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These changes embrace, among other matters, the subject of the liability of estates which may descend, to the debts and obligations incurred by the ancestor, and the different modes of collecting and enforcing the same; questions of contingent remainders, executory devises and advancements, of marriages and the evidence thereof, and all other questions growing out of, or incidental to, the laws of inheritance as they now exist in the several States of this country.

Two general purposes are sought to be fulfilled in the preparation of this work: First, to put the student in possession of all knowledge necessary to a clear and familiar understanding of the origin, operation and principles of the laws of inheritance, as they now exist, including all the incidental questions connected therewith; and, second, to place before the practical lawyer the adjudications upon the dif ferent points and questions from the reported decisions of England, and of the several States of this country, so fully set forth, explained and reviewed, that he can learn therefrom what is necessary in order to understand the law and its practical application as so established, without having a copy of the decisions themselves before him. One consideration which induced the writer to undertake this work, was the apparent want of an elementary treatise which fully presented this branch of the law, as it has been established and is now in force in this country. Upon many of the points which are continually arising in practice, the lawyer will find but little to aid him in the elementary works generally, while the reported decisions of the several States are rich in their developments thereupon.

For example, such is the case in regard to contingent remainders and executory devises. Elementary writers have generally followed in the footsteps of Fearne, whose classifications and distinctions are too artifical and merely fanciful to be of much, if any, utility in this country. They can furnish but little, if any practical aid, in the solution and adjustment of questions touching contingent interests, as such questions arise under our laws. While our system of

laws touching this class of interests, has rules and principles of its own, of a much more practical character. They are to be found in the reported decisions of the courts of more than twenty different States, and have not heretofore been written up by the text-writers. That class of decisions and its rules and principles are set forth in this work, and will be found to have reduced contingent remainders and executory devises to a few plain and practical questions, within the ready comprehension and understanding of any ordinary mind.

Advancements constitute another branch of the law of descents, which, although initiated in England, has become much more common in this country; and which has received but little attention from the elementary writers, compared to the place it holds in our reported decisions, and the importance it occupies in the adjustment of estates which pass by descent. That class of decisions is fully examined, and the law of advancements thereby shown to be within the reach of classification and system.

In short, this work is designed to accomplish two general purposes: First, to educate the student to a better general knowledge of the laws of inheritance than he can find in any other elementary work; and second, to place in the hands of the practical lawyer the means of making a good brief, with the least possible labor, upon any of the questions which may arise in his practice under this branch of the law. ANSON BINGHAM.

ALBANY, January 1, 1870.

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CONTENTS.

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