IN the first 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 purfued by the administrator 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 might be liable to the ancestor's debts; the title an husband had thereto by the curtesy 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 thofe 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 prefs, in March 1785; near fifteen hundred copies thereof being fold in the course of a few months after; and the fale of three other editions from the 25th of March March 1786, to the 23d of January 1788, was an indifputable teftimony of its utility, and the addition made thereto, of that part entitled, "The Difpofal of a Perfon's Eftate by Will and Teftament;" whereon as well as on the former fubjects, very confiderable improvements having been made in the fifth and fixth editions, the work was rendered far more extensively ufeful than before. PREFACE TO THE SEVENTH EDITION. HE numerous decifions in the court of chan ΤΗ cery and courts of law, fince the fixth edition of this work was printed, having afforded an opportunity for large improvements on the former subjects, the utmost care has been taken to felect fuch of those decifions as applied thereto, and from thence to add a great variety of points which till of late were undetermined; and hereby we have been enabled to afcertain fome that in former editions were fufpended, and likewise to enlarge confiderably on our different fubjects; by which procedure, although care has been taken to bring the work into a narrow compafs by filling the pages much fuller than heretofore, we have been obliged to increafe near fifty pages, and greatly enlarge the alphabetical index. FROM the different fubjects herein contained may be perceived, the author has conftantly had his line of practice A 3 practice in view, and throughout the following fheets made digreffions, by frequently attending to divers momentous points more immediately relating to the business of a conveyancer, than ever was attended to in any other work of this fort.-Upon this ground he hath now raised a superstructure, and enlarged on what he had here touched on, and from thence copiously treated or other fubjects peculiarly adapted to conveyancing, in a work entitled "The TRADER's and CONVEYANCER'S GUIDE and GUARD," which being nearly ready for printing is cited in different parts of the following sheets, and would have gone to press fhortly after this came out, had it not been intercepted by the call there now is for the second edition of his work published under the title of an "Explanation of the Law concerning Bills of Exchange, &c." which will be printed as expeditious as poffible under the title of "The TRADER'S SAFEGUARD, or EXPLANATION OF THE LAW concerning BILLS OF ExCHANGE, &c." as herein very large additions to and improvements on the former fubjects are made, with a view to furnish merchants, traders, and gentlemen of the profeffion, with a perfect knowledge of the law as it now ftands relative to bills of exchange and promiffory notes; the mode of proceeding in actions brought thereon, and evidence requifite for maintaining or defending the fame; the fatisfaction that may be obtained by an action, or proving under a commiffion of bankruptcy; the various frauds and forgeries that have been practifed on bills and notes, and the punishments for the fame. City-Road, Moorfields, EXPLANATION. FOR OR more easy and expeditious difcovering particular parts of this work, and fully explaining the fame to those 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, by 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 fome obfervation with refpect 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 also 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 administrator, defcribed page 28, SECT. 2d, to page 37; and is generally understood in contradiftinction to real estate, defcribed in pages 86, 87. To find what fhare of the former accrues to the widow, children, grandchild, or grandchildren, refpectively, pursuant to the laws of England, See page 66, SECT. 2d, to page 73. (where we have treated on distribution, as fuppofing adminiftration to have been previously granted, as it is requifite that it fhould be, of which we fhall again take notice in our procedure with this explanation). For the children, grandchild, or grandchildren's title to the real estate, See page 87 to 89; A 4 and and for the widow's title to dower therein, See page 96, SECT. 2d, to page 100. If the father were a freeman of London, See page 103, SECT. 2d, to page 114. If he were an inhabitant of the province of York, See 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 eftate. Concerning the the perfonal eftate, See pages 73, 74. If the deceased were a freeman of London, or an inhabitant of the province of York, the customs whereof do not extend to the grandchild, he will take the whole personal eftate by the ftatute law, as, See in pages 104. 111. 115; and as to the one child, See pages 112. 118. If the deceafed 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 deceased were a freeman of London, or inhabitant of the province of York, the customs thereof entitle the widow to more than one third, as, See page 103. SECT. 2d, &c. and page 114, &c. With refpect to the deceased'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 ha ving 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 deccafe, See page 81 to 83. For a defcription of perfons who can |