SECT. 3.

SECT. 4.

-

Of Executor's Assent to a Legacy

1372

-

- At what time Legacies are to be paid: and herewith

-

-

-

SECT. 5.

SECT. 6.

SECT. 7.

- Of Interest upon Legacies

In what Currency Legacies are to be paid

SECT. 8. Of the Payment or Delivery of Specific Legacies
SECT. 9.- Of Election

-

-

SECT. 10. — Of the Refunding of Legacies.

of bequests for life, with remainder over
To whom Legacies are to be paid: and herewith of
Legacies to Infants and Married Women

SECT. 2. Of the Right of the Executor to the Residue, in case
there is no Residuary Legatee

Of the Rights of Husband and his Representatives

with respect to the Personal Property of his In-

testate Wife

SECT. 2. Of the Rights of a Widow, in the Distribution of

the Effects of her intestate Husband under the

Statute.

Of the Rights of the Children, and their Represen-

tatives, to Distribution under the Statute

The Rights of the Next of Kin of the Intestate
under the Statute of Distributions.

1495

SECT. 5. — Of Distribution, when the Intestate was domiciled

SECT. 6. Of the Payment of the Residue

CHAPTER II.

OF DISTRIBUTION UNDER THE CUSTOMS OF LONDON AND YORK, &c. . 1527

SECT. 1.- The Rights of the Widow of an Intestate to a dis-

tributive Share of his Personal Estate, subject to

SECT. 2.

SECT. 3.

The Rights of the Children and Grandchildren of

an Intestate, with respect to Personal Estate, sub-

ject to the Customs.

.

- What are Assets subject to the Customs

. 1537

. 1548

PART III. BOOK V.

OF THE STAMP DUTIES ON LEGACIES AND SUCCESSIONS TO PER-

SONAL ESTATES

CHAPTER I.

AS TO THE AMOUNT OF DUTIES PAYABLE ON LEGACIES AND SUC-

CESSIONS .

CHAPTER II.

UPON WHAT SUBJECTS THE DUTIES ARE PAYABLE

161

1620

OF REAL ASSETS; AND OF THE EXONERATION OF THE REAL ESTATE
BY THE PERSONAL: AND HEREWITH OF THE MARSHALLING OF

1655

1656

SECT. 1. Of the Exoneration of the Real Estate by the Per-

SECT. 2.

-

-

sonal

Legatees

- Of Marshalling the Assets in favor of Creditors and

1713

PART IV. BOOK II.

OF THE LIABILITY OF AN EXECUTOR OR ADMINISTRATOR IN RESPECT OF

THE ACTS OF THE DECEASED; AND OF THE LIABILITY OF AN EXECUTOR

OR ADMINISTRATOR IN RESPECT OF HIS OWN ACTS.

CHAPTER I.

OF THE LIABILITY OF THE EXECUTOR OR ADMINISTRATOR IN RE-

SPECT OF THE ACTS OF THE DECEASED.

1721

OF THE LIABILITY OF EXECUTOR OR ADMINISTRATOR WITH RE-

SPECT TO HIS OWN ACTS

SECT. 1.

-

Of the Liability of an Executor or Administrator

on his own Contracts .

SECT. 2. Of the Liability of an Executor or Administrator

in respect of his own tortious or negligent Acts;

and herewith of Devastavit, and of Executors'

Accounts and Allowances

VOL. I.

1771

1771

1796

PART THE FIFTH.

OF REMEDIES.

PART V. BOOK I.

OF REMEDIES FOR EXECUTORS AND ADMINISTRATORS.

CHAPTER I.

OF REMEDIES FOR EXECUTORS AND ADMINISTRATORS AT LAW. . 1864

CHAPTER II.

OF REMEDIES FOR EXECUTORS AND ADMINISTRATORS IN EQUITY . 1900

OF EQUITABLE Remedies AGAINST EXECUTORS AND ADMINISTRA-

TORS IN THE COUNTY COUrt . .

2053

2064

PART THE FIRST.

OF THE APPOINTMENT OF EXECUTORS AND

ADMINISTRATORS.

BOOK THE FIRST.

OF THE ORIGIN OF WILLS OF PERSONAL ESTATE: AND OF THEIR NATURE AND INCIDENTS.

CHAPTER THE FIRST.

OF THE ORIGIN OF WILLS OF PERSONAL ESTATE.

ALTHOUGH from the time of the Norman Conquest until the passing of the statute of wills (32 & 34 Hen. 8), a subject of this realm had, generally speaking, no testamentary power over land; (a) yet the power of making a will of personal property appears to have existed and continued from the earliest period of our law. And, under the description of personal property so disposable, are not only to be considered goods and chattels, but also terms for years and chattel interests in land, which, on account of their original imbecility and insignificance, were deemed personalty, and as such were disposable by will. (a1)

At com

But this power, it seems, did not extend to the whole of a man's personal estate, unless he died without either wife or issue; for by the common law, as it stood, according to Glanvil, in the reign of Hen. 2, a man's goods were to not be

(a) [In regard to the history of devises, see 4 Kent, 501-505. "The English law of devise," Chancellor Kent observes," was imported into this country by our ancestors, and incorporated into our colonial jurisprudence, under such modifications in some instances as were deemed expedient. Lands may be devised by will in all the United States, and the statute regula

mon law a

man could

tions on the subject are substantially the same, and they have been taken from the English statutes of 32 Hen. 8 and 29 Charles 2." 4 Kent, 504, 505. As to Louisiana, see 4 Kent, 505, note (a), 519, 520.]

(al) Co. Lit. 111 b, note (1), by Har

grave.