APPENDIX.

LIST OF STATUTES

AND PAGES WHERE CITED.

The Statutes and Sections referred to, and at times cited in the text where applying, are here indexed chronologically.

21 Hen. VIII. c. 5, sub-s. 6.

And in case any person die intestate, or that the executors named Next of kin in any such testament refuse to prove the said testament, then the at testator's said ordinary or other person or persons having authority to take death. probate of testaments, as is above said, shall grant the administration of the goods of the testator or person deceased to the widow of the same person deceased, or to the next of his kin, or to both, as by the discretion of the same ordinary shall be thought good, taking surety of him or them to whom shall be made such cominission for the true administration of the goods, chattels and debts which he or they shall be so authorized to minister; (7) and in case where divers persons claim the administration as next of kin, which be equal in degree of kindred to the testator or person deceased, and where any person only desireth the administration as next of kin, where indeed divers persons be in equality of kindred, as is aforesaid, that in every such case the ordinary to be at his election and liberty to accept any one or more making request, where divers do [referred to on p. 213] require the administration.

22 & 23 Car. II. c. 10 (1670).

II. Provided always, and be it enacted by the authority aforesaid, How surplusthat all ordinaries, and every other person who by this Act is age of estate enabled to make distribution of the surplusage of the estate of any of person person dying intestate, shall distribute the whole surplusage of such dying intesestate or estates in manner and form following; that is to say, one tate is to be third part of the said surplusage to the wife of the intestate, and all distributed. the residue by equal portions to and amongst the children of such persons dying intestate, and such persons as legally represent such children, in case any of the said children be then dead, other than such child or children (not being heir-at-law) who shall have any estate by the settlement of the intestate, or shall be advanced by the intestate in his lifetime, by portion or portions equal to the

Distribution not to be

made till one year after intestate's

death.

share which shall by such distribution be allotted to the other children to whom such distribution is to be made; and in case any child other than the heir-at-law who shall have any estate by settlement from the said intestate, or shall be advanced by the said intestate in his lifetime by portion not equal to the share which will be due to the other children by such distribution as aforesaid, then so much of the surplusage of the estate of such intestate to be distributed to such child or children as shall have any land by settlement from the intestate, or were advanced in the lifetime of the intestate, as shall make the estate of all the said children to be equal as near as can be estimated; but the heir-at-law, notwithstanding any land that he shall have by descent or otherwise from the intestate, is to have an equal part in the distribution with the rest of the children, without any consideration of the value of the land which he hath by descent or otherwise from the intestate. And in case there be no children, nor any legal representatives of them, then one moiety of the said estate to be allotted to the wife of the intestate, the residue of the said estate to be distributed equally to every of the next of kindred of the intestate who are in equal degree, and those who legally represent them: Provided that there be no representations admitted among collaterals after brothers' and sisters' children; and in case there be no wife, then all the said estate to be distributed equally to and amongst the children; and in case there be no child, then to the next of kindred in equal degree of or unto the intestate, and their legal representatives as aforesaid, and in no other manner whatsoever.

[referred to on pp. 200, 210, 217]

III. Provided also, and be it likewise enacted by the authority aforesaid, to the end that a due regard be had to creditors, That no such distribution of the goods of any person dying intestate be made till after one year be fully expired after the intestate's death, and that such, and every one to whom any distribution and share shall be allotted, shall give bond, with sufficient sureties in the said Courts, that if any debt or debts truly owing by the intestate shall be afterwards sued for and recovered, or otherwise duly made to appear, that then and in every such case he or she shall respectively refund and pay back to the administrator his or her rateable part of that debt or debts, and of the costs of suit, and charges of the administrator by reason of such debt, out of the part and share so as aforesaid allotted to him or her, thereby to enable the said administrator to pay and satisfy the said debt or debts so discovered after the distribution made as aforesaid. [referred to on p. 219]

29 Car. II. c. 3 (STATUTE OF FRAUDS),

Sect. 5 (Devises of lands shall be in writing, and attested by three or four witnesses), p. 218; sect. 6 (How the same shall be revocable), pp. 58, 218; sect. 7 (Trusts shall be in writing), p. 218; sect. 19 (Nuncupative wills), p. 127; sect. 20 (Testimony of nuncupative wills), p. 128; sect. 21 (Probates of nuncupative wills), p. 127; sect. 22 (Repeal of wills),

p. 127; sect. 25 (Husbands not compellable to make distribution of the personal estates of their wives), p. 218.

1 Jac. II. c. 17,

Sect. 7 (Brother and sister shall share equally with the mother),
P. 210.

55 Geo. III. c. 184,

Sect. 38 (Ecclesiastical courts not to grant probates or letters of administration, without affidavit of the value of effects), p. 255; sect. 39 (Affidavits to be free of stamp duty, and to be transmitted to commissioners of stamps), p. 256.

3 & 4 Will. IV. c. 104, page 224.

1 Vict. c. 26 (WILLS ACT, 1837),

Sect. 7 (No will of a person under age valid), p. 6; sect. 9 (Every will shall be in writing, and signed by the testator in the presence of two witnesses at one time), p. 32; sect. 11 (Soldiers and mariners' wills excepted), pp. 29, 126; sect. 12 (Act not to affect certain provisions of 11 Geo. 4 & 1 Will. 4, c. 20, with respect to wills of petty officers and seamen and marines), p. 128; sect. 13 (Publication not to be requisite), p. 57; sect. 14 (Will not to be void on account of incompetency of attesting witness), p. 50; sect. 15 (Gifts to an attesting witness to be void), pp. 50, 434; sect. 16 (Creditor attesting to be admitted a witness), pp. 50, 434; sect. 17 (Executor to be admitted a witness), pp. 50, 433; sect. 18 (Will to be revoked by marriage), p. 58; sect. 19 (No will to be revoked by presumption), p. 58; sect. 20 (No will to be revoked but by another will or codicil, or by a writing executed like a will, or by destruction), p. 58; sect. 21 (No alteration in a will shall have any effect unless executed as a will), p. 71; sect. 34 (Act not to extend to wills made before 1838, nor to estates pur autre vie of persons who die before 1838), p. 71.

