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fubfcribed by witnesses, and fairly wrote (as it should
fometimes almost unavoidably happen, it is well to make mention in the attestation, before the witnesses subscribe their names thereto; as in N° V. pages 231, 232. Concerning a will not properly executed, we have taken notice in page 154.
When it is requisite for administration to be ed with the will annexed, as treated on in pages 192, 193, 194; the deceased's will should be sent
and mention made of the day or time on which he died, and the value of his goods, chattels, and credits, with the names of any two clergymen in the neighbourhood; and here attention must be had to the kind of administration wanted; as whether it be during the minority of an infant or infants, or where a teftator hath died without naming any executor, or named incapable persons, or if it be where all the executors named refuse to act. Either of which cases describe; and if it be during the minority of an infant or infants, who were appointed executors; mention his or their christian, surnames, and ages; the christian, surname, relationship to the deceased, and description of the person applying. And in either of the other cases, mention the christian and surname of the person who applies, and describe him as relation, devisee, &c. of the deceased, [as may be the casel. So hereby a proctor may be enabled to obtain the commission and adıniniftration for his employer.
Thus having laid down the method of proceeding to obtain administration and probate of a will by commission, we may now observe that, when instructions are fent up for a proctor to obtain a commission by, care should be taken that the names, &c. fent up be spelled right; for although false spelling will not render the commission void, yet it will increase the expence thereof.
Of Intestates. Of Administration; why it should be
obtained, and who are entitled thereto. By whon it is to be granted. The Method of obtaining it, and the Expence thereof,
Sect. I. Of Inteftates,
ed, and who are entitled thereto,
is to do before it is granted,
nistration, [further mention whereaf is made,
Þ. 191, 192.]
may be revoked
с н А Р
SECT. I. What the administrator is to observe before
he makes distribution ; and on what stamps
he is to have a discharge,
SECT. II, How the law disposes of a wife's real estate ;
or the law concerning a tenancy by the cur-
tesy of England,
CH A P. V.
Estates to be fo disposed of as not to be rendered unalienable after a certain time,
CHA P. II.
Of making the Will,
138 Persons being under special prohibition by law or cus
tom, as for want of sufficient discretion, or for want of fufficient liberty and free will, or on account of
their criminal conduct, obliged to die intestate ib. The manner of making the will, whereby both real and
personal estate is given or bequeathed, and where the will only concerns personal estate,
148 Who may be made executors; and of whom the testa
tor should beware of appointing. Who may be devisees and take by devise ; and the manner of their taking real and personal estate by will,
155 The manner of bequeathing to married women and
infants; and of appointing guardians. Conditions not to trouble executors, and for preventing indir
creet marriages, The nature and effects of a gift in case of death, and of a nuncupative or verbal will,
CH A P. III.
Of revoking the Will,
how it may be revoked by acts in law, and alteration