention hath been had to the parts of this work already pointed out; as in the firft inftance we gave a hint concerning perfonal, and real eftate, that the former was defcribed page 28, SECT. 2d, to page 37; the latter in pages 86, 87; and this was done with a view to furnifh the reader with a juft conception of, and difference between the former and the latter. In our third instance; for finding what of a deceased relation's perfonal eftate accrues to a kinfman, we mentioned page 81 to 83; and for a defcription of perfors who could have no claim as kindred, referred to pages 84, 85; and then for difcovering the kinfman's title to his relation's real eftate, we mentioned page 89 to 93: which being duly attended to, with what has been mentioned concerning the deceafed's widow, the reader may clearly perceive in what manner kindred will be entitled to an inteftate's real and personal eftate, where there is no lineal defcendant.

AND

AND now the child, grandchild, kinfman, and widow, having, as it may be prefumed, difcovered what accrues by a parent, relation, or husband, dying inteftate, and if it be real estate, which defcends to the heir, hath feen in page 87, that the law cafts the fame upon him immediately on the death of his ancestor. But if it be perfonal eftate, we must obferve the cafe is different; and that for obtaining this, administration must be taken; which being fully treated on in the former part of this work, and fo plainly appearing at the beginning of the contents thereof, viz. from page 2, SECT. 2d, home to the beginning of SECT. 6th, page 18, that it needs no further explanation; therefore we fhall in our further proceeding, only explain the method of obtaining administration and proving a will by commiffion; as when an adminiftrator, or executor, is ill, or lives at a great distance from London; and previous hereto, mention the manner of proving a will and doing other business for an executor by letter of attorney; and by what has been here pointed out, and the affiftance of the enfuing contents, it is prefumed, any reader will be enabled readily to discover, and fully comprehend the fubjects treated on throughout this work.

WHEN adminiftration or probate of a will is to be obtained from the prerogative court; as when the deceased hath left goods in two bishops dioceffes (treated on page 6, SECT. 3d, to page 13); and the administrator, or executor, is ill, or lives at a great distance, the ufual and proper method of obtaining the administration, or probate, is by commiffion, of which we are about to treat; but previous hereto, we may obferve, that where the deceased hath died beyond fea, the ordinary will admit of his will being proved by a perfon empowered by letter of attorney from the executor; and hereby two purpofes may be answered, viz. the purpose of proving. the will and doing other bufinefs for the executor; the form whereof fee, in page 254, N° XV. with

an

an abstract of a late act of parliament relative to letters of attorney and wills made by feamen in the king's fervice, and the fteps to be taken to recover what is due to fuch of them as die inteftate.

WHERE it may be requifite for letters of adminiftration to be obtained by commiffion iffued from the prerogative court, and the perfon or perfons entitled thereto (defcribed in pages 2, 3, 4, 5) being ill, or live at a great diftance; it is ufual to fend up his or their chriftian and furnames, ftating the relationfhip, by defcribing him or them, as the widow, child, father, brother, &c. of the deceased, with which may be fent his or their additions, viz. pla ces of abode, and trades or cccupations, to any reputable person, friend, or acquaintance, refiding in or about London; the chriftian and furname, trade or occupation, of the deceafed, the day or time on which he died, mentioning the value of his goods, chattels, and credits, with the chriftian and furnames of any two clergymen in the neighbourhood. This the friend or acquaintance, to whom fent, takes to any one of the proctors belonging to the prerogative court, and thereby the proctor procures a commiffion for his employer to fend to the administrator, who takes the fame to the clergymen, and after having made oath before them, that the deceased died without will, &c. and executed a bond with two fureties (fimilar to the forms contained in pages 13, 14, 15) and one of the clergymen hath figned the commiffion, the adminiftrator fends back the commiffion and bond to his friend, who takes the fame to the proctor, and in the courfe of a few days after, provided 14 days are then expired from the time of the deceased's death, of which mention is made in page 13, SECT. 4th, receives of him the letters of adminiftration, and pays the proctor fuch fum as fhewn, page 192.

WHEN the right of adminiftration devolves upon. an infant, treated on in page 5, and again mentioned a If the adminiftrator or deceafed hath used the title of Efquire, defcribe him thus.

page

page 124; it is ufual to fend up an account of the deceafed in manner before mentioned, mentioning the day or time on which he died; and herewith it is requifite that an inventory of his goods, chattels, and credits be fent; the names of any two clergymen of the neighbourhood; and the chriftian, furname, and relationship, of the perfon or perfons applying; and the christian, furnames, and ages, of all fuch legitimate children as the deceafed hath left; the first of whom attaining 21 years of age being entitled to the administration, as we shall again presently mention: fo if the deceased hath left no legitimate child or children, but brothers or fifters, or children of his brothers or fifters, on whom the right of adminiftration devolves, and the firft of whom on attaining 21 years of age will be entitled thereto; mention their refpective names and ages, likewise the chriftian, furname and defcription, of the perfon or perfons applying for the adminiftration. And as on either of the infants attaining 21 years of age this adminiftration ceaseth, and thereon a new administration must be granted; for obtaining the fame, fend up an account of what value the deceafed's perfonal estate is then of, the chriftian and furname of the child who hath attained his or her age, with the chriftian and furnames of the deceased's other children then surviving; fo if it be brothers or fifters, or children of the deceased's brothers or fifters, with. the names of any two clergymen then in the neighbourhood; and hereby a commiffion will be obtained and the bufinefs done by the affiftance of a proctor as before mentioned.-When this latter adminiftration is obtained, it is usual for the new adminiftrator on fettling with the old, and receiving the goods unadministered, to give him a general release; a form whereof, fee in page 253, N° XIV.

WHERE the deceafed hath left a will in writing duly executed, and the fame is intended to be proved in common form, as treated of in pages 188, 189, the executor or executors ufually fend up his

or

or their christian, and furnames, with the chriftian, furname, and place of abode, of the deceased, the day or time on which he died; mentioning the value of his goods, chattels, and credits, with the chriftian. and furnames of any two clergymen of the neighbourhood; whereupon the friend fent to, obtains a commiffion through a proctor, and fends to the executor, who, after taking it to the clergymen and making an affidavit fimilar to the oath contained in page 190, returns it figned by one of the clergymen to his friend, with the deceafed's will annexed; and the fame being delivered to the proctor he generally procures the probate in the courfe of 3 or 4 days after, and thereon is paid for the whole business fuch fum as may be perceived by what is mentioned in pages 191, 192.

IF a will is not properly executed aud attefted by witneffes; where the deceased wrote the fame himself, before it can be proved in the ecclefiaftical court, it is requifite that his hand-writing be proved by an affidavit of two difinterested perfons; or if another perfon wrote it, that the writing or will produced is the will of the deceafed. And if there fhould be material interlineations or alterations made in a will not of the teftator's own hand writing, an affidavit is also required of fome perfon to prove that fuch were made by the teftator's direction. And under fuch circumftances as thofe, the will fhould be fent up in the firft inftance with the clergymen's names, mentioning the time of the deceafed's death, and the value of his goods, chattels, and credits; and thereby the proctor will be informed how to proceed with refpect to the commiffion, and when the fame is obtained he will deliver it with the will annexed to his employer, who fending it to the executor has the fame returned, figned by one of the clergymen, and then delivers it to the proctor, of whom he receives the probate to fend down in the courfe of a few days after. But here we muft obferve there will be confiderably more expence than when the will is properly executed; fubfcribed