All Inforhiation Required for 
 
 ING PROBATE OR ADMINISTRATES 
 th Rules for Personal Applications 
 
 HE WAY TO PROVE 
 
 A WILL 
 
 AND TO TAKE OUT 
 
 ! ADMINISTRATION 
 
 Containing Full Instructions 
 WHERE, HOW, AND WHEN TO APPLY 
 
 gBlg 
 ALMARIC RUMSEY 
 
 Harris ter-at-Law 
 Author of 'Will-Making Hade Safe and Easy." &c. 
 
 JOHN HOGG, 13 PATERNOSTER ROW 
 
 "%nfF >?_ . i.' _-, . . j ^^ 

 
 Ex Libra 
 C. K. OGDEN 
 
 I 3
 
 OK fcF. LIBRARY, LOS AHGELES
 
 fmtom * JBfer 
 
 THE WAY TO PROVE A WILL 
 
 TO TAKE OUT ADMINISTRATION.
 
 THE 
 
 WAY TO PROVE A WILL 
 
 AND 
 
 TO TAKE OUT ADMINISTRATION 
 
 CONTAINING FULL INSTRUCTIONS 
 
 laabere, 1bo\v, an& Xdben to Bpplg 
 
 \V1TH 
 
 ALPHABETICAL TABLES, FORMS OF OATHS, BONDS, ETC. 
 RULES FOR PERSONAL APPLICATIONS 
 
 OTHER INFORMATION REQUIRED FOR OBTAINING 
 PROBATE OR ADMINISTRATION 
 
 BY 
 
 ALMARIC RUMSEY 
 
 BARRISTER-AT-LAW 
 
 Professor of Indian Jurisprudence at Kings College, London; Author 
 
 of " The Moohn'itniudan Law of Inheritance" " Al Sirdjiyyah 
 
 Reprinted," " Will-making made Safe and Easy," etc. 
 
 ' It must be proved, and probated, and swore to, and all manner o' formalities." 
 
 J'ostlintnous Papers of the Pickwick Club, 
 
 LONDON 
 JOHN HOGG, 13 PATERNOSTER ROW 
 
 1898 
 
 [All rights reserved.]
 
 Sftbiu & JBUr 
 
 
 PREFACE. 
 
 THE extremely cordial reception which was given to 
 my little work " Will-making made Safe and Easy " 
 on its publication has convinced me that the attempt 
 to write a legal work popularly, and yet with a view 
 to accuracy and to completeness within defined limits, 
 was not a rash one ; and I therefore venture to appear 
 again before the public and the legal profession in 
 order to discourse to them on a subject connected with 
 wills. Some of my readers may be good enough to 
 remember that " Will-making " was addressed to three 
 classes of readers, and I address myself, practically, to 
 the same three classes now. It may happen to any 
 reader of these lines to have been appointed an executor 
 by, or to be next-of-kin of, a deceased person of small 
 means, and such a reader may readily obtain probate 
 or letters of administration without burdening the 
 little estate with unnecessary expenses, if he attends to 
 the directions contained in the body of this book, and 
 to the " Rules as to Personal Applications " reprinted 
 in the Appendix, A clergyman may, in like manner, 
 
 1C9C893
 
 VI PREFACE. 
 
 either act for himself or assist a less erudite parishioner 
 in shaping his course correctly. Lastly, a solicitor 
 will find here, compressed into a small compass, all the 
 information required for ordinary cases of probate and 
 administration, information which he would otherwise 
 have to seek in a scattered form in much larger works. 
 Much care has been taken as to the arrangement, both 
 of the book generally, and of the particular facts 
 within themselves, in order that the reader's time may 
 be economized as much as possible. With a similar 
 object the considerable amount of matter which lends 
 itself to tabular treatment has not been left as I found 
 it, but has been arranged, alphabetically or otherwise, 
 in such manner as appeared in each instance to be 
 most conducive to facility of reference. I feel con- 
 fident that an author does not labour in vain who thus 
 spends his individual time liberally in order to spare 
 that which is much more important, the aggregate 
 time of a large body of readers ! 
 
 It would be a great advantage to the public if some 
 reforming M.P. would introduce a Bill to consolidate 
 the numerous and confused enactments as to exemp- 
 tions from probate. 1 
 
 I have the pleasure of offering my sincere thanks 
 for kind advice and assistance given to me during the 
 progress of my labours by C. J. Middleton, Esq., 
 
 1 These are so voluminous that I am only able to touch slightly 
 upon them ; see p. 16.
 
 PREFACE. Vll 
 
 senior registrar of the Probate Division ; R. Hankins, 
 Esq., of the Queen's Remembrancer's Department; 
 H. M. Chapman, Esq., district registrar at Canter- 
 bury ; and my nephew, L. LI. N. C. Rumsey, Esq., of 
 the General Post Office. 
 
 As in the case of the earlier work above alluded to, 
 I have thought it unnecessary to supply a table of 
 abbreviations, 1 and, as in the case of that work, I have 
 placed the decisions and Acts of Parliament, not in 
 separate tables, but under the titles " Cases " and 
 " Statutes " in the Index. 
 
 A. R, 
 
 9 STONE BUILDINGS, LINCOLN'S INN, 
 March 1890. 
 
 1 Observe, however, that "Ru. 1862" indicates the great body 
 of rules now in force in the principal registry; " Eu. 1863," in 
 district registries.
 
 TABLE OF CONTENTS. 
 
 PAGE 
 
 PREFACE V 
 
 TERMS IN COMMON USE XI 
 
 PRELIMINARY REMARKS 13 
 
 PROBATE : OF WHAT WILLS ; WHERE; HOW, WHEN . . 14 
 
 SEVERAL EXECUTORS ; NO EXECUTOR 31 
 
 ADMINISTRATION PRELIMINARY ; WHERE ; WHO ; WHEN . 32 
 
 WHO SHALL BE EXECUTOR ; RENUNCIATION OF PROBATE . . 39 
 WHO SHALL BE ADMINISTRATOR J ADMINISTRATOR UNDER 2O & 
 
 21 VICT. c. 77, s. 73 ; RENUNCIATION OF ADMINISTRATION 43 
 
 LIMITED OR SPECIAL PROBATE J LIMITED OR SPECIAL ADMINI- 
 STRATION 51 
 
 RIGHTS BEFORE PROBATE OR ADMINISTRATION . . 54 
 
 REVOCATION OF GRANT J OATHS AND AFFIRMATIONS, BEFORE 
 WHOM ; ABSENCE FOR SEVEN YEARS J FOREIGN DOMICILE ; 
 
 FEES AND COSTS 55 
 
 FORMS. PRELIMINARY REMARKS', FORMS IN PRINCIPAL REGIS- 
 TRY ; ADAPTATION TO DISTRICT REGISTRIES J REMARKS ON 
 
 FORMS "A" AND "B"' (ALL REGISTRIES) . . . 60
 
 X TABLE OF CONTENTS. 
 
 APPENDIX A. 
 
 PAGE 
 PRINCIPAL KINDS OF PERSONAL PROPERTY . -77 
 
 APPENDIX IJ. 
 
 DIVISIONS OF COUNTIES 79 
 
 PLACES FOR APPLICATIONS UNDER 44 VICT. C. 12, 88. 33-36 
 (INCLUDING PLACES OF DISTRICT REGISTRIES, PRINTED IN 
 CAPITALS) 81 
 
 APPENDIX C. 
 
 RULES AS TO PERSONAL APPLICATIONS 86 
 
 SCALE OF ADDITIONAL FEES ON PERSONAL APPLICATIONS . 90 
 
 APPENDIX D. 
 
 ADDITIONAL FOItMS . IOO 
 
 107
 
 Uotf to I'roc.e a Will." 
 
 ADDENDA. 
 
 .Turn, 1895. 
 
 Note to p. 26 e t seq. and p. 75. 
 
 The Finance Act of 1894 (57 & 58 Viet. c. 30) has, 
 in the case of persons dying on or after tlte 2nd 
 August, 1894, effected great changes in the Death 
 Duties. It Jias abolished probate duty and several 
 other duties, and has created a new estate duty and 
 a new settlement estate duty. 
 
 ERRATA. 
 
 Page ix (Contents), line 6, for "WHO" read "HOW." 
 , , 36, second line from bottom (Notes), for " Paxlon ' ' 
 
 read " Paxton." 
 
 113, line 17, for "Paxon" read " Paxton." 
 117, 14 from bottom, for 
 
 " attorney guardian . . 103,105" 
 
 read ' attorney ..... 103 " 
 
 "guardian ... 106" 
 
 is payable thereon, the fixed duty of 30*. or 50*. 
 is to be paid. 
 
 Accounts : 
 
 C i. (In duplicate.) Account of property which 
 passed at the death, but the Estate Duty whereon 
 was not paid on the Inland Revenue Affidavit. 
 C 2. (In duplicate.) Account of Settlement Estiuo 
 
 Duty. 
 
 All these forms and Form A 2 (below) can be 
 obtained of any Collector of Inland Revenue, or by 
 personal application at the Legacy and Succession 
 Duty Oftice, Somerset House. They can also be
 
 X TABLE OF CONTENTS. 
 
 APPENDIX A. 
 
 PAGE 
 PRINCIPAL KINDS OF PERSONAL PROPERTY . -77 
 
 APPENDIX B. 
 
