PRACTICAL EXPOSITION

OF THE

Law of Wills,

WITH

PLAIN INSTRUCTIONS AND ADVICE

ΤΟ

TESTATORS, EXECUTORS,
ADMINISTRATORS, AND LEGATEES,

AND

OBSERVATIONS

ON THE

CONSEQUENCES OF INTESTACY:

To which are added

DIRECTIONS RESPECTING THE PROBATE OF WILLS AND THE TAKING
OUT OF LETTERS OF ADMINISTRATION;

TABLES OF THE STAMP-DUTIES ON PROBATES, ADMINISTRATIONS,
LEGACIES, AND RESIDUARY SHARES;

THE METHOD OF OBTAINING A RETURN OF THE ADMINISTRATION
AND PROBATE DUTY, IF OVERPAID, OR ON THE
GROUND OF DEBTS;
and

FORMS OF INVENTORIES TO BE TAKEN BY EXECUTORS AND
ADMINISTRATORS;

WITH PRECEDENTS OF WILLS, CODICILS, REPUBLICATIONS, ETC.

BY RICHARD DICKSON, Esq.

Of the Honourable Society of Gray's Inn.

CONTENTS.

PART I.

THE LAW OF WILLS.

PRELIMINARY CONSIDERATIONS:-

1. The Propriety and Advantages of making a Will..

2. The Consequences of neglecting that important

Duty...

3. Precautions to be attended to in making Wills

The Origin of Wills

.....

PAGE

1

5

7

12

The Nature and Effect of Wills and Testaments, Codicils,

Nuncupative Wills, Donations Mortis Causa

The Testamentary Capacity ...

The Subject-Matter of Disposition by Will

The Execution and Attestation of Wills

The Republication of Wills

The Revocation of Wills

The Construction of Wills..

Legacies

Intestacy

.....

....

16

24

31

50

63

69

81

85

88

PAGE

The Functions and Duties of Executors and Adminis-

trators

.... 125

The Powers, Rights, and Remedies of Executors and

Administrators.....

....

....

132

The Responsibility of Executors and Administrators . 144

Duties payable on Wills, Letters of Administration, Lega-

Directions for obtaining Return of Duty, and paying the

necessary Increase of the same......

168

Precedents of Wills, Codicils, Republications, &c. .... 195

A

PLAIN AND PRACTICAL EXPOSITION

OF THE

LAW OF WILLS,

ETC.

PRELIMINARY CONSIDERATIONS.

Hints and Precautions to be attended to by Persons before they make their Wills.

IN the examination of this important branch of the subject, which I am about to elucidate, I shall treat of it under the following heads :—

1. The Propriety and Advantages of making a Will.

2. The Consequences of neglecting the Important Duty of making a Will.

3. Precautions to be attended to in making Wills.

1. The Propriety and Advantages of making a Will.

As from innumerable causes, which are beyond human control, there is not any state or condition of life that is not subject to premature and

B