1

23. The special legatee, that is to say, one to whom a definite object shall have been bequeathed, shall be bound to ask the delivery thereof from the heirs, or residuary legatees, as the case may be.

24. The special legatee shall not be liable to anything beyond the real charges to which the property bequeathed to him was specially held, unless the other properties of the estate should be insufficient to pay the testator's debts.

25. Universal legatees shall be liable, in connection with the heirs or the residuary legatees, for their proportion of such real charges as are due on the whole estate generally, and to which no separate part thereof is specifically liable. They shall, in the same manner, be liable for their proportion of the excess of personal debts, after all the personal property of the estate has been applied to the discharge of the same.

26. Within six months from his being put in possession, the legatee shall deliver to each of the rent-holders to which the property bequeathed is indebted, a copy, under the seal of the bailiwick, of the will, or of the part thereof that concerns him. If he is not the sole universal or residuary legatee, he must deliver a copy, thus authenticated, of the "Bille de Partage," or other document, correctly defining the part of the estate bequeathed to him, and the debts due upon it. In default of his doing so within the said period, the heirs, in order to discharge themselves of their responsibility towards the rent-holders, may make the delivery of the said instruments, and in that case shall recover all the expenses they may be at, and half the amount thereof besides, from the legatee. The rent-holders themselves may also, after the said period, procure the said instruments, and exercise the same right of recovery against the legatee. 27. The right of redemption is abolished with regard to all real property disposed of by judicial public auctions.

28. A married woman shall have no hypothecation for her dower, on any part of the estate of her husband's ancestor, (notwithstanding he may have consented to the marriage) unless the said ancestor have expressly granted her the said hypothecation by a special judicial contract.

29.--A mother, in the same manner as a father, shall not be at liberty to give, by will, to one child more than to another. Fathers and mothers may. order the proportion of their married daughters to be placed in trust, and the dividend to be paid to such daughters during their coverture,

well understood that if they survive their said husbands, the capital shall be transferred to the said daughters, and that if they die before their husbands, the capital shall be transferred to their heirs, unless the said daughters should, in cases where this is allowed, have willed away the said capital.

30.-Articles 1, 2, and 8, shall not apply to families in which the eldest of the children, living at the opening of the succession, shall have attained the age of fourteen years when the present law is promulgated. Article 7 shall not apply to eldest sons having attained the age of fourteen years at the said period.

Transcribed from the original as registered on the Records of the Island.

(Signed)

CHAS. LEFEBVRE,

H. M.'s GREFFIER,

INDEX.

Page.

ANCESTORS-Who were so called at Rome
Ascending Inheritance-See Parents.

BARRIERES greatly extended..

39

21

Ib.

How children inherit real property therein situated.
There is no primogeniture on such property. Reasons assigned why
it should be equally divided among sons and daughters...
Manner in which the division of property occurs in lineal successions. 31-33

.23, 24

CARRE, the eminent professor at the law University of Rennes, his definition of
guarantee or warranty, due by all vendors to purchasers....

His opinion respecting the power of willing..

Carey, Peter Martin, the benefactor of his country.
Collings, the late Mr. John, unexampled trait of disinterestedness on his part towards
an unfortunate debtor..

.135, 136

141

74

126

224

225

39

.36 and 46

Children can neither be benefitted nor injured through any bequest which parents may
make among them..

This is an impolitic restriction which requires modification.
Collateral heirs-Derivation of the term

Wretched system which formerly prevailed..

A different system yet obtains in collateral inheritances where the
deceased's estates have been acquired by gift or purchase and
when inherited...

To inherited real property collateral relatives succeed precisely as
they do in lineal successions..

37

...43, 46-48

Formerly no females could inherit with males in parity of degree.
How collateral relatives succeed to personal property and real pro-
perty purchased-males no longer exclude females in parity of
degree....

Defects in the system and remedy pointed out..

44

48

...50-52

How personal property and real property purchased as contradis
tinguished from real property inherited would now be divided
among collateral relatives..

Code of France-See Napoleon.
Curateur aux biens-See Interdiction.

D'AGUESSEAU-Obligations of his countrymen to him and cotemporary civilians for
the improvements introduced by them into the law
His ordinance on wills noticed.

Daughters considerably favoured by the modern law

Married daughters are no longer excluded from their share of personal
property in their parents' inheritance

May retain their marriage portion on abstaining to share in the inheritance,
but must account for it if they share

Anomalies of the ancient law removed

Their income may be placed beyond the controul of their husband during
marriage

An income, although settled by a marriage contract, does not constitute a
a marriage portion..
Daughters-in-law have no longer any legal hypothecation on their father-in-law's
succession, unless it be stipulated by a marriage contract....221-222
Which daughters-in-law are entitled to a dower and which are not 223
Degrees-Whence the term derived..
Mode of computing degrees in inheritance.
Difference between parentage and relationship.

41

38

ib.

The civil and canonical mode of computing degrees examined 40-41-149-151-152
The canonical very defective.

151

Delays Number of them considerably diminished in expropriations of real property 115
Domat's exposition of the grounds on which parents should inherit from their children 61
Character of his writings......

EMERIGON-His views respecting justice

62

191

His criterion by which the excellence and defects of human institutions
should be judged.

Executors and assigns-Folly of exposing them to unatural hardships

Page.

...192-193-194

Expropriation of real property-Defective system in vogue here, when amended in 1825

GUARANTEE-Its origin
Its defects

by an Order in Council

Comparative view of the unjust effects of our ancient
system of expropriation and that of France 93-94-95-96
How the system commenced; formerly the creditor was
bound to dispossess the debtor of all his personal pro-
perty before he could come upon his real. The ancient
system of expropriation preferable to the modern..
Sales of real property by creditors were formerly not
unfrequent in Guernsey..

