Wills-continued.

witnesses, 83-105. what witnesess are necessary for a will of goods, 105— 107. n. a letter to an attorney containing instructions for drawing a will, established as a will, 107. n. a will disposing both of real and personal property, with a clause of attestation, but no witnesses, established as to the personal property, ibid. an unfinished testamentary paper of no effect; the party having lived eight days afterwards, ibid. an unexecuted paper established as a will by the prerogative court, sentence affirmed by the court of delegates; a commission of review afterwards granted, and the sentence reversed, ibid. declarations of trust, 107. nuncupative will, ibid. codicil, 109. donatio causa mortis, 110, & n. appointing of guardians, 112—122. See Guardians; appointing of executors, 122. wife being an executrix, 124. executor bankrupt, or non compos, 126. supervisors of a will, their authority, ibid. attesting the execution of the will, ibid. how far it is necessary that the witnesses know that it is a will, 129, 130. wills to be construed favourably, 130. parol averment, how far to be admitted to prove the intention, 131-136, &n. a will cannot be varied on the ground of mistake, in what case, iv. 132, n. wills referring to deeds, 136. clause of perfect mind and memory, ibid. what words will pass a fee-simple or life estate only, 137,& n.—144,&n. devise to a feine covert to her separate use, 144. devise to heirs female, 145. devise to one's relations, ibid. how far the wife is a relation, 146, 7, & n. devise to younger children, 148. estate equally to be divided, 148–155. n. devise of mortgages passeth the lands, 155. advowson, tithes, fee farm rents, 156. lands to be sold, ibid. resulting trust as to the surplus, 157-159. devise upon condition, 159–161. executory devise, what, 159. devise tending to perpetuity, 162. of chattels personal, 164, 5. n. devise to children yet unborn, 166, 7, & n. in what case maintenance shall be implied, 168. household stuff, ibid. household goods, ibid. [plate, jewels, &c. 169. n.] all his goods, what it implies or includes, 169, 70, & n. chattels doth not imply things which go to the heir, 170, 1. land implies the corn growing thereon, 171. devise in restraint of marriage, 173—180, & n. condition not to give trouble to the executor, 180. thing devised twice, 181, & n. thing which a person hath jointly with another, 182. in what cases a legacy shall be said to lapse, 182-191, & n. a general residuary clause passes all that is undisposed of, as in the case of a lapse, 185. n. (a), surplus or residue, 191-197, & n. wills how revocable, 197. implied revocations, 203, &c. joint or mutual wills, 205, n.

Of seamens' wills, and those of marines, iv. 205-220.

Of the probate of wills, and administration of intestates' effects, iv. 229, &c. Probate of wills, origin of the jurisdiction, iv. 229–231, & n. bishop, 231. peculiar, ibid. archbishop's prerogative in case of bona notabilia, 232. wills in the British colonies, 237. wills of land not subject to the ecclesiastical jurisdiction, 238. will of goods not effectual before probate, 258-240. refusal of an executorship, 240. executor of his own wrong, 241–244, & n. co-executors, some of them do refuse, 244, 5, & n. where one executor excludes the other, 245. where all refuse, administration to be committed, 246. within what time the will shall be proved, ibid. [and see stat. 37 Geo. 3. c. 90. (within six months)] what the executor may do before probate, ibid. Ordinary to cite the executor to prove the will, 248. mandamus to compel the ordinary, ibid. manner of proving the will, in common form, 249. in solemn form, 251. executor's oath to render a just account, 253. bond to the like purpose, 254. executor considered as a trustee in chancery, 126, 259, n. probate, making out, 259. registry of wills in particular places, ibid. probate of a will of lands not evidence, 260. probate of a will of goods and chattels, how far evidence, 261. forged probate or will, 261. n. fee for probate, 264, &c. executor dying, 269. Administration of intestates' effects, power of the ordinary, iv. 270. ordinary may be compelled, 274. refusal of administration, 276. to be granted to the widow or next of kin, 277. to the husband of the wife's effects, 278. to the father or mother of their children's effects, 279. to the grandmother before uncles and aunts, ibid. to the son before the father, ibid. half blood, 279, 80. in general, to the next of kindred, 280. See Distribution; to the residuary legatee, or principal creditor, 280. temporary administrations; during absence