 DIVISIONS OF COUNTIES 79 
 
 PLACES FOR APPLICATIONS UNDER 44 VIGT. C. 12. . ??-">
 
 /Jon- to Prove a Will." 
 
 ADDENDA. 
 
 June, 1895. 
 
 Note to p. 26 ft xeq. and p. 75. 
 
 The Finance Act of 1894 (57 & 58 Viet. c. 30) has, 
 in the case of persons dying on or after tJtc 2nd 
 August, 1894, effected great changes in the Death 
 Duties. It .has abolished probate duty and several 
 other duties, and has created a new as tat c duty and 
 a new settlement estate duty. 
 
 Forms of Affidavits and Accounts have been issued 
 under this Act ; those most likely to be requii-ed are 
 the following : 
 
 Affidavits : 
 
 A i. Inland Revenue Affidavit for Probate or Ad- 
 ministration, except where A 4 or B i is 
 applicable. 
 
 No. 17. Summary of Duty and Interest : To ac- 
 company Form A I. 
 
 A 4. Inland Revenue Affidavit where the whole of 
 the estate consists exclusively of personal 
 property under the Deceased's will or intestacy, 
 situate in the United Kingdom, except where 
 B i is applicable. 
 
 No. 16. Summary of Duty or Interest : To ac- 
 company Form A 4. 
 
 B i. Inland Revenue Affidavit where the Gross 
 principal value of the property, real and personal, 
 in respect of which Estate Duty is leviable on 
 the death of the deceased,' exclusive of property 
 settled otherwise than by the will of the deceased, 
 does not exceed ^500, and, if any Estate Duty 
 is payable thereon, the fixed duty of 30*. or 50*. 
 is to be paid. 
 
 Accounts : 
 
 C i. (In duplicate.) Account of property which 
 passed at the death, but the Estate Duty whereon 
 was not paid on the Inland Revenue Affidavit. 
 C 2. (In duplicate.) Account of Settlement Estate 
 
 Duty. 
 
 All these forms and Form A 2 (below) can be 
 obtained of any Collector of Inland Revenue, or by 
 personal application at the Legacy and Succession 
 Duty Office, Somerset House. They can also be
 
 obtained at any Money Order Post Office outside the 
 Metropolitan Postal District. 
 
 The executor or administrator should also obtain 
 Form A 2 (Inland Revenue Instructions as to Estate 
 Duty). These Instructions contain full details as to 
 rates of Duty, time and mode of payment. &c. 
 
 The executor or administrator must carefully fill 
 in the affidavit and accounts ; but the only duty he 
 is bound to pay is Estate Duty on personal property 
 (wheresoever situate) of which the deceased was 
 competent -to dispose at his death (either by virtue of 
 his ownership or by virtue of a general power of 
 appointment). This duty he must be prepared to pay 
 on delivery of the Inland Revenue affidavit. 
 
 p. 58. 
 
 The Colonial Probates Act, 1892 (55 Viet. c. 6) 
 provides for the sealing of probates and letters of 
 administration granted by the Courts of British 
 Possessions to which the Act applies, so as to give 
 them the same effect as if granted by a Court of 
 Probate in the United Kingdom. 
 
 Page 85. List of Places for Applications, &c. : 
 
 Strike out Bishop Auckland, Blandford, Bodmin, 
 Bradford-on-Avon, Brighouse, Buckingham, Campden. 
 Carmarthen, Conway, Crewkerne, Daventry, Denbigh, 
 Durham, Eye, Faringdon, Hexham, Ironbridge, 
 Knaresborough, Llandaff, Llangefni, Newnham. 
 Newton Abbot, North Walsham, Odiham, Ormskirk, 
 Pontypool, Redbridge, Royston, Runcorn, Ruthin. 
 Shaftesbury, Sherborne, St. Asaph, Stockport, Stoke- 
 on-Trent, Stony Stratford, Ware, Warminster, Well*. 
 Welshpool, Williton, Witney, Wotton-under-Edge. 
 
 Insert Aberayron, Aberdare, Acton, Aldershot, 
 Bakewell, Basingstoke, Blakeney, Bournemouth, 
 Builth, Chapel-en-le-Frith, Croydon, Enfield, Fron- 
 goch, Gillingham, Guildford, Hartlepool (West). 
 Hat field, High Barnct , Kilburn, Knighton, Launces- 
 ton, Leighton Buzzard, Lewisham, Leytonstone, 
 Llanidloes, Machynlleth, Madeley, Middlesborough, 
 Neath, Okehampton, Orpington, Parracombe, Ponty- 
 pridd, Presteign, Rochester, Ryde, Sawbridgeworth, 
 Sonthport, Staines, St. Albans, Stratford, Swiudon, 
 Tipton, Tregaron, Trowbridge, Uxbridpc, Watford, 
 Wavertree, Wickwar, Windsor, Woolwich. Worthing.
 
 TERMS IN COMMON USE. 
 
 The following words and expressions are used frequently, and 
 may therefore with advantage be explained here : 
 
 Testator. A man who makes a will ; but, generally, whatever is 
 
 stated as to a testator applies also to a 
 Testatrix. A woman who makes, &c. 
 Intestate. A person who dies and leaves no will. 
 Legatee. A person to whom personal property is left by will. 
 Legatee, residuary. A person to whom, after other dispositions, 
 
 a testator leaves the rest of his personal property. 
 Real property. All property that is not personal. 
 Personal property. Generally, leasehold land and property not 
 
 consisting of land. A list of the principal kinds is given 
 
 later. 1 
 Witt. Generally, a disposition of property to take effect only after 
 
 death of person making it. 
 
 Codicil. Generally, an instrument making additions to, or altera- 
 tions in the provisions of, a will. 
 Executor. A person appointed to prove a will and carry out its 
 
 provisions. 
 Administrator. A person appointed to carry out the provisions 
 
 of a will, or to distribute the personal property of a deceased 
 
 person, according to law, wben there is no executor. 
 Probate An order or authority of the Court, declaring the 
 
 validity of a will, and confirming the appointment of an 
 
 executor. 
 
 1 See Appendix A., p. 77.
 
 Xll TERMS IN COMMON USE. 
 
 Administration. In a wide sense, the management and distribu- 
 tion of personal property by an executor or administrator ; 
 in a narrower sense, the management, &c., by an admini- 
 strator. N.B. The word "administration" is often used, 
 for brevity, in the sense of letters of administration (de- 
 fined below). 
 
 Administration, letters of. An order or authority of the Court, 
 appointing a person administrator (see this word defined 
 above). 
 
 Estate, or Estate and effects. In connection with probate and 
 administration, the whole personal property of a deceased 
 testator or intestate. 
 
 Citation. As used in this work, a document from the Probate 
 Division calling upon a person to appear, or to perform 
 some act. 
 
 Affidavit. An oath of which the words are in writing, as dis- 
 tinguished from oral swearing.
 
 THE 
 
 WAY TO PROVE A WILL, &c. 
 
 Preliminary Remarks. 
 
 THE words "probate" and "prove" are applicable, 
 strictly speaking, only where there is an executor who 
 acts. 1 Where there is no such person, the Court, if 
 there is a will, grants letters of administration with 
 the will annexed, 2 and the words mentioned above are 
 then inappropriate. Unfortunately, they are some- 
 times used in such cases, so that some confusion may 
 arise. In these pages we shall always use them in 
 the strict sense. 
 
 Whatever is stated in this work with respect to a 
 will may, generally, be assumed to apply equally to a 
 codicil. 
 
 We shall, in general, use the words " executor " and 
 " administrator " in the singular ; but, where there is 
 no indication to the contrary, a statement as to one 
 
 1 Seeder Cur. in In the Goods of Oliphant, 30 L. J., N. S., P. M. 
 & A. 82, 83, "not entitled to probate, but to administration with 
 the will annexed ; " see, further, as to this kind of administration, 
 p. 32, &c. 
 
 2 See p. 32.
 
 14 THE WAY TO PROVE A WILL, ETC. 
 
 such person may be understood to apply equally to 
 several. 
 
 Any statement as to probate or administration 
 must be understood to apply only to probate, <fec., in 
 common form, as probate, tc., in solemn form is not 
 within the limits of this work. 1 
 
 Probate : Of what Wills, 14 ; Where, 17 ; 
 How, 24; When, 30. 
 
 Probate under 44 Viet. c. 12, ss. 33-36, and limited 
 or special probate, will be mentioned later. 2 Generally, 
 a will of personal property in England 3 must be proved 
 in England by the executor, if any, whether it deals 
 also with real property or not, 4 whether it is made in 
 exercise of a power or not, and, if made in exercise of 
 a power, whether it is made by a married woman or 
 not. 5 This statement extends to real property which, 
 by an instrument creating a power under which the will 
 was made, is directed to be sold, 6 and to property held 
 in trust for a married woman's separate use. 7 A will 
 
 1 " Common form " is where a will is accepted as validly exe- 
 cuted, &c., without the necessity of calling the witnesses, or one 
 of them, to prove its execution ; "solemn form" is the converse 
 of this. 2 See pp. 30, 51. 
 
 It must be remembered that this includes Wales ; see p. 19 
 for meaning of "personal property," see p. ix. 
 
