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grant

fubfcribed by witnesses, and fairly wrote (as it should
be) in one hand-writing, without interlineations or
alterations, or as few as possible of which, and as a
few
may

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

up,

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.

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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,

Page 1

ib.

6

Sect. I. Of Inteftates,
II. Of Administration; why it should be obtain-

ed, and who are entitled thereto,
III. Where and by whom administration is to be

granted,
IV. What the person applying for administration

is to do before it is granted,
V. The fees and expence of obtaining the admini-

nistration, [further mention whereaf is made,

Þ. 191, 192.]
VI. How and for what reason the administration

may be revoked

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CHAP

Estates to be fo disposed of as not to be rendered unalienable after a certain time,

Page 133

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,

161

157

CH A P. III.

163

Of revoking the Will,
How the will is revocable by the statute of frauds, and

how it may be revoked by acts in law, and alteration
of circumstances whereto the statute does not ex-
tend,

ib. How

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