Wills-continued. out of the kingdom, 281. the ordinary not bound to grant these to next of kin, 281, n. pendente lite, ibid. during the minority of an infant executor or administrator, 282. feme covert administratrix, 284. administrator dying, 285. where none will administer, ibid. where there are no kindred, ibid. may be granted out of the jurisdiction, ibid. person cannot act before administration, 285. time of granting administration, ibid. [and see Addenda to vol. iii.] administrator's oath, 286. bond on granting administration, ibid. fee for administration, 291. and see Probate, Stamps; letters of administration allowed as evidence, 292. revoking administration, 292-294.

Of the duty of executors and administrators in making an inventory, and getting in the effects of the deceased, iv. 294. administering before inventory made, 294, 5. laws requiring the making an inventory, 295. things to be put into the inventory, 297. goods, ibid. chattels, ibid. debts owing by the deceased, ibid. debts owing to the deceased, 298. leases, ibid. estates pur autre vie, 298, & n. extent, rent, corn, or other things growing, 299. things fixed to the freehold, 300. heir-looms, 303. box with writings, 504. profits of lands to be sold, 305. wife's paraphernalia, ibid. See Marriage: wife's goods or chattels, 508. manner of valuation, 309. in what cases an inventory may be dispensed with, ibid. how far strict formalities are necessary, 310. strictness requisite in contestation of suit, ibid. action given to executors or administrators, 312. action in case of rent in arrear, 313. in what courts to be brought, 315. in what case co-executors must all join, ibid. case where one co-executor refuseth, ibid. in what case one may do what all may do, 316. in what cases one executor can or cannot sue another, 316, & n. co-executor dying, 317. executor of an executor, ibid. administrator dying, 319. executor of an administrator, ibid. administrator de bonis non, ibid. action brought against divers executors, ibid. costs, 320. executor bankrupt, 321, 2.

Of the payment of debts by executors or administrators, ordinary liable, iv. 322. executors and administrators liable, 323. devisee or heir at law of lands how far liable, 324. lands devised to divers to be sold for payment of debts, one of them may sell, 331. in what case the heir may enter for a condition broken, 332. fraudulent alienation of goods to defeat creditors, ibid. fraudulent administrations to defeat creditors, 333. assets what, 333-338 & n. in what case the lands and the personalty shall be charged in aid of each other, 338-340 & n. in what case both executors shall be charged, where one only hath assets, 341 & n. what debts to be first satisfied, 341-348 & n. forfeiture for not burying in woollen, funeral expenses, overseer of the poor dying, charges of probate or administration, 348 & n. debts due to the king on record, 348 n. 349. debts due to the post office, 349. judgment 349, 50, n. decree in equity 351. recognizances and statutes, mortgages, 352. rent, bonds, and other obligations, 353. simple contract, 354. in what case debt shall be paid pari passu, 355. in what cases interest shall be allowed, 357. debts barred by the statute of limitation, 358. executor may file a bill to determine priority of payments, 359. debts to be paid before legacies, 361. pleas of plene administravit, and what amounts to an admission of assets; & ne unque executor, iv. 359, 360 & n.

Of the payment of legacies, and distribution of intestates' effects. See Legacy, Distribution.

Stamp duties chargeable on legacies, and the distributive shares of an intestate's estate, iv. 479–485. and See Stamps.

Account, executor's oath to account, iv. 485. administrator's bond to account, ibid. before whom the account shall be, 486. ordinary's power to compel the executor or administrator, ibid. parties interested to have notice, 487. manner of passing the account, ibid. expences to be allowed, 488. money lost, ibid. discharge, 489. costs, ibid. whether the administration bond shall be put in suit for debts not paid, 489, 490, n. See Administration.

Form of an inventory, iv. 491. of a will of lands, 492, of goods, 492, 3. of lands and goods, 494. of a codicil, 497. of a nuncupative will, ibid.

Wittenagemot, what, i. 217.

Woad, tithe of, iii. 473.