 4 Netter v. Brett, Cro. Car. 391, 395 ; Partridge's case, 2 Salk. 
 [552] ; but not if it merely gives legacies "out of real estate " ; 
 per Cur. in Tucker v. Phipps, 3 Atk. [359], [361]. 
 
 Tatnall v. Hankey, 2 Moo. P. C. C. 342 ; per Cur. in Golds- 
 worthy v. Crossley, 4 Ha. 140, 144, 145. 
 
 6 In the Goods of Gunn, L. R. 9 P. D. 242. 
 
 7 Brownrigg v. Pike L R 7 P. D. 61.
 
 PROBATE, OF WHAT WILLS. 15 
 
 dealing only with real property, generally, may be 
 proved by the executor, if any, 1 but not if made by 
 a married woman under a power, even if she directs 
 a sale, so that the property will ultimately become 
 personal. 2 A will which does nothing but appoint an 
 executor must be proved like any other will.s 
 
 If a testator had no personal property in England, 
 the will cannot, generally, be proved in England; 4 if 
 he had personal property abroad and also in England, 
 it must be proved in England. 5 
 
 It has been said that a will appointing guardians 
 (i.e., merely appointing guardians) need not be proved. 6 
 This means that there need not be administration with 
 the will annexed ; for, as we have seen, a will must be 
 proved even if it merely appoints an executor. 7 
 
 If on executor does not prove, 8 he has no ownership 
 in the property, 9 and cannot bring an action 10 or get 
 testator's money paid to him out of court; 11 and he is 
 
 I Per Cur. in Netter v. Brett, ubi sup. ; per Cur. in In the 
 Goods of Toinlinson, L. K. 6 P. D. 209, 2IO. 
 
 - In the Goods of Tomlinson, ubi sup. 
 
 3 Godolph. Orphans' Legacy, pt. ii. c. v. I ; approved per Cur. 
 in In the Goods of Jordan, L. R. i P. & D. 555, and in Brown- 
 rigg v. Pike, L. E. 7 P. D. 61, 64. 
 
 4 In the Goods of Coode, L. K. i P. & D. 449. 
 
 5 See In the Goods of Harris, L. R. 2 P. & D. 83. 
 
 6 Per Cur. in Gilliat v. Gilliat and Hatfield, 3 Phillim. 222. 
 
 7 See above. 
 
 8 An executor can renounce if he likes ; see p. 42, &c. The 
 statement here made in the text explains, in a general way, what 
 we mean by saying that a will " must " be proved. 
 
 Pinney v. Pinney, 8 B. & C. 335. 
 10 See p. 54. 
 
 II The author has recently met with this in his own practice.
 
 1 6 THE WAY TO PROVE A WILL, ETC. 
 
 subject to penalties, Jcc., for having taken possession 
 unless he proves within a certain time. 1 
 
 If a will gives property by reference to other docu- 
 ments, they must be proved with it. 2 
 
 Some kinds of property are, or may be, exempt 
 from probate, generally within a particular limit as to 
 value. The subject is too long to be treated fully 
 here, but the following are among the persons bene- 
 fited : Officers and others in the Royal Navy (in- 
 cluding R.N. Reserve and Naval Coast Volunteers) ; 3 
 merchant seamen and apprentices; 4 officers and soldiers 
 of H.M. Army; 5 superannuated civil servants; 6 (appa- 
 rently) persons insured in the Customs Annuity and 
 Benevolent Fund, so far as regards the insurance 
 money; 7 various classes of persons of small means, such 
 
 1 55 Geo. 111. c. 184, s. 37 ; see also p. 31. 
 
 2 Among numerous cases, In the Goods of Durham, 4 No. of 
 Ca. 365. 
 
 3 28 & 29 Viet. c. 72, s. 5 (no limit) ; c. Ill, s. 6 (not exceed- 
 ing 100). 
 
 4 17 & 18 Viet. c. 104, ss. 199, 200 (not exceeding .50) ; 19 & 
 20 Viet. c. 41, s. 5 (same limit). 
 
 8 II Geo. IV. & I Will. IV. c. 41, s. 5 (not exceeding ^50 ; 
 repealed except as to pensions and prize-money by 26 & 27 Viet, 
 c. 57, s. 3) ; 2 & 3 Will. IV. c. 53, s. 26 (no limit ; relates to 
 foreigners in British service) ; 27 & 28 Viet. c. 36, e. 3 (not ex- 
 ceeding ,50 ; repealing 2 & 3 Will. IV. c. 53, a. 25, erroneously 
 cited as still in force in Tr. & Co. Prob. Prac. 28). 
 
 6 50 & 51 Viet. c. 67, s. 8 (not exceeding .100). 
 
 7 In Be Rowsell (unreported ; mentioned in Att.-Gen. v. Abdy, 
 I Hurl. & Colt. 266, 297) such insurance money was held to bo 
 free from legacy duty, as not being actual property of the deceased 
 hence it seems that it must be free from probate duty (no limit). 
 The C. A. and B. Fund is a species of insurance office, established 
 under 56 Geo. III. c. Ixxiii., for the Customs service. The " pound-
 
 PROBATE, WHERE. 17 
 
 as depositors in ordinary savings banks, members of 
 industrial and provident societies, &c. ; l (apparently) 
 Post Office Savings Bank depositors, as regards sums 
 paid by the Postmaster-General after depositor's death, 
 in pursuance of a nomination made in his lifetime. 2 
 
 Probate in England (including Wales) is granted 
 only by the Probate, Divorce, and Admiralty Division 
 of the High Court of Justice, 3 generally called, in this 
 work, the "Probate Division." Probate has the effect 
 of authenticating the will, and it is evidence of the 
 character of the executor, 4 who, however, is appointed 
 directly or indirectly by the testator. 5 
 
 The principal registry of the Probate Division is in 
 London ; the rest of England and Wales is divided 
 into forty districts, each having a " district registry." 6 
 
 age " out of the salaries for its support (erroneously stated to be 
 still payable in Tr. & Co. Prob. Prac. 40) was abolished in 1871 
 
 b J 34 & 35 Vict - c - I0 3, s > 1 8. 
 
 1 A useful enumeration will be found in Tr. & Co. Prob. Prac. 
 30, &c. 
 
 2 See Regulations of the Post Office Savings Bank, 44 (not ex- 
 ceeding ;lOO). 
 
 3 20 & 21 Viet. c. 77, s. 4, as affected by 36 & 37 Viet. c. 66, 
 s. 34 ; and see Priestman v. Thomas, p. 56. The later Act 
 transferred this duty to the Probate Division, and, by S. A. s. 18, 
 the President of that Division has many of the powers formerly 
 belonging to the Judge of the Court of Probate. As to "Wales 
 being included, see ihe words " England and Wales " in sched. A. 
 to the earlier Act. 
 
 4 Per Cur. in Matson v. Swift, 18 Be<l. 368, 378. 
 
 5 Per Cur. in Woolley ?. Clark, 5 Barn. & Aid. 744; and see 
 Godolph. Orph. Leg. pt. ii. c. 12. As to administrator leing 
 appointed by the Court, see p. 33. 
 
 K 20 & 21 Viet. c. 77, P. 13.
 
 1 8 THE WAY TO PROVE A WILL, ETC. 
 
 An original application l for probate may be made 
 either to the principal registry or to a district registry 
 if it appears by the affidavit of the applicant or one of 
 the applicants that testator had a "fixed place of 
 abode " in that district at the time of his death ; 2 other- 
 wise it must be made to the principal registry. 3 Ap- 
 plication for a second or subsequent grant must be 
 made to the same registry as the first, and no affidavit 
 as to " fixed place of abode " can be required. 4 When 
 an affidavit as to " fixed place," <fec., has been made 
 and probate granted, the probate extends to all parts 
 of England, 5 and holds good even if it appears after- 
 wards that there was no such fixed place of abode. 
 Even if there is a defective affidavit, or no affidavit 
 at all, the probate discharges and protects persons 
 " paying to or dealing with " the executor. 6 
 
 The principal registry is at Somerset House, Strand, 
 London, W.C. It has no district assigned to it ; the 
 parts of England not included in any district are 
 Middlesex, Surrey, Hertfordshire, the City of London, 
 the Western Division of Kent, the Southern Divi- 
 
 1 As to applications for a second, &c., grant, see below. 
 
 2 S. A. SB. 46, 59. Proof of " fixed place of abode," usually 
 included in affidavit called executor's oath, p. 24. It will, of 
 course, be understood that no such proof is required in the 
 principal registry. 
 
 3 20 & 21 Viet. c. 77, s. 59. Through in that section is 
 clearly a mistake for to. 
 
 4 21 & 22 Viet. c. 95, s. 20. There is an exception as to grants 
 made before 1858, which need not be further mentioned here. 
 
 5 20 & 21 Viet. c. 77, s. 46. Including Wales ; see p. 19. 
 8 S. A. & s.
 
 PROBATE, WHERE. 1 9 
 
 sion of Essex. 1 There are no parts of Wales not 
 included. 
 
 The several districts are constituted and defined in 
 the schedule just referred to, but the arrangement of 
 the schedule is not alphabetical. We shall here give a 
 table of districts, and counties, <kc., included in them, 
 arranged in the alphabetical order of the counties, &c. 2 
 
 TABLE A. 
 