Proofs advanced from the present system of expropria-
tion that the creditor was formerly held to dispossess
the debtor of his personal property before he could
come on the real..
The system improved.

Feudal law, remnants of in Guernsey, noticed

The system is peculiar to Guernsey, and originated with the unjustifia-
ble pretentions of the original holders of land

Redeemable rents would remedy the evil of the system....

..

109

ib.

111

130

140

85

92

116

88

Its evils enumerated...

125

It does not exist in Jersey

Difference between an ordinary warranty and guarantee ..............
Instances of its unjustifiable hardships adduced.

88

90-91

Privileges and extravagant forms are the bane of real property......93-97-
The practice of guarantee diminishes the value of real property
After purchased property is not liable to guarantee that previously ac-
quired...

Guarantee should only have the effect of restoring the property origin-
ally purchased to the vendor

Two kinds of guarantee...............................................................................
How it might be abolished..

117

119

121

Difference between guarantee and ordinary warranties set forth.
How guarantee might be abolished..

128-130-136

HYPOTHECATION-How the respective value of hypothecations is determined after
the renunciation of the principal debtor to his estate..........
Different kinds of hypothecation

115

.96--202

Daughters-in-law have no longer any hypothecation for their
dower on their father-in-law's succession

Heirs, who are, and how determined

Unjust liabilities imposed upon them and legatees.
See Pothier's and Toullier's remarks on this subject

223

.................. 137

190-191
...211-212
161-162

33

Humphrey's, Mr. remarks on the necessity of simplifying the form of wills

INHERITANCE-Main features of the modern law of inheritance described.

The difference between real property purchased and real property
inherited should be abolished

..71-72

Why the laws of inheritance are so seldom comformable to strict
justice
Interdiction-Object of appointing a guardian overa person who has attained his majority 155
....190-191
Professor Toullier's excellent remarks respecting the circumspection
which a judge should exercise before he decrees an interdiction

What legatees are entitled to immediate possession at the testator's
decease

..194-195-196

..196-197-198

LEGATEES-Their rights, duties, and obligations defined

.....

Rights and duties of the legatee of a given portion defined ........200-201
The same with regard to the special legatee..
Injustice of rendering legatees as heirs bound in solidum for the admin-
.202-203-204
istration of the testator's effects adverted to

Pothier's judicious views set forth

..206-206

203

Must deliver title deeds at his expence to the rentholders within a
reasonable period, unless the testator have expressly ordered his
heirs to provide them

Pagè

.235-236

Law-When the modern law comes into absolute operation with regard to lineal
inheritance
Legislation-Evils of restrictive legislation

.......... ...............

Advantages to be derived from comparing the laws of other states with

our own....

Legitimation of children by the marriage of the parents subsequent to their birth,
admitted in Guernsey

What children cannot be legitimized by a subsequent marriage
Lesbau pin-Admirable exposition of the power of the law over man's person and
property..

146

186

229

ib.

..138-139

MARRIAGE-Children born during a putative marriage inherit with legitimate
children, and the consort of good faith partakes of all the rights of
a lawful consort..

Married daughters-See daughters.

Women allowed to dispose of their own real property

229-230

173

26-27-28

NAPOLEON-Character of his code as far as the laws of inheritance, wills, and
pre-emption are concerned, Appendix, letter B.
Obligations of the French legislators to Pothier in drawing up their code 94
How the code was formed

Fundamental principles on which they should be admitted admirably des-
cribed by the Roman legislator

57

58

64

66

The present system, by which uncles are allowed to exclude grand parents
and where the Crown would still be preferred to parents, might, be
amended

No reason why the parents and heirs in one line should not inherit the
real property come by the other, preferably to the Crown
The law of inheritance in the ascending line might still be improved...71-72
Parents may succeed to things which they have given in preference to
all other heirs

Without an acknowledgment of the gift, the parent would not succeed
The son of the parent donor could not retake the object given to the
donee who leaves no descent

How the hardship may be avoided

Pascal-His character

His opinion of the law of inheritance

Patrimonial divisions of estates during the life of the parents are illegal

Their unjust tendency

Pothier-His character

His distinction between the different kinds of rents

His opinion upholding simplicity as to the forms of wills

75

69

63

70

233

233-234

94

133

65

His exposition of the folly of rendering beirs bound in solidum for the
administration of the deceased's estate

Préciput, or Eldership Of what it consists

The eldest son may at all times have one third of the whole
estate allotted to him on indemnifying his co-heirs
Houses which do not communicate and are accessible by
separate entrances cannot be given as one preciput
The eldest son is in future to have but one préciput
How the right of préciput is regulated in reference to the
succession of grand parents

14-15

16

18

237-238

Pre-emption-See Retraite.
Primogeniture-See Préciput.

REAL PROPERTY formerly held so sacred that the creditor was obliged to dis-`
possess the debtor of his personal property before he could
attach the real.

Records of births, marriages, and deaths, by whom kept 1..

Extracts from them given by a public officer are reputed to be true, until
the instrument is decreed to be a forgery
Reform Measures-Some introduced notwithstanding the resistance of the local au-

Rents-Perpetual rents should be abolished

Can be bequeathed in England without any restrictions

166
180-181

182

119-120

120

More particularly on houses

30

Their different kinds

Nine years arrears may still be recovered from the principal debtor, but
only three can be recogered from his assigns

112