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II. Of the probate bona notabilia, and in general of evidence
of wills in all courts
III. Of the letters or grant of administration
IV. Of particular and supplementary administrations, and
such as are granted on the death of an Executor or
Administrator intestate
V. Of the power and interest of an Executor or Administra-
tor, in respect to the Testator's property
VI. Of the remedies at law and in equity
VII. Of the duties of an Executor in respect to the funeral
and official charges, and payment of debts
VIII. Of the duties of executors as to the payment of legacies
IX. Of distribution by an administrator
X. Of distribution by the Custom of London
XI. Of distribution by the Custom of York
XII. Of the liabilities, dangers, and defaults of Executors
XIII. Of the effect of promises by Executors and Adminis-
trators, to satisfy claims upon the estate of the testator or
intestate
APPENDIX.
54
68
72
78
87
96
104
124
131
135
143
157
Of the Statutes
165
29 Car. 2. c. 3. An act for the prevention of frauds and per-
juries
ibid
9 Geo. 2. c. 36. An act to restrain the disposition of lands,
whereby the same become unalienable
171
14 Geo. 2. c. 20. Surplus of estates pur auter vie, how to pass, if not devised
175
25 Geo. 2. c. 6. An act for avoiding and putting an end to cer-
tain doubts and questions relating to the attestation of
Wills and Codicils, concerning real estates in that part of
Great Britain, called England, and in his Majesty's co-
lonies and plantations in America
1
176
26 Geo. 3. c. 63. An act for the further preventing frauds and
abuses attending the payment of wages, prize money, and
other allowances, due for the service of petty officers and
seamen on board any of his majesty's ships
32 Geo. 3. c. 34. An act for explaining and amending an act
passed in the twenty-sixth year of the reign of his present
majesty, intituled: An act for the further preventing
frauds and abuses attending the payment of wages, prize
money, and other allowances, due for the service of petty
officers and seamen on board any of his majesty's ships:
and for further extending the benefits thereof to petty
officers and seamen, non-commissioned officers of marines,
and mariners serving, or who may have served, on board
any of his majesty's ships
181
188
39 and 40 Geo. 3. c. 98. An act to restrain all trusts and di-
rections in deeds or wills, whereby the profits or produce
of real or personal estates shall be accumulated, and the
beneficial enjoyment thereof postponed beyond the time
therein limited
228
II. PRECEDENTS OF WILLS, AND TESTA-
MENTARY DISPOSITIONS.
NUMBER
1. A convenient form of a will, containing dispositions of real
and personal property, the whole to form one fund, and go
as personal estate
231
2. A Will disposing principally of real property in shares
among children and grandchildren
248
3. A Will disposing of real and personal estate by way of pro-
vision for children
257
4. A Will comprising various dispositions of real and personal
estate, partly of testator's own estate, and partly in per-
formance of various trusts and obligations imposed on him
by antecedent settlements
267
5. Part of a Will directing a settlement, with limitations in a
strict form for preserving the estate in the family of the
testator
6. A regular settlement upon the testator's family
7. A Will with limitations of the real property to the children
successively, and their sons and daughters in fee, with a
variety of other provisions by way of annuity and other-
wise
8. Will consisting exclusively of provisions for wife and younger
children, by annuity, and portions charged upon all the
Testator's property
9. A Will chiefly settling renewable leases upon collateral rela-
tions; with other dispositions of personal estate
10. Will of an unmarried man, disposing of property chiefly in
charities and legacies
11. A Will disposing only of personal property in favour of the
Testator's daughter, and her children
279
300
309
.328
343
350
12. A Will equally dividing the Testator's whole substance be-
tween his two sons, being his only children, subject to
provision for his widow
a
360
375
13. A Will, comprising directions for a settlement of freehold,
copyhold, and leasehold estates, with various limitations
and provisos, by way of annuities and rent charges; con-
taining also various bequests of chattels, and sums of money 386
14. A merchant's Will, providing for the continuance of his trade,
under the management of his executors, for the benefit of
his family, and for the future introduction of his sons into
the business
15. A Will disposing of real and personal property by a Testator
leaving no family
16. Will by a citizen of London, containing provisions for
daughters and a son, with charities, and a provision for
keeping a tomb in repair
17. Will of a married woman, by virtue of a power
18. Short Will of an unmarried woman
19. Short Will of personal estate for an only daughter
403
. 431
.
438
444
. 446
20. A comprehensive devise and bequest of various descriptions of
property to Trustees, for the sale and accumulation of the
produce
21. Power given in a Will to a person to whom a life estimate is
limited, to charge the estate with portions for younger
children, varying in amount with the number of children
to be provided for
22. Devise of advowson to Trustees to present a certain person
to the next avoidance
23. Words of a Will, whereby a Testator charges his debts, lega-
cies, &c. upon all his estate
24. Clause to prevent an annuitant under the Will from parting
with his annuity
25. Devise of copyholds and leaseholds, for lives and years, to
Trustees, to the same uses as the freehold
26. Devise of the residue of Testator's personal estate, in trust, to
sell, call in, dispose of, and convert into money, such part
as shall not consist of stock, or real securities, and invest it
in securities, and thereout make provision for a collateral
relation
27. Bequest of jewels, &c.
28. Appointment under a power for the benefit of a Testator's
younger children
29. Clause in a Will, directing a power of selling and disposing,
to be inserted in the settlement directed to be made of the
Testator's real estates
30. Clause in a Will, by which the Testator, after limiting his
real estates to his son for life, remainder in the strict form
to the sons of such son successively in tail male, limits the
same to his two daughters in moieties, with survivorship for
life, to take exclusively of their husbands, with the same
remainders in tail to their respective children in succession,
with cross ultimate remainders; the whole being directory
of a settlement to be made
448
455
. 457
458
459.
460
. 463
. 464
. 471
31. Devise of a sum to be applied in releasing poor prisoners
32. A preamble to a Will, the Testator being about to go to sea 472
33. A general form of a Codicil to a Will where only a few addi-
tional legacies are given
ib.
34. 'Another general form of a Codicil to a Will where several
legacies are revoked
35. A Codicil executing a power given by a settlement
36. A nuncupative Will committed to writing
37. Conclusion and attestation of a Will, written on several sheets
38. Common form of attestation
39. Attestation of a Codicil
. 480
III.-SUPPLEMENTARY MATTERS AND CASES
IN ELUCIDATION OF SOME OF THE SUB-
JECTS TREATED OF IN THESE VOLUMES.
What words are necessary to pass leases renewed after the
making of a Will
SHEATH V. YORK.
1 Vesey and Beames, 390.
Revocation by marriage and the birth of children
DOE, ex dem. CALKIN, V. TOMKINSON and Others.
2 Maule and Selwyn, 165.
What contingent estates are devisable, and of the effect of the
word survivor,' added to words creating a tenancy in
common
WILKINSON V. ADAM.
481
. 488
.490
1 Vesey and Beames, 422.
Natural children-under what words entitled
. 493