 DISTRICT EEGISTRIES OF PROBATE DIVISION IN ALPA- 
 BETICAL ORDER OF COUNTIES, &c., INCLUDED IN 
 DISTRICTS. 
 
 Counties, Divisions of Counties,' &c., included 
 in Districts. 
 
 Places of Dis- 
 trict Registries 
 
 Ainsty see Yorkshire, East Riding. 
 
 Anglesea ........ 
 
 Bath see Bristol and Bath. 
 
 Bedfordshire ....... 
 
 Berkshire ........ 
 
 Berwick-upon-Tweed (town and county) see 
 
 Northumberland. 
 Brecknockshire . 
 
 Bangor. 
 
 Northampton. 
 Oxford. 
 
 Hereford. 
 
 1 This will be seen from a careful examination of 20 & 21 Viet, 
 c. 77, sched. A., which includes all Wales, and all England 
 except the parts here mentioned. For meaning of " division," see 
 note, below. 
 
 2 A list of " Places of District Registries " in the alphabetical 
 order of the " places " themselves will be found later ; see Appendix 
 B., p. 81, where the places printed in capitals are places of dis- 
 trict registries. 
 
 * The " divisions " of counties mentioned in Table A. are divi- 
 sions as described in 2 & 3 Will. JV. c. 64 ; see 20 & 21 Viet, 
 c. 77, sched. A. The divisions are given at p. 79.
 
 20 
 
 THE WAY TO PROVE A WILL, ETC. 
 
 Counties, Divisions of Counties,* Ac., included 
 in Districts. 
 
 Bristol see Bristol and Bath. 
 
 Bristol and Bath (present County Court districts) 
 
 Buckinghamshire ...... 
 
 Cambridge (University) we Cambridgeshire. 
 Cambridgeshire (including Univtrsity of Cam- 
 bridge) 
 
 Canterbury (city) see Kent. 
 
 Cardiganshire 
 
 Carmarthen (town) tee Carmarthenshire. 
 Carmarthenshire (including town of Carmarthen) 
 Carnarvonshire . 
 
 
 
 Cheshire (including city of Chester) . 
 
 Chester (city) xee Cheshire. 
 
 Cinque Ports 1 see Kent (East division), Sussex 
 
 Eastern division). 
 Cornwall .... 
 County Court Districts see Bristol and Bath. 
 Coventry (city) see Warwickshire. 
 
 Cumberland 
 
 Deanery see East Gower, West Gower. 
 
 Denbighshire 
 
 Derbyshire . . 
 
 Devonshire (including city of Exeter) . . ; 
 Dorsetshire (including town of Poole). . 
 Dover see Cinque Ports. 
 
 Durham (county) 
 
 East Gower (deanery) 
 
 Places of Dis- 
 trict Kegristrics. 
 
 Bristol. 
 Oxford. 
 
 Peterborough. 
 Carmarthen. 
 
 Carmarthen. 
 
 Bangor. 
 
 Chester. 
 
 Bodmin. 
 
 Carlisle. 
 
 St. Asaph. 
 Derby. 
 Exeter. 
 Blandford. 
 
 Durham. 
 Carmarthen. 
 
 * The " divisions " of counties mentioned in Table A. are divi- 
 sions as described in 2 & 3 Will. IV. c. 64 ; see 20 & 21 Viet, 
 c. 77, sched. A. The divisions are given at p. 79. 
 
 1 These are, in Kent (East division), Dover, Hythe, Romney, 
 and Sandwich ; in Sussex (Eastern division), Hastings, Rye, and 
 Winchelsea.
 
 PROBATE, WHERE. 
 
 21 
 
 Counties, Divisions of Counties,* &c., included 
 in Districts. 
 
 East Riding see Yorkshire. 
 
 Essex (North division) . 
 
 Exeter (city) sec Devonshire. 
 
 Flintshire 
 
 Glamorganshire (except deaneries of East and 
 West Gower) ...... 
 
 Gloucester (city) see Gloucestershire. 
 
 Gloucestershire (including city of Gloucester), 
 except present Bristol County Court district 
 
 Gower see East Gower, West Gower. 
 
 Hampshire (including town of Southampton and 
 Isle of Wight) 
 
 Hastings see Cinque Ports. 
 
 Haverfordwest (town) see Pembrokeshire. 
 
 Herefordshire . . . . . 
 
 Hull see Kingston-on-Hull. 
 
 Huntingdonshire ...... 
 
 Hythe see Cinque Ports. 
 
 Isle of Wight see Hampshire. 
 
 Kent (East division, including City of Canter- 
 bury, and such of the Cinque Poits and their 
 dependencies as are locally situate in Kent 1 } 
 
 Kingston-on-Hull see Yorkshire, East Riding. 
 
 Lancashire (except hundred 2 of Salford and West 
 Derby, and City of iManchester) . 
 
 Leicestershire . 
 
 Lichfield (city) see Staffordshire. 
 
 Places of Dis- 
 trict Registries 
 
 Ipswich. 
 St. Asaph. 
 Llumlalf. 
 
 Gloucester. 
 Winchester. 
 
 Hereford. 
 Peterborough. 
 
 Canterbury. 
 
 Lancaster. 
 Leicester. 
 
 * The " divisions " of counties mentioned in Table A. are divi- 
 sions as described in 2 & 3 Will. IV. c. 64 ; see 20 & 21 Viet, 
 c. 77, sched. A. The divisions are given at p. 79. 
 
 1 The Cinque Ports in Kent are Dover, Hythe, Romney, and 
 Sandwich. 
 
 - >SVc in Act as printed, but Salford and West Derby are 
 separate hundreds ; see these names in their proper places.
 
 22 
 
 THE WAY TO PROVE A WILL, ETC. 
 
 Counties, Divisions of Counties,* 4c., included 
 in Districts. 
 
 Places of Dis- 
 trict Registries. 
 
 Lincoln (city) see Lincolnshire. 
 
 Lincolnshire (including city of Lincoln) . . Lincoln. 
 
 Manchester (city) ...... Manchester. 
 
 Merionethshire St. Asaph. 
 
 Monmouthshire LlandatV. 
 
 Montgomeryshire ...... Shrewsbury. 
 
 Newcastle-on-Tync (town and county) ace North- 
 umberland. 
 
 Norfolk (including city of Norwich) . . . Norwich. 
 
 North Hiding see Yorkshire. 
 
 Northampton (town) see Northamptonshire 
 (Southern division). 
 
 Northamptonshire (Northern division) . . 1 Peterborough. 
 
 ,, (Southern division, including | 
 
 town of Northampton) . . . . ! Northampton. 
 
 Northumberland (including towns and counties of 
 
 Newcastle-on-Tyne and Berwick -upon-Tweed) Newcastle on- 
 
 Tyne. 
 
 Norwich (city) see Norfolk. 
 
 Nottingham (town) see Nottinghamshire. 
 
 Nottinghamshire (including town of Nottingham) Nottingham. 
 
 Oxford (University) see Oxfordshire. 
 
 Oxfordshire (including University of Oxford) . i Oxford. 
 
 Pembrokeshire (including town of Haverfordwest) Carmarthen. 
 
 Poole (town) see Dorsetshire. 
 
 Radnorshire Hereford. 
 
 Piiding see Yorkshire. 
 
 llomney see Cinque Ports. 
 
 Ktitland Leicester. 
 
 SalforJ (hundred) . . . . . . I Manchester. 
 
 I 
 
 * The "divisions" of counties mentioned in Table A. are divi- 
 sions as described in 2 & 3 Will. IV. c. 64; see 20 &2I Viet, 
 c. 77, sched. A. The divisions are given at p. 79.
 
 PROBATE, WHERE. 
 
 Counties, Divisions of Counties,* &c., included 
 in Districts. 
 
 Place of Dis- 
 trict Registries- 
 
 Sandwich see Cinque Ports. 
 
 Shropshire 
 
 Somersetshire (Eastern division, except present 
 Bath County Court district, and the part in 
 Somersetshire of present Bristol County 
 Court district) ...... 
 
 Somersetshire (Western division) 
 
 Southampton see Hampshire. 
 
 Staffordshire (including city of Lichfield) . 
 
 Suffolk (Eastern division) ..... 
 
 Suffolk (Western division) . . 
 
 Sussex (Eastern division, including such of the 
 Cinque Ports and their dependencies as are 
 locally situate in Sussex a ) . 
 
 Sussex (Western division) . . . . . 
 
 University see Cambridge, Oxford. 
 
 Warwickshire (including city of Coventry) . 
 
 West Derby (hundred) . 
 
 West Gower (deanery) . 
 
 West Riding see Yorkshire. 
 
 Westmoreland ....... 
 
 Wight, Isle of see Hampshire. 
 
 Wiltshire 
 
 NVinchelsea see Cinque Ports. 
 
 Worcester (city) see Worcestershire. 
 
 Worcestershire (including city of Worcester) 
 
 York (city) see Yorkshire, East Riding. 
 
 Shrewsbury. 
 
 Wells. 
 Taunton. 
 
 Lichfield. 
 Ipswich. 
 Bury St. 
 Edmunds. 
 
 Lewes. 
 Chichesler. 
 
 Birmingham 
 
 Liverpool. 
 
 Carmarthen. 
 
 Carlisle. 
 Salisbury. 
 
 Worcester. 
 
