The customs peculiar to the personal estate of freemen of the city of London, and persons dying within the province of the Archbishop of York, relate only to the division of their estates among the wife and children.

The personal estate of a freeman of London, or of a person dying within the province of York intestate, and leaving a wife and child, or children, is divisible as follows: namely, one third to the widow; one third to the child or children equally, and one third between the wife and child or children, in the same proportions as the whole would have been divided into, had not the deceased been a freeman of London, or a resident within the province of York; that is to say, one third to the widow, and two thirds to the child or children equally.

The result, therefore, is, that the widow takes. one third, and a third of another third, being equal to four ninths of the whole; and the re

maining five ninths belong to the child or children, being one third and two thirds of another

third but if the Intestate were a freeman of

:

London, and left more than one child, the latter portion, which is called the Orphanage Portion, will not vest in the children; that is to say, will not become their absolute property until they attain the age of twenty-one years; and the share of any child who shall die under twenty-one, of and in such orphanage portion, will belong to his surviving brothers and sisters. This is not the custom of the province of York. Where there is but one child, the orphanage portion vests in such child immediately at the death of the Intestate; and it is said, that if a daughter marry under twenty-one her orphanage portion will thereupon vest in her.

In the province of York, real estate, however small the value, if it come to either of the children by descent, or by limitation in a settlement

made on the father's marriage, and whether in fee or in tail, in possession or reversion, excludes that child from taking a part of the one third which is distributable according to the

custom.

The customs of London and York do not regard grandchildren; and, consequently, where the Intestate leaves a widow, and no child or children, but grandchildren, the widow takes two thirds, and the grandchildren one third among them.

If the deceased leave a widow, and no child, the division is thus:

The widow one half, and one half of the remaining half, being equal to three fourths of the whole.

GENERAL OBSERVATIONS AND USEFUL HINTS.

WHAT has been said in the foregoing pages unon the subject of the law relating to Wills and

Intestacies, and more especially, (under the latter head,) the exposition of the rights of widows, ought to induce every man to make his Will as soon as he has married. Perhaps so grave a subject may be allowed to be put off until the honey-moon has entirely waned; for, as it has been already stated, a Will is required to be made when the Testator is in a sound and disposing mind, memory, and understanding; but it ought, certainly, to be among the most prominent subjects of a married man's thoughts, upon his returning to sober and serious reflection.

Having resolved on making his Will, he should look round, among his kindred or friends, for a man of intelligence, activity, and honour, to become his Executor; but no person should, on any account (except the Will be made in extremis), appoint another to the office, until he shall have obtained his consent and promise to act. Obvious as this preliminary step may at first sight

appear, it is often neglected; and the circumstance is attended with painful feelings, and sometimes expense and trouble, both to the reluctant Executor and the deceased's family. It is but truth to say, of the office of Executor, that, upon the average of cases, it is one of difficulty, trouble, and danger. Nevertheless, it is one which no man who feels himself competent to its discharge, should or can refuse to undertake for a person for whom he professes to entertain esteem and friendship; and nothing is more plain, to those whose situation in life affords them much experience in such matters, than that the far greater part of the difficulty, trouble, and danger, to which Executors are exposed, is owing to the Testator himself, and may be prevented by a moderate share of prudence and forethought.

It has been recommended, that a Testator should place a duplicate of his Will (legally signed and executed) in the hands of his ap