fubfcribed by witneffes, and fairly wrote (as it fhould be) in one hand-writing, without interlineations or alterations, or as few as poffible of which, and as a few may fometimes almoft unavoidably happen, it is well to make mention in the atteftation, before the witneffes fubfcribe their names thereto; as in N° V. pages 231, 232. Concerning a will not properly executed, we have taken notice in page 154.

WHEN it is requifite for administration to be granted with the will annexed, as treated on in pages 192, 193, 194; the deceafed's will fhould be fent up, and mention made of the day or time on which he died, and the value of his goods, chattels, and credits, with the names of any two clergymen in the neighbourhood; and here attention must be had to the kind of adminiftration wanted; as whether it be during the minority of an infant or infants, or where a teftator hath died without naming any executor, or named incapable perfons, or if it be where all the executors named refufe to act. Either of which cafes defcribe; and if it be during the minority of an infant or infants, who were appointed executors; mention his or their chriftian, furnames, and ages; the christian, furname, relationship to the deceased, and defcription of the perfon applying. And in either of the other cafes, mention the chriftian and furname of the perfon who applics, and defcribe him as relation, devifee, &c. of the deceased, [as may be the cafe. So hereby a proctor may be enabled to obtain the commiffion and administration for his employer.

THUS having laid down the method of proceeding to obtain adminiftration and probate of a will by commiffion, we may now obferve that, when inftructions are fent up for a proctor to obtain a commiffion by, care fhould be taken that the names, &c. fent up be spelled right; for although falfe fpelling will not render the commiffion void, yet it will increase the expence thereof.

THE

CONTENTS.

CHA P. I.

Of Inteftates. Of Administration; why it should be

obtained, and who are entitled thereto. By whom it

is to be granted. The Method of obtaining it, and

the Expence thereof,

SECT. I. Of Inteftates,

Page 1

II. Of Administration; why it should be obtain-

ed, and who are entitled thereto,

III. Where and by whom administration is to be

granted,

IV. What the perfon applying for administration.

is to do before it is granted,

-

ib.

6

· 12

V. The fees and expence of obtaining the admini-

nistration, [further mention whereof is made,

p. 191, 192.]

VI. How and for what reafon the adminiftration

16

may be revoked

18

CHAP.

CHAP II.

Of the Adminiftrator,

Page 20

SECT. I. His power by virtue of the administration, ib.

II. The particulars of what he is interested in

by virtue of his administration,

III. Of making an inventory,

28

-

37

IV. Of getting in the effects, and what shall be

affets in the adminiftrator's hands to make

him chargeable,

43

-

51

61

V. His office and duty in paying debts, [ further

mention whereof is made, p. 202, 203.]

VI. Of accounting before the ordinary,

CHA P. III.

-

-

Of Diftribution,

SECT. I. What the adminiftrator is to observe before

he makes diftribution; and on what stamps

64

ib.

66

The Defcent of real Estates, or Eftates of Inheritance.

How the Law difpofes thereof to the Heir; the

Hufband of a deceafed Wife, and the Wife of a

deceafed Hufband,

SECT. I. How the law difpofes of the inheritance to the

86

heir,

-

ib.

SECT.

SECT. II. How the law difpofes of a wife's real estate ;

or the law concerning a tenancy by the cur-

tefy of England,

Page 94

III. How the law difpofes of an husband's real

eftate; or the law concerning a tenancy in

dower,

CHAP. V.

The Cuftoms of the City of London and Province of

York,

SECT. I. Wherein the customs of London and York

agree, and wherein they vary,

96

ΙΟΙ

ib.

II. The cuftom of the city of London as to

inteftacy,

1103

III. The custom of the province of York as to

inteftacy,

114

IV. Obfervations on the ufe and benefit a will

may be to a man's family or relations,

122

THE DISPOSAL

OF A PERSON'S ESTATE

BY WILL AND TESTAMENT.

CHAP. I.

The power a man hath for difpofing of his property by

Eftates to be fo difpofed of as not to be rendered un-

alienable after a certain time,

CHA P. II.

Of making the Will,

Page 133

138

Perfons being under fpecial prohibition by law or cuf-

tom, as for want of fufficient discretion, or for want

of fufficient liberty and free will, or on account of

their criminal conduct, obliged to die inteftate

The manner of making the will, whereby both real and

perfonal estate is given or bequeathed, and where the

will only concerns perfonal estate,

ib.

148

Who may be made executors; and of whom the testa-

tor fhould beware of appointing. Who may be de-

visees and take by devife; and the manner of their

taking real and perfonal estate by will,
155

The manner of bequeathing to married women and

infants; and of appointing guardians. Conditions

not to trouble executors, and for preventing indif-

creet marriages,

157

The nature and effects of a gift in cafe of death, and

of a nuncupative or verbal will,

161

CHA P. III.

Of revoking the Will,

How the will is revocable by the ftatute of frauds, and

how it may be revoked by acts in law, and alteration

of circumftances whereto the ftatute does not ex-

tend,

163

ib.

How