PREFACE TO THE NINTH EDITION. It is with great diffidence that I offer to the profession this edition of my father's great work. In the last edition, the Editors, in their desire to leave as much as possible unaltered the text of the Author, did not attempt to do more than note up the cases and statutes which had been decided and passed since the last edition, for which Sir Edward Vaughan Williams was personally responsible, was published. What was done in the way of alteration was chiefly the work of my late brother, Walter Vere Vaughan Williams. The lapse of a quarter of a century since the last edition by Sir Edward Vaughan Williams has made it impossible to avoid altogether alterations of and additions to the text of the Author. It was impossible to introduce into the new edition, by means of notes only, great changes, of which the Judicature Acts and the Married Women's Property Acts are examples, and the text, therefore, had necessarily to be somewhat altered; but feeling how much the authority of the book depends on the maintenance of the old text, I have tried to make these alterations as small as possible, and I hope that critics will indulgently remember that the problem how to maintain the text and yet introduce the new matter was one of great difficulty, and which could not be worked out with absolute uniformity. Moreover, day by day, as the work of this new edition proceeded, I became more and more filled with admiration for the original, and more impressed with my own inability as Editor to supply my father's place. This it is which makes me ask the indulgence of the profession toward what has been a great effort on my part. I, personally, have made every addition and alteration, except that my friend Mr. Eustace Smith, of the Chancery Bar, was good enough to re-draft for me the chapters upon Equity Practice. V I have also to thank my friend and late pupil, Mr. John Ogle, of the Inner Temple, for constant assistance throughout the whole of the necessarily long period devoted to the preparation of this edition. Mr. Wasey Sterry, of Lincoln's Inn, prepared the Index for me and has also afforded me much assistance by his conscientious work and lawyer-like accuracy when acting as my amanuensis. My friend and late pupil, Mr. E. W. Hansell, of the Inner Temple, also gave me his assistance, especially with the chapters on Common Law Practice. In conclusion I wish to say that I finished my work shortly before the Spring Circuit, and therefore, so far as I am concerned, the cases and statutes only come down to that date. I am happy to say, however, that the publishers have arranged with my friend Mr. John Ogle to prepare the Addenda, which will be found after the Index of Cases. In this he has given references to all the cases lately decided, and has also dealt with the Trustee Act, 1893, which was passed during the present session of Parliament, and which comes into force on January 1st, 1894. This act, while it in no way alters the law affecting the powers and liabilities of trustees, consolidates the various statutes relating to those subjects which have been passed from time to time. A table will be found at the end of the Addenda setting out the short effect of each section of the new act, and indicating the various sections of preceding statutes repealed and re-enacted by it. November, 1893. R. V. W. TABLE OF CONTENTS. (References are to English paging.) PART THE FIRST. OF THE APPOINTMENT OF EXECUTORS AND ADMINISTRATORS. OF THE ORIGIN OF WILLS OF PERSONAL ESTATE; AND OF THEIR CHAP. I.-Of the Origin of Wills of Personal Estate. p. 1. CHAP. II.—Of the Nature and Incidents of Wills and Codicils of PART I. BOOK II. CHAP. I.—Who is Capable of Making a Will of Personalty. p. 9. SECT. 1.-Persons Incapable from Want of Discretion. p. 12. SECT. 2.-Persons Incapable from Want of Liberty or Free Will. p. 36. SECT. 3.-Persons Incapable from their Criminal Conduct. p. 59. CHAP. II. Of the Form and Manner of Making a Will or Codicil. SECT. 1.-Of the Signature by the Testator. p. 64. SECT. 2.-Of the Attestation of Wills and Codicils of Personal Estate. p. 73. SECT. 3.-The Form of a Will. p. 93. SECT. 4.-The Language of a Will. p. 97. SECT. 5.-Of the Materials with which a Will may be Written, and of the Per- son who may be the Writer: and herewith of a Will Prepared by a CHAP. III. Of the Revocation of Wills of Personalty. p. 107. SECT. 1.-Revocation by Destruction, Burning, Tearing, Cancellation, or SECT. 2.-Revocation by a Subsequent Testamentary Disposition. p. 137. SECT. 3.-By Express Revocation. p. 153. SECT. 4.-Revocation by the Republication of a Prior Will. p. 156. SECT. 5.-Revocation by Marriage or other Change of Circumstances; and CHAP. IV. Of the Republication of Wills. p. 163. SECT. 1.—How a Will may be Republished or Revived. p. 163. PART I. BOOK III. CHAP. I.-Who is Capable of being an Executor. p. 183. CHAP. II. Of the Appointment of Executors: By what Words Executors may be Appointed. p. 189. CHAP. III.-In what Ways the Appointment of Executors may be CHAP. IV.—In what Cases the Appointed Executor may Transmit CHAP. V.-Of an Executor de son tort. p. 208. CHAP. VI.—Of the Executor's Refusal or Acceptance of the Office. SECT. 1.- When and How the Office may be Refused. p. 225. SECT. 2.-The Consequence of Renunciation by an Executor. p. 233. CHAP. I.—Of the Necessity of Obtaining Probate in the Probate Division of the High Court of Justice; and of the Jurisdic- SECT. 1.-The Will must be Proved in the Probate Division. p. 236. |