 * The " divisions" of counties mentioned in Table A. are divi- 
 sions as described in 2 & 3 Will. IV. c. 64 ; see 20 & 21 Viet, 
 c. 77, sched. A. The divisions are given at p. 79. 
 
 1 The Cinque Ports in Sussex are Hastings, Rye, and Winchel- 
 sea.
 
 24 THE WAY TO PROVE A WILL, ETC. 
 
 Counties, Divisions of Counties,* 4e., included 
 in District*. 
 
 Place of Dis- 
 trict Kcgistries. 
 
 York Ainsty see Ainsty. 
 
 Yorkshire East Hiding (including town and 
 county of Kingston-on-IIull, city of York, 
 and Ainsty) York. 
 
 Yorkshire, North Riding ..... York. 
 
 Yorkshire, West Riding . .... . i Wakeiicld. 
 
 In cases where any city or town is a county of 
 itself (e.g., Southampton), that county is in the same 
 district as the city or town itself. 1 
 
 Application for probate may be made by the 
 executor himself, or by a solicitor for him. 2 
 
 An affidavit, called the " executor's oath," must be 
 made by the executor in order to obtain probate in any 
 registry. It must be accompanied by an account, and 
 must contain certain statements, which will be found 
 in forms given later. 3 It has been seen that the affi- 
 
 * The " divisions" of counties mentioned in Table A. are divi- 
 sions as described in 2 &3 Will. IV. c. 64; see 20 & 21 Viet. 
 c. 77, sched. A. The divisions are given at p. 79. 
 
 1 See 20 & 21 Viet. c. 77, sched. A. The cities and towns now 
 having separate sheriffs, and therefore baing, apparently, counties 
 of themselves, are: CITIES: Bristol, Canterbury, Chester, Exeter, 
 Gloucester, Lichfield, Lincoln, Newcastle-upon-Tyne, Norwich, 
 Worcester, York ; TOWNS : Berwick-upon-Tweed, Kingston-on- 
 Hull, Nottingham, Poole, Southampton, and (in Wales) Carmar- 
 then, Haverfordwest. 
 
 2 Ru. 1862, 2 ; 1863, 2. There ait; special rules and fees for 
 "personal applications"; these are given I'M extenso later; 
 see pp. 86, 90. 
 
 3 See Forms of " executor's oath," p. 63, &c.
 
 PROBATE, HOW. 25 
 
 davit as to fixed place of abode is necessary in a 
 district registry only; 1 but, when required, it is usually 
 incorporated in the executor's oath (Forms, p. 63, <kc.), 
 so that one affidavit serves for both purposes. 
 
 The registrars may, if necessary, require further 
 proof of identity, 2 and they may institute any in- 
 quiries, and must not allow probate to issue till all 
 such inquiries have been answered to their satis- 
 faction. 3 
 
 Under certain circumstances an inventory of the 
 estate and effects of the deceased must be furnished. 
 
 The executor's oath must be subscribed (i.e., signed 
 at the foot) and sworn by him as an affidavit, and filed 
 in the registry; 4 the will must be "marked" (for 
 identification) by the executor and the person before 
 whom he is sworn. 5 A solemn affirmation may now 
 be made instead of an oath by any person who objects 
 to be sworn, and states, as the ground for his objec- 
 tion, that he has no religious belief, or that the taking 
 of an oath is contrary to his religious belief. 6 
 
 In addition to the " executor's oath," the person 
 applying for probate, " or some other competent 
 person or persons," in order that the proper 1 probate 
 
 1 Sec p. 18. 
 
 - Ru. 1862, 48 ; 1863, 59. 
 
 * llu. 1862,3; 1863,4. In district registries this regulation 
 is stated to refer " more particularly " to personal applications. 
 
 4 llu. 1862, 47 ; 1863, 57. 
 
 Ku. 1862, 49 ; 1863, 60. For enumeration of persons before 
 whom an affidavit may be sworn in other words, persons author- 
 ised to administer oaths see p. 56. 
 
 6 51 & 52 Viet. c. 46, s. I.
 
 26 THE WAY TO PROVE A WILL, ETC. 
 
 duty may be paid, must make an " affidavit for the 
 Commissioners of Inland Revenue," accompanied by 
 an account, and stating, generally, that the estate and 
 effects which belonged beneficially 1 to the testator, 
 including leaseholds for years, whether absolute or 
 determinable on lives, consist of certain particulars, 
 and are of a cei-tain value, specified in such affidavit, 
 to the best of the deponent's belief, &c. If testator 
 died domiciled in the United Kingdom, the person 
 applying for probate may state that fact in the affi- 
 davit, and deliver with it or annex to it a schedule of 
 testator's debts due to persons resident in the United 
 Kingdom, and the funeral expenses ; and in such case 
 those debts and funeral expenses will be deducted 
 from the value of the estate and effects. 2 The debts 
 deducted must not be either voluntary debts, ex- 
 pressed to be payable on testator's death, or debts 
 under an instrument not bona fide delivered to the 
 donee 3 three months before testator's death, or mort- 
 gage debts for which real property is primarily liable 4 
 or for which reimbursement may be claimed from any 
 of testator's real property, " or from any other estate 
 
 1 I.e., not held by him as a trustee for others, but hold either 
 by him for his own benefit, or by others as trustees for him. 
 
 55 Geo. III. c. 184, s. 38, as modified by 43 Viet. c. 14. s. 10, 
 mid 44 Viet. c. 12, B. 28. It must be remembered that the ex- 
 pression " estate and effects '' here means the personal property, 
 and does not include the real. As to meaning of these expres- 
 sions, see p. xi. 
 
 a I.e., the person to whom the " instrument" is given. 
 
 4 E.g., debts secured by mortgage of freehold land; see 17 & 18 
 Viet. c. 113.
 
 PROBATE, HOW. 27 
 
 or pei-son;" 1 but they may be mortgage debts on 
 leasehold property of testator if that property is "the 
 sole security by way of mortgage 1 ' for them. 2 The 
 funeral expenses must be only such as are "allowable 
 as reasonable funeral expenses according to law/' 3 
 Forms for this affidavit are to be provided by the 
 Commissioners of Inland Revenue/ 1 
 
 An executor cannot obtain probate without pro- 
 ducing the affidavit for the Commissioners of Inland 
 Revenue, 5 and he may be put to much inconvenience 
 if he takes possession without probate. 6 
 
 Lastly, the executor has to pay the probate duty ; 7 
 if there have been several devolutions, he must pay as 
 many probate duties. 8 Probate is then granted, and 
 a copy of the will, called the " probate copy," or 
 " probate," 9 is given to him. It is engrossed on parch- 
 
 1 44 Viet. c. 12, s. 28. 
 
 2 31 & 32 Viet. c. 124, a. 7. 
 
 3 44 Viet. c. 12, s. 28. 
 
 4 S. A. s. 29. See, further, as to these forms, p. 75. 
 
 5 55 Geo. III. c. 184, g. 38. 
 
 6 See p. 31. 
 
 7 See 44 Viet. c. 12, s. 30. Under certain circumstances credit 
 may be given for the duty : 55 Geo. III. c. 184, s. 45. 
 
 8 Att.-Gen. v. Partington, L. K. 4 E. & I. 100. This was, in 
 fact, a case of two devolutions by intestacy, but the principle 
 applies equally to any number of devolutions, whether by intestacy 
 or by will. 
 
 9 Strictly speaking, the official document annexed wonld seein 
 to be the " probate," and the copy of the will the " probate copy " 
 (see Ru. 1862, 79; 1863, 93; and titles of those rules); but 
 the two documents together are very commonly spoken of as the 
 "probate.'' The executor is recommended to keep the probate
 
 28 THE WAY TO PROVE A WILL, ETC. 
 
 inent, and has annexed to it the grant of probate, also 
 ~ engrossed on parchment, and sealed with the seal of 
 the registry. The original will is preserved in the 
 registry ; but it, or a copy of it, may be inspected, and 
 a copy of the whole or any part may be obtained by 
 any person on payment of certain fees. 1 The executor 
 is now clothed with his full character, and is com- 
 petent to perform all his duties. 
 
 Probate duty is payable on real property " con- 
 verted " by a direction or contract to sell, in the same 
 manner as on personal property. 2 And it is payable 
 on a registered British ship, even if out of the United 
 Kingdom at time of death. 3 There is no probate duty 
 in the case of a common seaman, marine, or soldier 
 who is slain or dies in the service of the Crown, 4 or 
 (apparently) in the case of the persons excepted from 
 probate and administration as mentioned earlier.' 
 
 We subjoin a table of the usual rates of probate 
 duty. 6 The new duty for property exceeding ^10,000 
 in value is not payable except in the case of grants 
 made on or after June i, 1889. This new duty and 
 
 in some safe place, as, for instance, in the vaults of the National 
 Safe Deposit Company. 
 
 1 20 & 21 Viet. c. 77, SB. 66, 69. 
 
 - In the Goods of Gunn, L. K. 9 P. D. 242. See S. C. p. 14. 
 shewing that there may he prohate of a will dealing with such 
 property only. 
 
 3 27 & 28 Viet. c. 56, s. 4. 
 
 4 55 Geo. III. c. 184, sched., pt. III. 
 '" See p. 16. 
 
 6 As to deduction of funeral expenses and dehts in estimating 
 the value, see p. 26. Certain special rules will be described at 
 p. 30 (estates not exceeding .300 in value).
 