14 & 15 Vict. c. 99,

Sect. 2 (Parties to be admissible witnesses), p. 435.

15 Vict. c. 24,

Sect. 1 (When signature to a will shall be deemed valid), p. 34. 15 & 16 Vict. c. 76,

Sect. 18 (As to actions against British subjects residing out of the jurisdiction of superior Courts), p. 271.

Distribution

not to be made till one year after intestate's

death.

share which shall by such distribution be allotted to the other children to whom such distribution is to be made; and in case any child other than the heir-at-law who shall have any estate by settlement from the said intestate, or shall be advanced by the said intestate in his lifetime by portion not equal to the share which will be due to the other children by such distribution as aforesaid, then so much of the surplusage of the estate of such intestate to be distributed to such child or children as shall have any land by settlement from the intestate, or were advanced in the lifetime of the intestate, as shall make the estate of all the said children to be equal as near as can be estimated; but the heir-at-law, notwithstanding any land that he shall have by descent or otherwise from the intestate, is to have an equal part in the distribution with the rest of the children, without any consideration of the value of the land which he hath by descent or otherwise from the intestate. And in case there be no children, nor any legal representatives of them, then one moiety of the said estate to be allotted to the wife of the intestate, the residue of the said estate to be distributed equally to every of the next of kindred of the intestate who are in equal degree, and those who legally represent them: Provided that there be no representations admitted among collaterals after brothers' and sisters' children; and in case there be no wife, then all the said estate to be distributed equally to and amongst the children; and in case there be no child, then to the next of kindred in equal degree of or unto the intestate, and their legal representatives as aforesaid, and in no other manner whatsoever.

[referred to on pp. 200, 210, 217]

III. Provided also, and be it likewise enacted by the authority aforesaid, to the end that a due regard be had to creditors, That no such distribution of the goods of any person dying intestate be made till after one year be fully expired after the intestate's death, and that such, and every one to whom any distribution and share shall be allotted, shall give bond, with sufficient sureties in the said Courts, that if any debt or debts truly owing by the intestate shall be afterwards sued for and recovered, or otherwise duly made to appear, that then and in every such case he or she shall respectively refund and pay back to the administrator his or her rateable part of that debt or debts, and of the costs of suit, and charges of the administrator by reason of such debt, out of the part and share so as aforesaid allotted to him or her, thereby to enable the said administrator to pay and satisfy the said debt or debts so discovered after the distribution made as aforesaid. [referred to on p. 219]

29 Car. II. c. 3 (STATUTE OF FRAUDS),

Sect. 5 (Devises of lands shall be in writing, and attested by three or four witnesses), p. 218; sect. 6 (How the same shall be revocable), pp. 58, 218; sect. 7 (Trusts shall be in writing), p. 218; sect. 19 (Nuncupative wills), p. 127; sect. 20 (Testimony of nuncupative wills), p. 128; sect. 21 (Probates of nuncupative wills), p. 127; sect. 22 (Repeal of wills),

p. 127; sect. 25 (Husbands not compellable to make distribution of the personal estates of their wives), p. 218.

1 Jac. II. c. 17,

Sect. 7 (Brother and sister shall share equally with the mother), p. 210.

55 Geo. III. c. 184,

Sect. 38 (Ecclesiastical courts not to grant probates or letters of administration, without affidavit of the value of effects), p. 255; sect. 39 (Affidavits to be free of stamp duty, and to be transmitted to commissioners of stamps), p. 256.

3 & 4 Will. IV. c. 104, page 224.

1 Vict. c. 26 (WILLS ACT, 1837),

Sect. 7 (No will of a person under age valid), p. 6; sect. 9 (Every will shall be in writing, and signed by the testator in the presence of two witnesses at one time), p. 32; sect. 11 (Soldiers and mariners' wills excepted), pp. 29, 126; sect. 12 (Act not to affect certain provisions of 11 Geo. 4 & 1 Will. 4, c. 20, with respect to wills of petty officers and seamen and marines), p. 128; sect. 13 (Publication not to be requisite), p. 57; sect. 14 (Will not to be void on account of incompetency of attesting witness), p. 50; sect. 15 (Gifts to an attesting witness to be void), pp. 50, 434; sect. 16 (Creditor attesting to be admitted a witness), pp. 50, 434; sect. 17 (Executor to be admitted a witness), pp. 50, 433; sect. 18 (Will to be revoked by marriage), p. 58; sect. 19 (No will to be revoked by presumption), p. 58; sect. 20 (No will to be revoked but by another will or codicil, or by a writing executed like a will, or by destruction), p. 58; sect. 21 (No alteration in a will shall have any effect unless executed as a will), p. 71; sect. 34 (Act not to extend to wills made before 1838, nor to estates pur autre vie of persons who die before 1838), p. 71.

14 & 15 Vict. c. 99,

Sect. 2 (Parties to be admissible witnesses), p. 435.

15 Vict. c. 24,

Sect. 1 (When signature to a will shall be deemed valid), p. 34. 15 & 16 Vict. c. 76,

Sect. 18 (As to actions against British subjects residing out of the jurisdiction of superior Courts), p. 271.