A.

Abatement (of legacies), 78.
Accidents, see Lord Campbell's Act.
Account, 132, 134; judgment for does
not affect retainer, 225; usual ac-
counts and enquiries under an ad-
ministration judgment, 246, 247,
App. II. c.; how taken, 247; how
vouched, 247, 248.
Accumulation, trusts for, 93-95; dif-
ference between rules against and
rule against perpetuities, 93, 94;
the Thellusson Act, 94; the Accu-
mulation Act, 94; effect of limita-
tions which infringe the rule, 94,
95.

Acknowledgment of his signature by
a testator, 36, 38; of their signa-
tures by witnesses, 42.
Actio personalis moritur cum persona,
application of the maxim, 182, 183,
188; does not apply where action
can be brought in tort or contract,
ibid; exceptions to the maxim :-
rights of action by the representa-
tive, 183-185; against the repre-
sentative, 189.

Ademption of legacies, 79.
Administration, grants of, to person-
alty, 166-171; to realty, 172;
general grants, 166-169; persons
entitled to, ibid; discretion of the
court in granting, 167, 168, 169;
special grants, 169–171; cum testa-
mento annexo, 169, 170; de bonis
non administratis, 170; limited
grants, 170, 171; durante minore
aetate, 170; pendente lite, 171; dur-
ante absentia, 171; durante de-
mentia, 171; form of grant of, App.
I. c; definition of a grant of, 237;
how obtained, 237-239; where

right is disputed, see Interest
causes; actions to revoke grants
of, 242; actions for, 243-251; be-
gun by writ, 243-249; begun by
originating summons, 249-251;who
can bring an action for, 243; the
administration judgment, 244 and
App. II. A-c; parties to an ad-
ministration action, 244, 245; pro-
ceedings in chambers in an admin-
istration action, 246, 249; on
further consideration, 249; such
action originally the only method
of procedure, 251, 252; shorter
forms of procedure, 252-254.
Administrator, see executor. Real
estate vests in, 27, 104; successor
to personal property, 129, 132, 133;
ordinary delegates, its powers to
the, 132; assimilated to executors,
ibid; husband succeeds to personal
property of wife as, 136-139, 167;
an officer of the court, 166; trans-
mission of office, ibid; his title to
property, 175, 176; may be sued
as representing the estate, 245.
Admission of assets, 76, 77, 221.
Advancement under the Statute of
distribution, 141-145; object of the
Statute, 144, 145; conditions under
which the Statute applies, 142, 143;
definition of, 143–145.

Advertisement (for creditors), effect
of, 201, 202, 247.

Affidavit, by executor, 236 and App.
I. B; by administrator, 237, 238
and App. I. D; evidence by in ad-
ministration actions, 244; as to
creditors claims, 247 and App. II.

G.

Alien, capacity of, to make will, 74;
wife of alien enemy could make a

will, 73; Lord Kingsdown's Act
does not apply to, 47; nor Lord
Campbell's Act, 184, n. 1.
Alienation, growth of power of, 10-
12 and 12, n. 3; rule against per-
petuities, a rule in favour of, 86.
Alteration of will, 53-59; presump-
tions as to, 60, 61.

Ancestor, descent of land to, 110;
maternal and paternal, 113, 156-158.
Anglo-Saxons, 2, 3, 4, 8.
Animus revocandi, 55, 56, 57, 58, 59,
60, 61.

Animus testandi, 44.
Appointment, power of, married
women could make wills under,
73; general and special, 87; gene-
ral powers equivalent to property,
177; when assets to pay debts,
204; when equity will aid imper-
fect execution of, 204.
Ascendants, preference of male to
female, 112, 156-158.
Ascent of inheritances, 110, 152, 153.
Assent, see Consent.

Assets, donatio mortis causa is, 84;
definition of, 191; legal and equit-
able, 191, 193, 194; real and per-
sonal, ibid; assets liable to the
payment of debts, 192-195; to the
payment of legacies, 195, 205-209;
order in which debts are paid from
assets-general rules, 196, 197;
where an insolvent estate is ad-
ministered in Chancery, 197-201;
order in which legacies are paid
from assets, 202, 203; order in
which assets are liable to pay debts,
203, 204; mortgage debts, 204, 205 ;
marshalling assets, 209-212; ob-
jects of marshalling, 209, 210, 211,
212; as between specialty and
simple contract creditors, 210, 211;
as between secured and unsecured
creditors, ibid; as between legatees
and creditors, 211; as between
legatees, and legatees ibid; in cases
of charitable bequests, 212.
Attainder, 73, 125.

Attestation of wills, 37-42; (see Will)

capacity to attest, 74, 75.
Attorney, power of, 46.
Aunts, see Uncles.

