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S

DR

AWQ IALY

ON

THE LAW

OF

EXECUTORS AND ADMINISTRATORS.

BY THE RIGHT HONORABLE

SIR EDWARD VAUGHAN WILLIAMS,

LATE ONE OF THE JUDGES OF HER MAJESTY'S COURT OF COMMON PLEAS.

SEVENTH EDITION.

BY THE RIGHT HONORABLE

SIR EDWARD VAUGHAN WILLIAMS,

AND

WALTER V. VAUGHAN WILLIAMS, ESQ.

OF THE INNER TEMPLE, BARRISTER AT LAW.

SIXTH AMERICAN EDITION,

IN WHICH THE SUBJECT OF WILLS IS PARTICULARLY DISCUSSED AND
ENLARGED UPON.

BY J. C. PERKINS, LL. D.

IN THREE VOLUMES.

STARE VOL. 11.

PHILADELPHIA:

KAY & BROTHER, 17 AND 19 SOUTH SIXTH STREET,
Law Booksellers, Publishers, and Emporters.

1877.

187922

JUL 1 4 1951

Entered, according to Act of Congress, in the year 1877, by J. C. PERKINS,

In the Office of the Librarian of Congress, at Washington.

RIVERSIDE, CAMBRIDGE:
PRINTED BY H. O. HOUGHTON AND COMPANY.

*BOOK THE THIRD.

OF THE QUANTITY OF THE ESTATE IN ACTION OF AN EXECUTOR OR ADMINISTRATOR.

HITHERTO the subject as to the quantity of the estate of an executor or administrator has been confined to personal property of the testator or intestate in possession; that is, where he had not only the right to enjoy, but had the actual enjoyment of the thing. But property in chattels personal may also be in action; that is, where a man has not the occupation, but merely a right to occupy the thing in question; the possession whereof may, however, be recovered by a suit or action, from whence the thing so recoverable is called a thing, or chose in action.

Thus, if a man promises or covenants with me to do any act, and fails in it, whereby I suffer damage, the recompense for this damage is a chose in action; for though the right to recover a recompense vests in me at the time of the damage done, yet there is no possession of it till recovered by course of law. (a)

By the term chose in action, as used in this treatise, is to be understood a right to be asserted, or property reducible into possession, either by action at law, or suit in equity. (b)

*The object of the present book will be to investigate what choses in action the estate of an executor or administrator com

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