 PROBATE, HOW. 2Q 
 
 the corresponding new succession duty for properties 
 of like value will probably be called " estate duty," 
 as that expression is used in marginal notes, &c., of 
 the Act. 
 
 TABLE B. 
 
 PROBATE DUTY. 
 (Founded on the provisions of 44 Viet. c. 12, and 52 Viet. c. 7.) 
 
 Personal Estate 
 
 Amount of 
 
 Personal Estate 
 
 Amount of 
 
 not over 1 
 
 Duty. 
 
 not over l 
 
 Duty. 
 
 
 
 * 
 
 
 
 - <'. 
 
 IOO 
 
 none 
 
 600 
 
 1500 
 
 150 
 
 300 
 
 650 
 
 16 5 o 
 
 20O 
 
 400 
 
 700 
 
 17 10 o 
 
 250 
 
 500 
 
 750 . 
 
 18 15 o 
 
 300 
 
 600 
 
 800 
 
 20 o o 
 
 35 
 
 700 
 
 850 
 
 21 5 o 
 
 400 
 
 800 
 
 900 
 
 22 IO 
 
 45 
 
 900 
 
 950 
 
 23 15 o 
 
 500 
 
 10 o o 
 
 1,000 
 
 25 o o 
 
 550 
 
 J 3 15 
 
 
 
 Over ,1,000 
 
 Over ,10,000 
 
 3 for ^ 100, and for any frac- 
 tional part of 100 over any 
 multiple of ;:oo. 
 
 ji for 100, and for any frac- 
 tional part of ;ioo over 
 .any multiple of ^100, in 
 addition to duty payable 
 as above. 
 
 1 The estate is considered " over : 
 sum only by shillings and pence. 
 
 even if it exceed the stated
 
 30 THE WAY TO PROVE A WILL, ETC. 
 
 Certain special rules as to probate in the case of 
 estates not exceeding the value of ^300 (which are 
 permissive, not obligatory) may be thus described : 
 
 They only apply to estates of persons dying on or 
 after June i, 1881. The value must include personal 
 property (if any) out of the United Kingdom, and 
 there is no deduction for debts or funeral expenses. 
 The applicant must deliver a notice to the "proper 
 officer of the Court " or to any officer of Inland 
 Revenue appointed for the purpose, setting forth the 
 required particulars, and must deposit 15$. for fees 
 and expenses, and, if the value exceeds ;ioo, 30*. 
 for duty. 1 Officers of Inland Revenue may administer 
 oaths or affirmations, 2 and may attest 3 and accept the 
 administration bond. 4 
 
 An alphabetical list of the places where there are 
 offices of Inland Revenue at which applications may 
 be made will be found later. 5 
 
 Probate cannot be obtained generally till after seven 
 days from testator's death, except under authority of 
 the judge or two registrars (one if the application is 
 
 1 There is no probate duty when an estate does not exceed 
 ^100; see p. 29. 
 
 2 As to persons authorized, generally, to administer oaths^ &c., 
 see p. 56. 
 
 a As to persons, generally, who may attest an administration 
 bond, see p. 36. 
 
 4 44 Viet. c. 12, ss. 33-36. These provisions apply equally 
 to administration. They apply, mutatis mutandis, to Ire- 
 land ; the Act contains corresponding provisions as to Scotland. 
 As to the nature, &c., of the administration bond, see pp. 32, 
 
 34, &c. 
 
 5 See Appendix B., p. 81.
 
 SEVERAL EXECUTORS. 31 
 
 in a district registry) of the principal registry. 1 
 an application after three years' delay, the cause must 
 be certified ; 2 if the certificate proves unsatisfactory, 
 further proof may be required. 3 It is, however, 
 unwise to delay applying so long, for any person 
 forfeits ^100, besides 10 per cent, on the probate 
 duty, who takes possession of or administers any part 
 of the estate, unless he obtains probate or administra- 
 tion within six calendar months after testator's death, 
 or two calendar months after the termination of any 
 suit or dispute respecting the will or right of adminis- 
 tration which may be going on four calendar months 
 after the death. 4 And he must pay the same duty, 
 or twice the duty, that would be payable if probate 
 had been taken out. 5 
 
 Several Executors, 31 ; No Executor, 32. 
 
 Several executors may prove a will together ; if 
 some die or renounce, the rest may prove. If probate 
 be granted to one or more, power is reserved of 
 making a grant (called " double " probate) to the 
 others. 6 
 
 1 Ru. 1862, 43 ; 1863, 51. 
 - Kb. 1862, 45 ; 1863, 53. 
 :! Ibid. 
 
 4 55 Geo. III. c. 184, s. 37. 
 
 5 28 & 29 Viet. c. 104, s. 57 ; 44 Viet. c. 12, s. 40. It is im- 
 possible to state exactly bow these Acts work together, but it is 
 clear that, read them how we may, they render long delay very 
 dangerous. 
 
 6 These are matters of ordinary practice. No limit is laid down 
 as to the number. For Form of oath on double probate, see p. 64.
 
 32 THE WAY TO PROVE A WILL, ETC. 
 
 If thei-e is a will, but no willing and competent 
 executor,' administration with the will annexed, not 
 probate, is granted. 2 A person may be incompetent 
 by reason of infancy, idiocy, lunacy, or the like, 3 but 
 not on account of conviction for felony or attempted 
 fraud on the estate. 4 
 
 Administration Preliminary, 32 ; Where, 33 ; 
 How, 33 ; When, 38. 
 
 Administration under 44 Viet. c. 12, KB. 33-36, and 
 under 36 <fc 37 Viet. c. 52 and 38 & 39 Viet. c. 27, and 
 limited or special administration are mentioned else- 
 where.* 
 
 In having to act under the provisions of a will, an 
 administrator with the will annexed resembles an exe- 
 cutor; in having to give a bond, commonly called an 
 "administration bond,'" he resembles an ordinary 
 administrator. We shall now treat of administrators 
 generally, and our statements must be taken to apply 
 to both kinds, except when otherwise mentioned. 
 
 An ordinary administrator is appointed if there is 
 
 1 Sometimes even without these circumstances ; see p. 48. 
 
 - Even if there is ft will of real property and the executor re- 
 nounces : In the Goods of Jordan, L. R I P. & D. 555. As to a 
 will merely appointing guardians, see p. 15. 
 
 3 See Godolph. Orph. Leg. pt. ii. c. 6, 2. 
 
 4 Smetlmrst . Tomlin and Bankes, 2 Sw. & Tr. 143 (conviction 
 for felony). In the Goods of Hett, 6. Jur. 350 (attempted fraud). 
 
 5 See p. 30 ; (estates not exceeding ^300 in value) ; 37 (not 
 exceeding .100 in value) ; 53 (limited, &c., administration). 
 
 6 This will be described later ; see p. 34. An executor does 
 not have to give such u bond.
 
 ADMINISTRATION, WHERE, HOW. 33 
 
 no valid will; 1 we have stated earlier under what cir- 
 cumstances an administrator with the will annexed is 
 appointed. * 
 
 Administration is not granted in England unless 
 there is property of the deceased in England. 3 
 
 Exemptions from probate apply equally to adminis- 
 tration. 4 
 
 Letters of administration, like probate, are granted 
 only by the Probate Division. 5 The details given 
 above as to the principal and district registries, as to 
 applying personally or by a solicitor, as to a grant ex- 
 tending to the whole of England and Wales, and the 
 like, apply to administration equally with probate. 6 
 A grant of administration operates as the appoint- 
 ment of an administrator; an administrator can be 
 appointed only by the Court. 7 
 
 An applicant for letters of administration must 
 make an affidavit, called the " administrator's oath." 
 Generally, this is like an " executor's oath," 8 but it 
 must state why the application is necessary (that the 
 
 1 See Forms of administrator's oath, p. 67, &c. In the Goods 
 of Graham, L. R. 2 P. & D. 385. 
 - See p. 13. 
 
 3 In the Goods of Tucker, 3 Sw. & Tr. 585. " England " in- 
 eludes Wales, p. 19. 
 
 4 See p. 1 6. 
 
 5 As to probate, see p. 17 ; the references there given apply 
 equally to administration. 
 
 6 See p. 17, &c. ; the references there given apply, mutatis mu- 
 tandis, to administration. 
 
 7 Godolph. Orph. Leg. pt. ii. c. 12. An executor is appointed 
 by testator; see p. 17. 
 
 8 As to executor's oath, see p. 24, &c.
 
 34 THE WAY TO PROVE A WILL, ETC. 
 
 deceased died intestate, or made a will without ap- 
 pointing an executor, or the like), 1 and must " clear 
 off all persons having a prior right to the grant " (i.e., 
 shew that there are none), and shew (if it is so) that 
 the applicant is the only next-of-kin, or one of the 
 next-of-kin. In administrations of a " special char- 
 acter," the recitals (i.e., the narrative of the circum- 
 stances which have caused the application) must be 
 framed according to the facts of the case. 2 
 
 The regulations as to further proof of identity, 
 inquiries by the registrar, subscribing the " oath," 
 " marking" the will, and affirming instead of swearing, 
 are the same in administration as in probate. 3 
 
 Under certain circumstances a declaration or an 
 inventory of the estate and effects of the deceased 
 must be furnished. 
 