Autre vie, estates pur, will of, 30;
nature of, ibid; intestate succession
to, 150, 151; assets to pay debts,
150; how affected by the Land
Transfer Act, 178.

Bacon, 158.

B.

Banker's deposit note, donatio mortis
causa of, 85.

Bankruptcy (see Insolvent estates),
when an estate can be adminis-
tered in, 197, 254.
Birthrights, 4, 5, 7.
Blackstone, 10, 106, 107, 113, 117,
118, 119, 120, 135, 152, 155, 158.
Blindness causes no testamentary
incapacity, 68.

Bond, 132, 134; administrator's, 238
and App. I. E.

Borough English, 115.
Bracton, 5, 8, 11, 12, 15, 17, 126, 152,

Caeterorum grant, 167.
Campbell's (Lord) Act, application of,
184, n. 1; gives right of action to
the representative, 184; nature of
such right of action, 184, 185.
Canon law, 12.
Capita, per, 141.

Caveat, 239, 240 and App. I. G.
Certificate of the master, 248 and
App. II. H.

Chambers, proceedings in, 246–249.
Chancellors, equitable jurisdiction of,
I; increases at the expense of the
Ecclesiastical Courts, 18-20; in-
ventors of rule against perpetuities,
86.

Chancery Division, see Court.
Charity, property given to a, not
within rule against perpetuities,
93; what is a charitable use, 97,
98; Statutes dealing with gifts to,
96, 97, 98; property coming with-
in the Act of 1888, 97; new pro-
vision of the Act of 1891, 98; effect
of gifts which infringe these Sta-
tutes, 99.

Chattels, personal, 179; real, 178;
liability of the representative under
covenants in leases, 179.

Cheques, when valid as a donatio
mortis causa, 85.
Chief Clerk, 243, n. I.
Children, legacies to children of the
testator, 80; their right to per-
sonalty of the deceased:-under
the old law, 130–133; under Sta-
tutes of Distribution, 140-145.
Choses in action, what are, 135;
right of husband to his wife's,
135, 137; right of wife to, 138,
139; for what choses in action of
the deceased the representative can
sue, 181, 182.

Civil Law, 13, 20; conception of a
will at, 31, 32; of donatio mortis
causa, 83; rules as to reckoning
degrees of kindred, 145.
Class, gifts to a, 88; when one of a
class may represent the others, 245.
Codicil, nature of, in English law, 32;
will revoked partially by and then
republished, 62, 63; gift by, to wit-
ness of will, 75.

Coke, 49, 119, 120, 122.
Collateral relations, descent of land
to, 110.

Colligendum, see Letters ad Colligen-
dum.

Common form, probate in, see Pro-
bate.

Common law, origin of, 1, 2, see
Court.

Compound and compromise, the re-
presentative's power to, 215, 216;
Court may assent to, 245.
Conditions to legacies, 81; differ from
limitations, 81; precedent and sub-
sequent, 87, 88.

Conjoint will, see Mutual will.
Consanguinity, lineal and collateral,
145.

Consent, executor's needed to perfect
legatee's title, 76, 77; is an admis-
sion of assets, ibid; not needed for
donatio mortis causa, 84.
Contingent: debts, 197, 200; lega-
cies, 79, 80; remainders, 92, 177;
wills, 61.

Contract not to revoke will, 50, 51;
on what contracts of the deceased
the representative can sue, 181;
on what he cannot, 183; new con-
tracts made by the representative:
where he can sue as representa-
tive, 181; where he can be sued,
190, 191; where personally liable,
190, 213, 214; power to sue on the

deceased's contracts, 216; made by
representative to pay the deceased's
debt, 221.

Conveyance, early wills a form of, 5,
8; wills of realty regarded as,
27, 28.

Coparceners, 4; origin of, 108, 109;
descent from, 109.

Copyholds, wills of, before the Wills
Act, 29; devolution of under the
Land Transfer Act, 30, 176, 178;
intestate succession to, 114-116;
escheat of trust and mortgage es-
tates in, 127, 128; effect of en-
franchisement of, 128.
Cornwall (Duchy of), 149.
Corporation, see Mortmain.
Courts:-King's Court, 1, 9, 10, 13,
14, 15.

Ecclesiastical Courts, 2, 13-18, 19,

30, 31, 131-133, 232.
Court of Probate, 2, 19, 20.
Court of Equity, 17, 20, 231.
Probate Division, 2, 134, 231; its
jurisdiction, 232-234; non-con-
tentious business, 235-240; pro-
bate in common form, 235-237 ;
grants of administration, 237-
239; revocation of probate or
grants of administration, 239;
caveats, 239, 240; contentious
business, 240-242; probate in
solemn form, 240, 241; interest
causes, 241, 242; actions to re-
voke grants of probate or ad-
ministration, 242.

