James, John, and Edward Smith, their executors, administrators, and assigns, to and for their own absolute use, benefit, and disposal."

22. Form for the appointment of executors.

"And I do hereby nominate, constitute, and appoint my kind friends, John Chester, of Clapham, in the County of Surrey, Esq., and Benjamin Edwards, of the city of London, Solicitor, to be the executors for carrying this my last will and testament into effect."

23. Form of clause for indemnifying executors against expenses and unavoidable loss.

"And I do hereby declare that my said executors, and the survivor of them, and the executors and administrators of such survivor, shall and may at all times, out of the first monies that may come to their, or either of their hands, reimburse and indemnify themselves and himself respectively, all such costs, damages, charges, and expenses, as they or either of them may be put unto or sustain, in and about the execution of the trusts of this my will; and that neither of them shall be answerable for any loss which may happen to the said trust premises, unless the same shall happen by or through his

or their wilful neglect or default, nor for any loss which may happen from depositing any of the monies which may come to them under and by virtue of this my will, in the hands, keeping, or custody of any public banker, nor the one for the other of them; neither shall either of them be answerable for more monies than shall actually come into his or their hands respectively."

24. Form of revocation of other wills-Conclusion of a will.

"And hereby revoking and making void all former or other wills and testaments by me at any time heretofore made, I do declare this to be my only last will and testament. In witness whereof, I the said Charles Smith, the testator, have to this my last will and testament set my hand, the day and year first above written."

Then follow the signature of the testator and the attestation of the subscribing witnesses.-See ante, Chapter III.

CHAP. VII.

HOW THE LAW DISPOSES OF

THE PROPERTY

OF A PERSON WHO DIES WITHOUT LEA

VING A WILL.

By the Statute of Distributions (22 and 23 Charles II. c. 10) it is enacted, that the administrator or administratrix shall, at the expiration of one full year after the death of the intestate, distribute the residue of his personal estate, after payment of debts, &c., in the following manner, viz:

If the deceased leave a wife and children, one third of his estate is to be given to the widow, and the residue among the children in equal proportions; or if only one child, the two-thirds to such only child; or if any of them be dead, to their lineal descendants.

If there be no children, or lineal descendants of children, one moiety or half part shall go to the widow, and the residue to the nearest of kin to the deceased, or their representatives.

If there be no wife, then the whole shall be

F

distributed amongst the children who may be living, and the representatives of such as may be dead.

If there be neither wife nor children, nor representatives of deceased children, the whole is to be given to the father of the intestate.

If he have no father living, the whole shall go to the mother, and brothers and sisters of the deceased, in equal proportions, and the descendants of deceased brothers and sisters, that is, their children.

If there be neither father, brothers nor sisters, nor descendants of any brother or sister, the whole to the mother.

If there be brothers and sisters, or children of such, but no father or mother, the whole to such brothers and sisters, or their children.

If there be neither of the before-mentioned kindred of the deceased living, then the whole shall go to his grandfather or grandmother.

After these, uncles and aunts, together with the nephews and nieces of the deceased, are admitted in equal proportions.

In failure of all the above, then the whole to go to the nearest of kin to the deceased who shall be living.

But no representatives are admitted amongst collateral relations, beyond nephews and nieces of the deceased.

The half blood is deemed equally a-kin to the intestate as the whole blood.

The nearness of kin must be reckoned by the rule of the civil law: namely, by numbering the degrees from the intestate himself; and not according to the canon law, which computes them from the common ancestor.

It should be mentioned, that the operation of the statute does not affect the customs of London and York, or of any other place having peculiar

customs.

According to the customs of London and York, the effects of an intestate are divided as follows: -If the deceased leave a widow and children, his substance (allowing the widow her apparel, and the furniture of her bed-chamber, termed the widow's chamber), is divided into three parts; one of which belongs to the widow, one to the children, and the third to the administrator, to be distributed according to the Statute of Distributions. If only a widow, or only children, they respectively, in either case, take one-half; and