How to prove a will; and to administer the estate and effects. By the author of 'How to make a will'.

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Página 10 - But merely doing acts of necessity or humanity, as locking up the goods or burying the corpse of the deceased, will not amount to such an intermeddling as will charge a man as executor of his own wrong.
Página 6 - And therefore in the first place the children, or (on failure of children) the parents, of the deceased, are entitled to the administration ; both which are indeed in the first degree ; but with us the children are allowed the preference.
Página 55 - So likewise there is another part of the statute of distributions, where directions are given that no child of the intestate, except his heir at law, on whom he settled in his lifetime any estate in lands, or pecuniary portion equal to the distributive shares of the other children, shall have any part of the surplusage with their brothers and sisters ; but if the estates so given them, by way of advancement, are not quite equivalent to the other shares, the children so advanced shall now have so...
Página 84 - Annuity of 1001. per Annum on the joint Continuance of the Two eldest Lives, also the Value of an Annuity of 100/. per Annum on the joint Continuance of the...
Página 17 - But an executor of his own wrong is not allowed to retain : for that would tend to encourage creditors to strive who should first take possession of the goods of the deceased ; and would besides be taking advantage of his own wrong, which is contrary to the rule of law.
Página 14 - ... besides the uncertainty which creditors and legatees would be at, in case different administrators were appointed, to ascertain the fund out of which their demands are to be paid. A prerogative is, therefore, very prudently vested in the metropolitan of each province, to make in such cases one administration serve fof all.
Página 8 - Wherefore in both these cases, and whenever the course of representation from executor to executor is interrupted by any one administration, it is necessary for the ordinary to commit administration afresh, of the goods of the deceased not administered by the former executor or administrator. And this administrator, de bonis non, is the only legal representative of the deceased in matters of personal property...
Página 13 - ... prerogative. Which prerogative (properly understood) is grounded upon this reasonable foundation : that as the bishops were themselves originally the administrators to all intestates in their own diocese, and as the present administrators are in effect no other than their officers or substitutes, it was impossible for the bishops, or those who acted under them, to collect any goods of the deceased other than such as [ 510 ] lay within their own dioceses, beyond which their episcopal authority...
Página 12 - HE must bury the deceased in a manner suitable to the estate which he leaves behind him. Necessary funeral expenses are allowed, previous to all other debts and charges ; but if the executor or administrator be extravagant, it is a species of devastation or waste of the substance of the de ceased, and shall only be prejudicial to himself, and not to the creditors or legatees of the deceased ". 2.
Página 20 - And in case of a deficiency of assets, all the gtneral legacies must abate proportionably, in order to pay the debts ; but a specific legacy (of a piece of plate, a horse, or the like) is not to abate at all, or allow any thing by way of abatement, unless there be not sufficient without it.

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