 An affidavit for the Commissioners of Inland 
 Revenue must be made, as in the case of probate. 4 
 
 By the administration bond' 5 the admin istra tor 
 binds himself, under a penalty, to duly collect, get in, 
 and administer the personal estate of the deceased c 
 
 1 See Forms of administrator's oath, p. 67, &c. 
 
 2 Ru. 1862, 37 ; 1863, 43. See further as to special adminis- 
 tration, p. 52. As to the order in which relations, &c., have a 
 right to the grant, see p. 43, &c. 
 
 3 As to these matters in relation to probate, see p. 25 ; the 
 references there given apply here also, mutatis mutandis. 
 
 4 As to the nature, &c., of this affidavit, see pp. 25-27. 
 Mentioned at p. 32. 
 
 6 2O & 21 Viet. c. 77, s. 81, as affected by 36 & 37 Viet. c. 66, 
 B. 31, &c. As to bond by a guarantee society, see In the Goods 
 of G. Harver, Harver v. Harver (Crook intervening), L. R. 14 
 P. D. 81. The husband need not concur in a married woman's 
 bond: In the Goods of Ayres, L. R. 8 P. 1). 168.
 
 ADMINISTRATION, HOW. 35 
 
 (Forms, pp. 71, 73). The bond may be with or with- 
 out sureties, according to circumstances. 
 
 Sureties may be dispensed with if the Court thinks 
 fit e.g., if the property has been transferred to the 
 Accountant-General of the Court of Chancery 1 
 especially if there is difficulty in finding any, and if the 
 administrator is entitled to the whole estate for his 
 own benefit but not merely because there is diffi- 
 culty, &c , even if a receiver has been appointed by the 
 Chancery Division ; 3 and not where the administrator 
 becomes a lunatic, and his committee applies for pay- 
 ment of money out of court for his (the administra- 
 tor's) use and benefit. 4 
 
 Only one surety is required to the bond of the 
 husband or his "representative." 5 In a district 
 registry one surety only " may be taken " where the 
 property is under the value of ^50 ; 6 two are re- 
 quired in other cases. 7 In all registries two are 
 required (except in the case of the husband, &c.) 
 where there is limited or special administration. 8 
 
 1 Cleverly r. Gladdish, In the goods of Cleverly, 2 Sw. & Tr. 
 335. There is no such officer now, but the decision must be 
 read mutatis mutandis. 
 
 2 In the Goods of l)e la Farque, ibid. 631. 
 
 3 Jackson v. Jackson, L. K. i P. & D. 12. 
 
 4 In the Goods of Morris, L. R. 15 P. D. 9. 
 
 ' Ku. 1862, 39 ; 1863, 46 ; In the Goods of Noel, 4 Hagg. 207. 
 B llu. 1863, 45. 
 
 7 There is no actual rule, apparently, for the principal registry, 
 but two seem to be generally required ; see Forms of administra- 
 tion bonds, pp. 71, 73. For limited, &c., administration, gene- 
 rally, see p. 52. 
 
 8 llu. 1862, 39 ; 1863, 46 ; as to the husband, &c., see above.
 
 36 THE WAY TO PROVE A WILL, ETC. 
 
 Where deceased was a Scotchman, and there was 
 difficulty in finding two sureties in England to take all 
 the responsibility, the Court allowed a bond with 
 " four or five " sureties. 1 
 
 Sureties, generally, must be resident in England ; 2 
 but under special circumstances they may be resident 
 out of England. 3 The sureties must justify 4 under 
 certain circumstances mentioned in the Rules of 
 Court ; 5 and may be ordered to justify if the property 
 requires special protection. 6 To " justify " 7 is to shew 
 by affidavit that the sureties have, together, enough 
 property to make the bond effective generally twice 
 the value. 
 
 An administration bond is generally in double the 
 gross value of the estate ; but it may be reduced, 8 or 
 there may be more bonds than one. 9 
 
 The witness to the bond must be generally an 
 officer of the principal registry, or a district registrar 
 or his chief clerk, or a commissioner or other person 
 
 1 Herbert v. Sheill, 3 Sw. & Tr. 479. 
 
 2 S. C. 
 
 > In the Goods of Houston, L. R. I P. & D. 85 (no debts) ; In 
 the Goods of Uzuaga, L. 11. 4 P. D. 229 (all debts paid). 
 4 For meaning of this word, see below. 
 8 Ru. 1862, 42 ; 1863, 49. 
 
 6 Coppin . Dillon, 4 Hagg. 361 ; In the Goods of Campbell, 
 2 Hagg. 555 ; In the Goods of Noel, 4 Hagg. 207 ; John v. Brad- 
 bury, L. R. i P. & D. 245. 
 
 7 In the place of "justifying sureties," the expression "justify- 
 ing security" or "justifying securities" is sometimes used. 
 
 s 20 & 21 Viet. c. 77, s. 82; and see lu the Goods of Gent, i 
 Sw. & Tr. 54 ; In the Goods of Paxlon, L. R. 14 P. D. 40. 
 
 8 S. A. & B.
 
 ADMINISTRATION, WHERE, HOW. 37 
 
 authorized to administer oaths under 20 & 21 Viet, 
 c. 77 ; not the solicitor or agent of the person executing 
 it. 1 The administrator's signature, 'if not taken in the 
 registry, must be attested by the person administering 
 the oath. 2 
 
 Lastly, probate duty must be paid ; 3 administration 
 is then granted. If the will is annexed, a copy is 
 delivered to the administrator, with an annexed 
 official document, called a grant of letters of adminis- 
 tration ; if there is no will, the grant is delivered 
 alone. 4 
 
 The provisions as to copies, &c., are, mutatis mu- 
 tandis, the same as in the case of probate. 5 
 
 The provisions mentioned earlier as to probate when 
 the estate does not exceed ,300 in value apply 
 equally to administration. 6 
 
 The provisions mentioned above as to estates not 
 exceeding ^100 in value 7 (which are permissive, not 
 obligatory) are as follows : 
 
 The applicant or applicants (widow, or one or more 
 children, of an intestate man; or one or more children 
 
 1 See that Act, s. 27, and Ru. referred to below. For persons 
 authorized to administer oaths, generally, see p. 56. 
 
 2 Ru. 1862,38; 1863,44. For particular cases of small estates, 
 see pp. 30, 38. 
 
 3 The expression " probate duty " is merely popular ; the duty 
 is payable on administration in the same way as probate ; see 
 44 Viet. c. 12, s. 27, &c. 
 
 4 See 20 & 21 Viet. c. 77, ss. 66, 69. The grant should be 
 kept in some safe place, e.g., the vaults of the National Safe 
 Deposit Company. 
 
 ' 20 & 21 Viet. c. 77, s. 69 ; as to probate, see p. 28. 
 6 See p. 30. "' See p. 32,
 
 38 THE WAY TO PROVE A WILL, ETC. 
 
 of an intestate widow) must reside more than three 
 miles from the pixtbate registry having jurisdiction in 
 the matter; the application is made to the registrar 
 of the county court within the district of which the 
 intestate had his fixed place of abode at the time of 
 his death. The " said " registrar fills up the papers re- 
 quired by the Probate Division, swears the applicant 1 
 and attests the administration bond, 3 and transmits 
 the documents to the probate registrar, 8 who makes 
 out and seals letters of administration, and sends them 
 to the "said " county court registrar, to be delivered 
 by him to the applicant on payment of a fee of 53. 
 if the value of the estate is 20 or under, and the 
 further sum of is. for every 10 or fraction of 10 
 over 20. The county court registrars may admin- 
 ister oaths, <fec. 4 
 
 The law respecting administration with the will 
 annexed agrees, as to time, with that respecting pro- 
 bate ; the penalties for not administering are the 
 same. 6 The law respecting ordinary administration is 
 the same, except that the shortest time allowed is 
 fourteen days instead of seven. 6 
 
 1 As to persons authorized, generally, to administer oaths, see 
 p. 56. 
 
 - As to persons, generally, who may attest an administration 
 bond, see p. 36. 
 
 3 As to these words, see <; The Probate Registry," &c. above. 
 
 4 36 & 37 Viet. c. 52; 38 & 39 Viet. c. 27; applicable, 
 mutatis mutandis, to Ireland : see former Act, e. 7. 
 
 5 See p. 30 ; the refeiences there given apply here, 
 mutandis. 
 
 '' Ku. 1862, 44; 1863, 52.
 
 WHO SHALL BE EXECUTOR. 39 
 
 Who shall be Executor, 39; Renunciation of 
 Probate, 42. 1 
 
 An executor is usually appointed expressly and 
 absolutely by the simple words " I appoint so-and-so 
 my executor," but the following are instances where 
 it is not so. They are only mentioned briefly, as in 
 any such case it will generally be wise for our readers 
 not to rely on their own study of these pages, but to 
 seek professional advice. 
 