Chancery Division, 20, 134, 231;
its jurisdiction, 233, 234; actions
for administration, 243-251; be-
gun by writ, 243-249; by ori-
ginating summons, 249-251;
special kinds of relief given by
the, 251–254; jurisdiction where
estate is insolvent, 254.

Queen's Bench Division, 20, 231.
Covenants running with the land,
185, 187.

Creditors, their right to get adminis-

tration, 168; see Assets, Debts.
Crown, the, will of, 74; forfeiture to,

125; escheat to, ibid; right to suc-
ceed to personalty, 148, 149; to be
appointed administrator, 168; debts
to, 196; priority of, not affected by
section 10 of the Judicature Act,
199.

Curtesy, 12, 116-121; origin of,
116-118; requisites for, 118-120;

over equitable estates, 120, 121;
effect of Married Women's Pro-
perty Acts on, 121.

Customary freeholds, wills of, 29;
do not fall within the Land Trans-
fer Act, 176.

Customs as to succession to realty,
116; as to husband's and wife's
rights of succession to realty, 117,
122; as to rights of wife and chil-
dren to succeed to personalty, 129–
132.

Cy-près doctrine, 90–92.

D.

Damages for tort not provable in
bankruptcy, 199.

Daughters, see Coparceners.
Deafness causes no testamentary in-
capacity, 65.

Death, will speaks from, 27-29, 63,
n. I, 77, 78.

Debts not transmissible on death in
early times, 6; by simple contract,
194, 195; by specialty, 193-195;
future debts, 197; contingent, ibid,
201, 202; what are provable when
the estate is administered as insol-
vent, 199, 200; mortgage debts,
204, 205; representative's power
to pay, 216.

Deed poll valid as a will, 44.
Default, see Wilful default.
Degrees of kindred, how reckoned,
103, 145, 168.

Delay in proceedings in chambers,
248, 249.

Delegatus non potest delegare, 222,
223.

Delivery required for donatio mortis
causa, 84, 85.

Demonstrative legacy, 78, 202.
Descendants lineal represent their
ancestor, 109; preference of male
and female, 107, 112.
Destruction of will, 53, 54.
Devastavit, 222, 223.
Devise of realty always specific, 28,
77, 78; how effected, 26, 27; con-
ditional devises, 81; effect of de-
vise to heir, 106, 107; when liable
for testator's debts, 204.
Devisee must get executor's consent,
76, 77; residuary, 82; liability of,
187, 188, 204, 205; under Statutes
of Fraudulent Devises, 193, 194.
Distribution in Saxon time, 15; pro-

cess by which Ecclesiastical Courts
got jurisdiction over, 13-18; not
till a year from death, 149, 203;
Statute of, see Statutes.
District registry, 236, 237, 239, 240.
Domicil, 47, n. 3, 48.

Donatio mortis causa, 83-85; de-
finition, 83; how like legacies, 83,
84; how like gifts inter vivos, 84;
conditions of their validity, 84, 85;
of what they can consist, 85.
Dower, 12, 121-125; before Dower
Act, 121; no right to from equit-
able estates, 122, 123; how barred
under the Statute of Uses, 122; in
equity, 123; the Dower Act, 124;
the position of the tenant by dower,
125.

Drunkenness, effect of, on a will, 67.
Dumbness causes no testamentary
incapacity, 68.

Easements, 93.

E.

Ecclesiastical Courts, see Courts.
Eldon, 28.

Employers' Liability Act, 185.
Enquiries, see Account.
Equitable assets, see Assets.
Equity, Courts of, see Courts.
Escheat, 12, 125-128; distinguished
from forfeiture, 125; extended by
Intestates' Estates Act, 126; a legal
incident, 127; in case of trust or
mortgage estates, 127, 128.

Estates tail, 92, 177; in fee simple,
177.

Evidence as to due execution of will,
38-40, 42; as to presumed revoca-
tion, 52; as to revocation by sub-
sequent will, 56, 57; as to a lost
will, 59, 60; as to sanity, 65; as to
undue influence, 69; as to a will
made by a legatee, 70.
Executor, real estate vests in, 27, 104;
consent to legacies and devises, 76,
77; when he can take the property
beneficially, 82, 83; definition of,
162; who can be, 161, 162; dif-
ferent kinds of, 162; several, 165;
appointment may be absolute or
qualified, 165; transmission
office, 166; estate of, 173, 174;
title to property, 175; to choses in
possession, 176-180; to real estate,
176-178; to choses in action, 181-
186; on what choses in action he

of