[THE FIGURES REFER TO PAGES]

ABATEMENT OF LEGACIES AND DEVISES, 467, 468, 657-682.

blending of realty and personalty in residue, 673-676, 677, note, 678-680.
demonstrative legacies, 659-664.

general legacies and devises, 660, note.

lands descended, 467, 468, 664-669.

legacies in lieu of dower or for value, 680-682, and note.

order of abatement, 661, note, 662, note.

personalty and realty blended in residue, 673-676, 677, note, 678-680.

realty and personalty blended in residue, 673–676, 677, note, 678-680.
realty charged with debts, 676, 677.

realty charged with debts, 676, 677.

residuary devises, 661, note, 664-680.

residuary legacies and devises, 659, 660, and note.

testator's intentions prevail, 467, 468, 676, 677.

ACKNOWLEDGMENT,

see Execution of Written Wills.

ADEMPTION, 728-734, 746, 747.

distinguished from revocation, 293, note, 731, note.
distinguished from satisfaction, 722, note.

ADMINISTRATION,

see Probate and Administration.

ADMINISTRATORS AND EXECUTORS,

see Probate and Administration.

appointment and removal of, 521-532.

coadministrators and coexecutors, 586, 587, and note, 588, note.

disqualification, 527-530.

executors de son tort, 577, note, 620-632.

insanity of executor, 529, 530.

liability of one personal representative for the acts of another, 588, note.
power of alienation, 573-590.

purchaser from, 573-583, and note, 588-590.

removal of administrator or executor, 529, note.

renunciation of executor, 533, note.

resignation of executor, 530-532, and note.

right to appointment as administrator, 521-527.

by adopted child, 524, note.

by illegitimate children and their descendants, 521-524.

by husband and wife, 524-527.

sale of estate property on execution against administrator individually,
583-586.

title of executors and administrators, 545–568.

waiver of the statute of limitations by, 604, note.

[The figures refer to pages.]

ADVANCEMENTS-Continued,

hotchpot, 722-728, 747, 748.
incorporation by reference, 222–225.
infants and hotchpot, 722-725.

in relation to lapsed legacy, 747, 748.
partial intestacy as affecting, 747, 748.
pretermitted heirs, 224, note.

real estate advanced charged on distribution of personalty, 726-728.
ALIENS.

see Descent.

testamentary capacity of, 10.

ALIENATION BY EXECUTORS AND ADMINISTRATORS, 583-590.
ANCILLARY ADMINISTRATION,

rights of creditors on, 611-613.

ANIMUS ATTESTANDI, 184, 185.

ANIMUS NUNCUPANDI, 102, note.
ANIMUS REVOCANDI, 229–231.

ANIMUS TESTANDI, 165, 166.

APPOINTMENT OF EXECUTORS AND ADMINISTRATORS,

see Administrators and Executors.

ASSETS TO GIVE JURISDICTION,
see Probate and Administration.

ATTESTING WITNESSES,

see Witnesses.

ATTESTATION,

see Execution of Written Wills.

ATTESTATION CLAUSE, 145, 146, 148, 149, 185, 186, and note.
ATTORNEY,

see Witnesses.

BASTARD,

see Descent.

BENEFICIARY,

see Witnesses.

BLIND TESTATOR, 159, 160.

BURDEN OF PROOF,

see Mental Capacity; Undue Influence.

BURNING,

see Revocation of Wills.

CANCELLATION,

see Revocation of Wills.

CIVIL DEATH, 10-12, 444-451, 494, 495.

CLAIMS AGAINST DECEDENT'S ESTATE,

see Probate and Administration.

CODICIL,

see Incorporation by Reference; Republication of Wills; Revival; Revo-
cation of Wills.

COMMON DISASTER, DEATH IN, 396, 397.

COMMUNITY PROPERTY,

administration of, 496, note.

COMMON FORM,

probate in, 507, note.

[The figures refer to pages.]

COMPETENCY OF WITNESSES,

see Witnesses.

CONDITIONAL REVOCATION,
see Revocation of Wills.

CONDITIONAL WILLS,
see Wills.

CONSTRUCTION OF WILLS

by court of probate, 520 521.
conditional will, 101 107.

mistake, 69-77. SJ-82.

CONTRACTS TO BEQUEATH OR TO DEVISE,
distinguished from wills, 90-92.

remedies on, 91, note.

statute of limitations runs when, 91, note.

