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THE LAW

RELATING TO

EXECUTORS AND ADMINISTRATORS.

ON

THE LAW

RELATING TO

EXECUTORS AND ADMINISTRATORS.

BY

ARTHUR ROBERT INGPEN,
OF THE MIDDLE TEMPLE AND OF LINCOLN'S INN, ONE OF HIS MAJESTY'S COUNSEL,

OF THE MIDDLE TEMPLE AND OF LINCOLN'S INN, ONE OF HIS MAJESTY'S COUNSEL,

BACHELOR OF LAWS OF THE UNIVERSITY OF LONDON.

LONDON :
STEVENS AND SONS, Ltd., 119 & 120, CHANCERY LANE ;
SWEET AND MAXWELL, Ltd., 3, CHANCERY LANE,

Law Publishers.

1908.

uk

it I53

BRADBURY, AGNEW, & co. LD., PRINTERS,

LONDON AND TONBRIDOE.

PREFACE.

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This work is intended not merely as a book of easy reference, but as an attempt to express in a concise form the general principles of the law relating to executors and administrators. As a model for guidance it follows the great work of Sir Edward Vaughan Williams on that subject, to which frequent references are made. It is intended for the use of the practitioner and student, and as an introduction to the greater work, which is recognised by the Courts as an authoritative statement of the law, and where alone is to be found collected the mass of authorities showing the gradual growth of the subject. At the same time the present work contains much that is new, and the subject has been considerably rearranged. For convenience, references are made to the 10th edition (1905) of Williams on Executors, but in most instances they will be found to be in the learned author's own words taken from the early editions which he himself supervised. Whenever of late years the authorities have been reviewed and a principle re-stated by the Court, the principle so stated has been embodied in this treatise with a reference to the case, omitting earlier authorities, which can easily be ascertained when necessary from the report itself or from the larger work on the subject.

The Public Trustee Act, 1906, which came into operation on the 1st January, 1908, constituting a Public Trustee, as a

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