AND as fince the fourth edition hereof was printed, there have been divers recent determinations in the court of chancery; the author has very minutely confidered all his former fubjects, and thereon' made large additions and improvements, both from thofe new decifions, and various momentous points difcuffed by the learned authors of the notes on the thirteenth edition of Lord Coke's commentary upon Littleton; the fourth edition of Mr. Peere Williams's reports, and other eminent authorities; which are carefully cited, as may readily be feen on turning to the notes and citations at the bottom of different pages throughout this book, from whence many of the additions and improvements made in the fifth edition hereof will appear confpicuous, and divers others by attention being had to the full print contained in a great number of pages, and enlargement of the alphabetical index. IN the firft impreffion of this work, entitled, "The Will which the Law makes, &c." care was taken in explaining the different kinds of eftates and effects a man might die poffeffed of, and in what manner the law would operate on failure of his having made any difpofition thereof; fhewing who would be entitled to the adminiftration of his perfonal eftate, and the method to be pursued by the adminiftrator for obtaining it; and after the fame was obtained, in what manner he should proceed for getting in the deceased's effects, and administering the fame by paying debts, and diftributing the furplus to fuch as were entitled thereto : likewife to whom the real estate would defcend; how far the fame fame might be liable to the ancestor's debts; the title an husband had thereto by the curtefy of England, and a wife with respect to dower. And herein care was also taken to explain the customs of the city of London and province of York, and to fhew how those varied from each other, and both of them from the law of the nation in general; in what manner diftribution was to be made amongst children, fome of whom had been advanced in their parents lifetime; and the effects of fuch advancement, both by the customs, and common and ftatute law. THE reception, and univerfal approbation, this impreffion met with from the Public in general, and gentlemen of the profeffion, incontrovertibly teftified its merit very shortly after it came out of press, in March 1785; near fifteen hundred copies thereof, being fold in the courfe of a few months after; and the fale of three other editions from the 25th of March 1786, to the 23d of January 1788, is an indisputable teftimony of the utility thereof, and the additions made thereto, while the work lay out of print for the purpose of adding that part whereof is entitled, "The Difpofal of a Perfon's Eftate by Will and Teftament;" whereon as well as on the former fubjects, very confiderable improvements being made, the work is rendered far more extenfively ufeful than heretofore. PREFACE PREFACE TO THE SIXTH EDITION. THE HE authenticity of this work, and its fingular ufe to the community at large, as well as to gentlemen of the profeffion, being fo well known and approved, we need here only inform our readers of the improvement and addition made in pages 58, 255 to 258, the former in purfuance of remarks lately published by Mr. MUCHALL, whereby a paffage is pointed out that appeared erroneous in the last edition, which an opportunity is now taken of correcting, and at the fame time acknowledging that, the author hereof will always be more happy in discovering and correcting an error, than maintaining and perfifting in it; and therefore with great pleasure declares his concurrence with Mr. MUCHALL'S opinion concerning the discharge of an apprentice on the death of his mafter. The latter improvement is an abstract of a late ftatute concerning the difpofal of, and methods to be pursued by, attorneys, executors, and adminiftrators, for obtaining wages, prize-money, and other allowances, due for the fervice of feamen on board his majefty's fhips. 2 EXPLANATION. FOR 'OR more eafy and expeditious discovering particular parts of this work, and fully explaining the fame to thofe totally unacquainted with the law, and fuch, who from the contents hereafter set forth, may be lefs apt than perfons converfant with law books, for discovering the heads of the different fubjects herein contained, or the particulars thereof, bý the alphabetical index; we fhall here, in three inftances, point out fome material parts of the book, whereof a speedy difcovery may be wifhed for upon an emergency, and afterwards make some obfervation with respect to administration, and explain the method of obtaining the fame and proving a will by commiffion : AND in the first instance, mention the cafe where a child may unexpectedly be informed of a father being dead inteftate, having left both real and perfonal eftate, and other children; one or more of whom were advanced by him in his life-time; and hath alfo left a widow, and a grandchild, or grandchildren. Now with refpect to the perfonal eftate, which implies money, goods, and things that go to the adminiftrator, defcribed page 28, SECT. 2d, to page 37; and is generally understood in contradiftinction to real eftate, defcribed in pages 86, 87. To find what share of the former accrues to the widow, children, grandchild, or grandchildren, refpectively, pursuant to the laws of England, fee page 66, SECT. 2d, to page 73. (where we have treated on diftribution, as fuppofing adminiftration to have been previously granted, as it is requifite that it should be, of which we shall again take notice in our procedure with this explanation). For the children, grandchild, or grandchildren's title to the real estate, fee page 87 to 89 ; A 4 and and for the widow's title to dower therein, fee page 96, SECT. 2d, to page 100. If the father were a freeman of London, fee page 103, SECT. 2d, to page 114. If he were an inhabitant of the province of York, fee page 114 to 122. 2. WHERE there is an only legitimate child, or grandchild, of a perfon dead inteftate, no other lawful begotten child of the deceased, or other defcendant being alive at his death, or born alive afterwards, and he hath left no widow; fuch only child or grandchild, whether male or female, will have the whole of the deceased's real and perfonal estate. Concerning the perfonal eftate, fee pages 73, 74. If the deceased were a freeman of London, or an inhabitant of the province of York, the cuftoms whereof do not extend to the grandchild, he will take the whole perfonal eftate by the ftatute law, as fee in pages 104. 111. 115; and as to the one child, fee pages 112. 118. If the deceased have left a widow, fuch only child, or grandchild, by the laws of England will have two thirds of the perfonal estate, and the widow one third; the fame as when there is more than one child to divide with the widow, as in page 81; but if the deceafed were a freeman of London, or inhabitant of the province of York, the cuftoms thereof entitle the widow to more than one third, as fee page 103, SECT. 2d, &c. and page 114, &c. With refpect to the deceafed's real eftate, fuch only child or grandchild must have the whole, fubject to the widow's dower, treated on page 96, SECT. 3d, to page 100. 3. WHERE a kinfman, whether he be a brother, nephew, uncle, &c. is informed of a relation having died inteftate, without any widow, child, grandchild, or other defcendant, and hath left both real and perfonal eftate; to find what of the latter accrues to the kinfman by his relation's decease, fee page 81 to 83. For a defcription of perfons who can |