lifetime apply money for accomplishing the purpose expressed, the legacy is adeemed. The same rule applies to legacies to persons towards whom the Testator stands in the place of a parent. But although the rule is very much modified, in being applied by the Court of Chancery, it is much the best way for every Testator to prevent the question from coming before the Court, by revising his Will after making any advances to any of the legatees therein named, and expressing his intention whether, notwithstanding the advancement, the legacy in the Will is to take effect or not; bearing in mind always, that every alteration of his Will, whether by addition or obliteration, is to be executed with the same formalities as the Will itself, when originally made.

5. Ifa Testator give a legacy to each of his executors, or trustees, having appointed more than one, but do not intend such legacies to be paid

to those who decline to act, he should expressly state the legacies to be given to them "for and on account of the trouble they may have in the performance of the trusts of the Will," otherwise. those who decline the office may nevertheless be entitled to the legacies.

6. It is necessary to advert to the subject of legacies to illegitimate children.

If it be intended to give a legacy to an illegitimate child, unborn at the time of making the Will, such child must not be described by any reference to its father, but as the child with which the mother, to be named and described, is pregnant. If this direction be not attended to the legacy will be void.

If the illegitimate legatee be living at the date of the will, still the Testator must not class him with lawful children, or designate him simply as the child of his reputed parent, whether father or mother; for the law understands by the word

child a person born in wedlock. If children, though illegitimate, have been so brought up, as that the circumstances of their birth are not generally known, and they have enjoyed the reputation of legitimacy, they may take legacies under the description of " children;" but then it is necessary, in case of opposition, to establish the fact of the reputation by means of evidence, the result of which will be doubtful. It is, therefore, the safest course for the Testator to describe illegitimate children by name, or as the " reputed child" of A. or B., or otherwise, so as to leave no doubt of their identity.

PLAIN EXPOSITION OF THE LAW RELATING TO THE DIVISION OF THE PERSONAL ESTATE OF PERSONS WHO DIE INTESTATE.

If a person, who is not a freeman of the city of London, die in the province of the Archbishop of

Canterbury without leaving a Will, his property will be divisible among his wife, if he leave one, and his nearest relations, who will be as follows: First, His children, grandchildren, great grandchildren, &c., in the straight line of descent. If he leave none of these,

Secondly, His father.

If none,

Thirdly, His mother, and brothers, and sisters, and their children, but not their grandchildren or great grandchildren.

If none,

Fourthly, His grandfathers and grandmothers. If none,

Fifthly, His uncles and aunts.

If none,

Sixthly, His cousins, and great nephews and

nieces.

* The province of the Archbishop of Canterbury extends over all England and Wales, except the following

1. Taking the rights of each set of successors to personal estate upon intestacy in the above order, if a person die without a Will, leaving a wife and children, or but one child (for it makes no difference whether there be one child or several children), the wife takes one third of the personal estate, and the other two thirds belong to the child or children: and if any child of the Intestate shall have died before him, leaving children, all such children will take among them the share that would have belonged to their parent if living; and so, if any of such grandchildren shall have died in the lifetime of the Intestate, leaving issue, the issue will take among them the share that would have belonged to the parent if living. For the lineal descendants of the Testator will be entitled to share in his personal estate, however remote they may be.

counties: York, Chester, Durham, Lancashire, Northumberland, Nottinghamshire, Cumberland, Westmoreland, and the Isle of Man, which form the province of York.