CONVERSION, EQUITABLE,

see Descent.

CONVICTION OF CRIME,

as affecting descent, 426-451.

as affecting testamentary capacity, 10-12.

COVERTURE,

as affecting testamentary capacity, 9.
wife as "heir," 405-407.

CREDIBILITY,

see Witnesses.

DEEDS,

distinguished from wills, 83-86.

evidence that deed intended as will, 86, note.

DEFINITIONS,

see Words and Phrases.

DEMONSTRATIVE LEGACIES,

see Abatement.

DEPENDENT RELATIVE REVOCATION,

see Revocation of Wills.

DESCENT,

adopted children as ancestors and heirs, 419-422.
after-born heirs, 474-485.

aliens as ancestors and heirs, 452.

bastards,

as ancestors and heirs, 408-411, and note, 423-426.
how legitimated, 423-426.

breaking descent,

by deed, 461-466.

by devise, 466-473.

canons of descent, 386-388.

children,

illegitimate, 408-411, and note, 423-426.
pretermitted heirs, 408-419.

civil death, 444-451.

consanguinity and descent, 384-386.

debts of ancestor, liability of heirs for, 453-460.
distributions and descent, 391-395.

equitable and legal interests, descent of, 397-404.
equitable conversion, 397-400, and note.

merger of legal and equitable interests, 401-404.

DESCENT-Continued,

[The figures refer to pages.]

expectancies, transfer of, 486-493.

conveyance to third persons, 488-493.

release to ancestor, 486-488.

illegitimate and legitimated children as ancestors and heirs, 408-411, and
note, 423-426.

liability of heirs for debts of ancestor, 453-460.

murderer of ancestor as heir, 426-443.

partial intestacy, 396, 397.

persons civilly dead as heirs, 444-451.

posthumous children, 471-480.

pretermitted heirs, 408-419.

evidence of intention to exclude, 224 note, 411-419.

illegitimate children as, 408-411.

seisin and descent, 388-391.

shifting descents,

posthumous children, 474-480.
other after-born heirs, 480-485.
transfer of expectancies, 486-493.
widow as "heir," 405-407.

DESTROYING,

see Revocation.

DEVISES,

see Abatement; Residuary Devises and Bequests.

DIVIDENDS,

see Legacies.

DIVORCE,

.see Revocation of Wills.

DOMICILE,

effect of adjudication of, 510-512, and note.

DUPLICATE WILL,

revocation of, 260, note,

witnesses signing different copies, 169, note.

EQUITABLE CONVERSION,

see Descent.

EQUITABLE INTEREST,

see Descent.

ERROR,

see Mistake.

EXECUTION OF WRITTEN WILLS,

see Incorporation by Reference; Witnesses.
acknowledgment of signature,

by testator, 133-143, 165, 166.

by witness, 143-145, 150, note, 162-164.

request to witness to sign as, 133-141.

acknowledgment of will for attestation purposes, 133–141, 145, 146.
attestation,

evidence of, 145, 146, 148, 149.

place of, 186, note.

attestation clause, 145, 146, 148, 149, 185, 186, and note.

form of signature,

by testator, 117, 118.

by witness, 174-185.

knowledge by witness that testator has no animus testandi, 165, 166.
knowledge of instrument's contents,

by testator, 114, 115, and note.
by witness, 130, note, 133, 143.

order of signing, 143-145, 166–174.

place of, 186, note.

presence of testator and, when required, of other witnesses, 147–166.
testamentary intent, 165, 166.

EXECUTORS,

see Administrators and Executors.

EXECUTORS DE SON TORT, 577, note, 620-632.

EXONERATION OF MORTGAGED PROPERTY, 702–710.

as between devisee and specific legatee, 702.

Locke King's Acts, 702, note.

where mortgage assumed by deceased on purchase, 703-708.

where mortgage put on after execution of will devising property, 709, 710.
EXPECTANCIES,

see Descent.

FOREIGN PROBATE,

effect of, 510-512, and note.

FRAUD,

alteration of will, 513, 514.

evidence of, 36, note.

false character of legatee, 31-33, and note, 306, note.

jurisdiction to correct fraud, 426-443, 513, 514, 534, 535, 538-541.

preventing revocation of will fraudulently, 245, note.

substitution of drafts of will, 34.

undue influence distinguished from, 31, note.