Women, carnally knowing a woman child under ten, iii. 278. taking a woman by force, ibid. taking a woman having substance, ibid. taking a woman under sixteen, 280. ravishment, 282.

Wood, tithe of, iii. 478.

Wool, tithe of, iii. 499.

Woollen, burying in, i. 262.

Woolston's case for blasphemy, iii. 217.

Writ of right of advowson, i. 30, & See 29, 30, n.

Writers, in the religious houses, their office, ii. 531.

Y.

York, province of, custom of appointing guardians, iv. 112. of distribution of intestates' effects, 434, 452. border service there, 455, 6.

Yorkshire, register of wills therein, iv. 259.

INDEX

TO

THE ADDITIONS AND NOTES

IN THIS

EIGHTH EDITION.

NOTE.-All references to titles, are to titles in this Index.

ADMINISTRATOR. See Wills.

Admissions of parties in one court as to matters cognizable in another, bind them,
iv. 238. n. 2. party opposing a will not put to prove his interest after admis-
sion thereof made, iv. 251. n. 7.

Adultery. (See Marriage, xi. tit. Divorce.)

Advowson. (See Appropriation, Benefice, Simony, Union.)

Appendant, what is, i. 6, n. 1. 7, n. 3. disappendancy of, 8, n. 1. plenarty of by
stranger, 8, n. 3. releasing, 9, n. 5. coparcenary, joint tenancy, and partition,
ibid. and 14, n. 6. 15, n. 7, 8. 16, n. 1. of a moiety of a church, 9 & 9 a.
15, n. 7. grants by deed of advowsons in gross, 11, n. 4. words of grant
of advowson in general, ibid. when passes by grant of parcel of manor to
which appendant, ibid. assignment of, after avoidance, 12, n. 8. king's grant
of, after avoidance, 12, n. 10. king's grant of void turn by express words,
12, n. 9. sale of, during vacancy, ibid. colleges may hold any number, 12,
n. 10. grants of next avoidances or presentations, 13, n. 2. grant of by crown
when presumed, 13, n. 3. in gross, will not pass under tenement' in a
will, 14, n. 5. words of devise sufficient to pass advowson for life, in fee,
&c., ibid. devises of, for particular purposes, and herein of resulting trusts,
&c., 14, n. 5. joint-tenants of, 14, n. 6. Tenants in common of, 15, n. dis-
turbance of patron in presenting, 15, n. coparcenary in advowson, 15, n. 7,
8. 16, n. 1. sale of mortgaged advowson, 19, n. Semb. mortgagee of, cannot
present, 19, n. 3. grant of advowson by crown where mortgagor made a si-
moniacal presentation, 20. mortgagor and mortgagee joining in presentation,
22, n. k. advowson in tenants by statute merchant, 22. advowson in bankrupts,
ibid. writs of advowson to be in C. P., 29, n. 5. writ of right of advowson,
30, n. 6, 7. darrein presentment, ibid., n. 8. where right of nomination is in
one and of presentation in another, quare impedit lies, 31, n. 9. party pre-
senting is to judge of qualification of nominee, ibid. quare impedit lies for a
mixed ecclesiastical and temporal matter, ibid. usurper's presentation on
vacancy ousts the heir of him in remainder, i. 38, n. 1. so if the usurpation
is on an ecclesiastical person, ibid., n. 2. plea of plenarty of six months and
upwards under stranger's presentation, good in equity, 39, n. 3., 7 A. c. 18.
against displacing the interest of patrons by usurpation is not retrospective,
43, n. 4. advowsons, &c., and tithes taken from subjects by Long Parliament
restored, 43. alleging title in quare impedit, 45, n. 5. pleading in, ibid.
Advocate, stamp duty on admission, i. 2. oaths, 3. Roman Catholic, ibid.
Affinity. See Marriage. (Who may marry, &c.) how arises, ii. 441, n. 1. marrying

wife's sister or husband's brother, ii. 434, n. 8. 500, n. 4. such marriage not
voidable after the death of either party, 500, n. 4. and why, i. 118 a, n. first
cousins may marry, ii. 450. n. 3. so may all collaterals in the fourth degree, ibid.
After eatage, or pasture of fields which have paid tithe of corn or hay, the same
year, not tithable, iii. 462, n. 9. and s. 477. n. g.

