said statutes do direct, viz. one third to the widow, and the remaining two thirds to the said child, or amongst the said children.

One third is due to the widow, by the said custom, Widow, children, one third to the children, the heir being excluded by heir. the said custom, from claiming any share; but the remaining third is to be divided in manner following, viz. one third to the widow, the rest among the children, including the heir, by virtue of the statute.

A moiety due to the widow by virtue of the custom, A widow, remaining moiety one-third to the widow, the rest to being an the child by virtue of the statutes aforesaid.

heir.

three

A moiety is due to the widow as her share by the Widow, custom; of the remaining part one third to the daughters widow, and the rest among the co-heiresses.

the

co-heiresses.

one child

ed, one in

part ad

One third of the whole is due to the widow as her Widow, share by the custom; and further, one third of the unadvanc. death's part by the statute, and as to the rest child in part advanced, must put what he has received in hotch-pot and then the whole is to be equally divided between them.

A third is due to the widow by the custom, and further one third of the death's part, all the rest is the child's.

vanced.

Widow, one in part

advanced,

Half to the widow, of the remainder, one third to Widow, the widow, the rest to the child.

One third is due to the widow by the custom, and one third more as her third of the death's part, the re

one advanced.

Widow, vanced &

one unad.

advanced,

an heir.

one in part mainder of the death's part is equally to be divided among all the children, whereof the heir is to be one, according to the statute; as to the remaining third part of the whole, called the children's part, the child in part advanced must put what he has received into hotch-pot, and then the whole is equally to be divided amongst them; the heir being excluded from this part according to the custom of the province.

Widow,

advanced,

and heir.

One third is due to the widow by the custom, and one in part further one third of the death's part; the remainder of the death's part to be divided equally between the children, by virtue of the statute; but as to the child or children's part, the heir having no title to it, it is all due to the child though in part advanced.

Widow,

one unadvanced

one in part

heir and

grandchildren.

The widow must first have one third of the whole clear residue, and further one third part of the death's advanced, part, according to the statute; the remainder of the death's part is also distributed by the said statute amongst the children, heir, and grandchildren, in four parts, in manner following, viz. one fourth to the child unadvanced, one fourth to the child in part advanced, one fourth to the heir, and one fourth to the grandchildren, as representatives of their father." But as to the remaining third, called the children's customary part, the child in part advanced may put thereto what he has received; and then the whole must be equally divided between the unadvanced and the in part advanced children, (the heir and grandchildren having no right by the custom,) and the advanced are always excluded; yet the heir, though advanced, has a share in the death's part.

Widow &

A moiety is due to the widow by custom, half the

dren.

remaining moiety to the said widow, and the rest grandchil among the grandchildren, as next of kin by the sta

tute.

no children

Half is to go to the widow, and half the remaining Widow & half to the widow, the rest to the next of kin, all equally amongst them, viz. a moiety as their due share by the custom, and the remainder of the death's part to be distributed in like manner, by act of parliament.

and no

One moiety amongst them equally to be divided as Children their share, due by the custom, (excluding the heir,) widow. the remaining part being the death's part, is to be divided in like manner, including the heir, by virtue of the statute.

All to him or her as next of kin.

One moiety to the child unadvanced, as his tomary share; the remaining moiety equally to divided between them by the statute.

cus

One child

and no widow.

One child be unadvanc

All to the heir, the advanced having had his full share, and therefore excluded, both by the statute and the custom.

All to the unadvanced, for the reasons aforesaid.

All to the one in part advanced.

All must be put in hotch-pot, and equally distributed between them.

ed and an heir.

One adand heir.

vanced,

One advanced, & one unadvanced. One advanced

and one in

part advanced, One in part advanced, & 2 unadvauced.

A moiety, being the child or children's part, is due Heir, and

one in part to the child, although in part advanced, (the heir having

advanced.

Heir, one

in part ad

one unad

vanced.

no title to the children's part, by the custom,) but the other moiety being the death's part, is equally to be divided between them by the statute.

One moiety is the child or children's part, by the vanced, custom, (excluding the heir,) but he in part advanced must put what he has into hotch-pot and then the said child's part must be divided between them, and the other part being the death's part, must be equally divided amongst them, including the heir, by virtue of the statute.

Three daughters, coheiresses

One child, heir, & unadvanced.

Three co

Equally amongst them, by virtue of the statute.

All to him as next of kin.

All must be equally divided between them, without one being any consideration had of the advancement by the sta

heiresses,

advanced.

A daugh

ter, grandchildren,

by a son,

tute.

A moiety is due to the daughter by the custom, and the other moiety being the deathi's part, is distributed (the heir) by the statute, viz. one moiety to the said daughter, the rest to the grandchildren, as representatives of their father.

advanced.

sisters, and

All equally amongst them, but the children are to Brothers & have shares according to their several stocks or brothers' branches from which they are descended.

and sisters' children.

All equally amongst them, (per capita) they being Brothers' in equal degree of kindred.

All to him or her, there being neither widow, children, father, mother, brother, sister, or their children.

Equally amongst them, as next of kin.

and sisters' children.

Grandfa grandmo

ther or

ther.

Grandchildren.

Uncles and

In like manner.

aunts.

In like manner.

The custom of London is the same, unless in a case where the eldest son has lands by descent, or by limitation in his father's marriage-settlement, which by that custom is no advancement.

Cousins

german.

SECTION XII.

Of the Liabilities, Dangers, and Defaults of Ex

ecutors.

IT is needless to enumerate among the instances of misconduct in an executor plain acts of embezzling, or consuming his testator's property. The law makes