Age, what want of avoids marriage, ii. 434, n. 8. 434, a. n. 1. 500 a, and 501.
iii. 280, n. 6.

Agistment tithe, iii. 473-477. always pecuniary, and unlike all other tithes, cannot
be specific, 476, n. 4. decree of, to vicar, where proved due in three out of five
townships, iv. 504. Addenda, Tithes. Young cattle and dry cows shall not pay,
when, iii. 474, n. 4. husbandry horses used occasionally in neighbouring parish
are still exempt from, 474, n. 5. is payable for animals eating produce of the
earth on the land though not a year on it, in what proportion, iii. 475. sheep
brought into parish after shearing time, and sold or killed unshorn within the
year, are liable to, ibid. n. 7. paying wool tithe on, when exonerates and when
not, ibid. n. 8, 9. sheep pay, though turnips are cultivated to improve land for
corn, 475. so if folded on land which has paid tithe of hay or corn, and
there fed on turnips or vetches, ibid. is due in one parish, though tithe of lambs
and wool is due in another, 475 a. how paid where the parish in which
a common lies is not clearly known, or extends into different parishes, ibid.
of commons appendant or appurtenant to farms in other parishes or in gross,
ibid. is for the value of the tenth of the herbage consumed, and not on the im-
proved value of the animal, 475 a, n. h. 476, n. 5. cattle fed on oil cake do
not pay, 476, n. 5. cannot be calculated by the yearly rent of the land as large
fine might be taken, ibid. not due for after eatage, where the lands have that
same year paid tithe of hay, 477, n. g.

Alterations, by pencil, in will, iv. 107. note.

Annis: small tithe, iii. 496 a.

Answers, of defendants in criminal suits, i. 55, n. 7. service of decree for, ibid.
Apothecaries. See Physicians.

Apparitor, mandamus lies to admit, i. 54, n. 8.

Appeal. See Attentats, Delegates, Review, Commission of,

What, i. 58. none from England to the pope before 16 Steph., ibid., n. 9. time
for, 59, n. 3. from the bishop or his commissary to the archbishop, ibid.
from dean or commissary of archbishop in his exempt jurisdiction to the
court of arches, ibid. from bishop's commissary to the bishop, ibid. admissi
bility of articles when not debateable on, ibid. Addenda this title. new mat-
ter must be brought on, 62, n. 7. in the two provinces of Canterbury and
York, what, 63, n. 2. courts of, cannot enforce payment of costs incurred in
inferior court, 63, n. 4. stamp on, 64. from peculiar of dean and chapter of
Exeter, cites to court of arches, ii. 125. by excommunication, 257, n. 4. 259,
n. 7. wager of law and trial by battle abolished, i. 37 n.

Apples, small tithe, iii. 410. 496 a. shall not pay tithe if there is a modus for
cider, 497, n. 6. but see Cider.

6

have

Appropriation. See Impropriation, Sinecure, Vicarage. Term how derived, i. 65.
n.5. distinction between appropriation' and 'impropriation,' ibid. what is an,
ibid. how made, ibid., & 66, n. could not be assigned, ibid. to be held by
laymen now, as anciently by religious houses, ibid. how lay rector may
cure of souls habitualiter, 66, n. made with different privileges in two forms, ibid.
1st. Union of benefice ad mensam pleno sive utroque jure, is the root of appropri
ation without vicarage endowed; which is the origin of stipendiary or perpetual
curacies, ibid. appropriator of small tithes bound to maintain a curate if no vicar-
age endowed, 76, n. grantee or impropriator of such benefice might perform
church offices, how, 66 n. perpetual plenarty of appropriations ad mensam,
66 a, n. 2d. Grants in pleno jure cum temporalibus, conveyed no right of
patronage or cure of souls, ibid. Semb. otherwise now, ibid. Actores fabulæ in,
ibid. by whom, and how were made, ibid. is lawful inheritance in laity, ibid.
action for, and assurances of, ibid. whether can be made at this day, 66b, n.
disappropriation. ibid.

Appurtenances, import of this word in will, iv. 187. n. 5