 A person becomes executor "according to the tenor" 
 if testator gives him an executor's powers and duties, 
 either by directing him to pay his debts, funeral 
 expenses, legacies, (fee., or by using words which amount 
 to the same thing e.g., committing his goods to his 
 administration. 2 An executor according to the tenor 
 takes out probate like other executors. 3 
 
 Succession or transmission in the case of an executor 
 by the tenor will be mentioned later. 4 
 
 A testator may authorize another person, either by 
 express words or otherwise, to appoint an executor, 
 
 1 With this is included conduct equivalent to renunciation. 
 
 2 In the Goods of Manly, 3 Sw. & Tr. 56 ; In the Goods of Fry, 
 i Hagg. 80 ; In the Goods of Adamson, L. B. 3 P. & D. 253 ; 
 Godolph. Orph. Leg. pt. ii. c. 5, s. 3 ; Pemberton v. Cony, i 
 Crn. Eliz. 164 ; In the Goods of Lush, L. R. 13 P. D. 20 ; In the 
 Goods of Baylis, L. R. i P. & D. 21 ; per Cur. in In the Goods 
 of Lowry, L. R. 3 P. & D. 157, 159 ; In the Goods of Brown, 
 L. R. 2 P. & D. no; Grant v. Leslie, 3 Phillim. 116. Thore 
 cannot be an administrator according to the tenor : see p. 48. 
 
 s See above-mentioned cases, generally. 
 4 See p. 40.
 
 40 THE WAY TO PROVE A WILL, ETC. 
 
 who will then be executor by "nomination." 1 A 
 person authorized to appoint " some one " may appoint 
 himself. 2 An executor by nomination proves the will, 
 like other executors.'' 
 
 A person becomes executor of a will if he proves 
 the will of the only or surviving executor of that will, 4 
 provided that both wills are proved in the same 
 country. 5 Such a person is an executor by " succes- 
 sion" or "transmission." The doctrine extends to 
 the executor of an executor according to the tenor. 
 To be a " surviving executor " for this purpose it is 
 sufficient to be the survivor of those who have actually 
 proved. 7 An executor by succession or transmission 
 does not prove the first will. 8 Succession or trans- 
 mission is not interrupted by a grant to an attorney. 9 
 
 1 Jackson and Gill r. Paulet, 2 Robert. 344 ; In the Goods of 
 Ryder, 2 Sw. & Tr. 127 ; In the Goods of Cringftii, I Hagg. 548. 
 - In the Goods of Ryder, ubi sup. 
 
 3 See the above-mentioned cases, generally. 
 
 4 Bro. Abr., Administrators and Administracion, 7 ; per Cur. 
 in In the Goods of Perry, 2 Curt. 655 (as to an only executor) ; 
 Fowler v. Richards, 5 Russ. 39 ; In the Goods of Beer, 2 Robert. 
 349 (as to a surviving executor). There is no succession, &c., if 
 there is a substituted executor ; see p. 41, note. 
 
 5 Twyford v. Trail, 7 Sim. 92 ; In the Goods of Gaynor, L. R. 
 I P. & D. 723. 
 
 6 In the Goods of Griffin, I. R. 2 Eq. 320. As to an executor 
 according to the tenor, generally, see p. 39. 
 
 7 Per Our. in In the Goods of Delacour, I. R. 9 Eq. 86. This 
 is by the effect of 20 & 21 Viet. c. 77, s. 79. 
 
 8 In the Goods of Noddings, 2 Sw. &Tr. 15, as corrected in In 
 the Goods of Lorimer, 2 Sw. & Tr. 471 ; and see In the Goods of 
 Mnrgnin, L. R. 9 P. D. 236. 
 
 9 In the Goods of Bayard, I Robert. 768 ; In the Good* of
 
 WHO SHALL BE EXECUTOR. 41 
 
 Eenunciation by executor of executor will be men- 
 tioned later. 1 
 
 A testator may appoint a person to succeed another 
 as executor, whether the first executor proves the will 
 or not, 2 either expressly or by the words " in default 
 of." 3 Such a person is called an executor by "sub- 
 stitution." 4 An executor so substituted on death must 
 prove the will, like other executors. 5 The same holds 
 good, no doubt, as regards an executor substituted 
 after a fixed period (e.g., ten years), though this has 
 been denied in a well-known work. 6 
 
 A person may become in some sort an executor by 
 merely intermeddling with the estate ; such a person 
 is called an executor de son tort."' He " has all the 
 liabilities, but none of the privileges," of a lawful 
 executor, 8 and prudent persons will avoid placing 
 themselves in such a position. 
 
 Mnrguix, L. R. 9 P. D. 236 ; for administration by attorney, 
 generally, see p. 53. 
 
 1 See p. 42. 
 
 - In the Goods of Lighten, I Hagg. 235 ; In the Goods of John- 
 son, I Sw. & Tr. 17. 
 
 3 In the Goods of Foster, L. R. 2 P. & D. 304. These words 
 cause a succession on death of first executor. In such a case there 
 can be no " succession or transmission " : In the Goods of Foster, 
 ubi sup. 
 
 4 S. C. ; In the Goods of Lighten, ubi sup. 
 
 5 See cases above mentioned, generally. 
 
 6 See i Will. Ex. & Ads. (8th ed.), 387, citing Anon. Freem. 
 Ch. 313 (S. C. I Ca. in Ch. 265, n Vin. Abr. [56], 13) but this 
 case seems contrary to principle, and was clearly disapproved per 
 f 'in-, in Watkins v. Brent, I M. & Cr. 97. 
 
 7 Read's case, 5 Co. Rep. [33 b]. 
 
 8 Per Cur. in Carmidiael v. Carmichael, 2 Phillips, 101. io\
 
 42 THE WAY TO PROVE A WILL, ETC. 
 
 Generally, a person may renounce the office of 
 executor after testator's death, 1 even if in testator's 
 lifetime he agreed to accept it. 2 (Form of renuncia- 
 tion, p. 70.) If he neither acts nor renounces, he may 
 be served with a citation to accept or refuse, and 
 if he does not appear to the citation his right to 
 probate wholly ceases, and it is granted to the person 
 who would have been entitled if he had not been 
 appointed. 3 
 
 An executor cannot renounce if he has inter- 
 meddled with the estate. 4 
 
 A renunciation once filed cannot be recalled at 
 pleasure, for it causes the right to a grant wholly to 
 cease ; 5 but the Court, probably, can allow it to be re- 
 called. It may be withdrawn at pleasure until filed ; 7 
 after that, it takes effect as from the day on which it 
 was actually made. 8 
 
 An executor by succession or transmission cannot 
 renounce the first will and prove the second ; 9 nor can 
 
 1 Per Cur. in Douglas ?>. Forrest, 4 Bing. 686, 704 ; Bae. Abr. 
 Executors and Administrators, (E), 9. How the right of renuncia- 
 tion may be lost, see below. 
 
 Per Cur. in Doyle v. Blake, 2 Sch. & Lef. 231, 239. 
 
 3 20 & 21 Viet. c. 77, s. 79, as modified by 21 & 22 Viet. 0.95, 
 
 8. 1 6. 
 
 4 See, among other cases, Mordannt v. Clarke and Clarke, 
 I* R. i P. & D. 592. 
 
 5 20 & 21 Viet. c. 77, s. 79. 
 
 6 Per Cvr. in In the Goods of Badenach, 3 Sw. & Tr. 465, 
 466, and in In the Goods of Gill, L. R. 3 P. & D. 1 13, 115. 
 
 7 In the Goods of Moranr, L. R. 3 P. & D. 151. 
 
 8 Mtmday and Berry r. Slaughter, 2 Curt. 72. 
 
 9 See Jn the Goods of Perry, 2 Curt. 655 : I'rooko r. Haymrs
 
 WHO SHALL BE ADMINISTRATOR. 43 
 
 lie, apparently, prove the first and renounce the 
 second. 1 
 
 It is probable that probate may be renounced by 
 attorney.' 2 
 
 Who shall be Administrator, 43 ; Administrator 
 under 20 & 21 Viet. c. 77, s. 73, 48 ; Kenunciation 
 of Administration, 50. 
 
 There are certain ordinary rules for determining 
 who has the first light to letters of administration. 
 Departures from these rules will be treated later. 8 
 Under the ordinary rules, the right accrues to wife or 
 relations of a deceased male 4 in the following order : 
 
 Wife. 5 
 
 Next-of-kin (or some or one, as the Court may think 
 fit) in order as follows :* 
 
 Children. 
 
 Grandchildren. 
 
 L. R. 6 Eq. 25 ; per Cur. in In the Goods of Delaconr, I. R. 9 
 Eq. 86. 
 
 1 See 2 Shep. Touch. (Preston's edit.), p. 464. 
 
 - From analogy of administration, as to which see p. 51. 
 
 :: See p. 46, &c. 
 
 4 For slight variation in the case of a deceased female, see 
 
 P-45- 
 
 ' 21 Hen. VIII. c. 5, s. 2 (s. 3 in Ruffhead's edit.); and see 
 per Cur. in In the Goods of Corser, 31 L. J., N. S., P. M. & A. 
 170, 171. Xot divorced wife : In the Goods of Nares, L. R. 13 
 P. D. 35. Wife preferred by practice of Court, though equal 
 under Act, to next-of-kin : S. C. 
 
 6 S. A. & s. The order is established by the practice of the 
 Court..
 
 44 THE WAY TO PROVE A WILL, ETC. 
 
 Remoter descendants. 
 
 Father. 
 
 Mother. 
 
 Brothers and sisters. 
 
 Grandfathers and grandmothers. 
 
 Uncles, aunts, nephews, nieces (and, apparently, 
 
 great-grandfathers and great-grandmothei's '). 
 More distant relations ; the nearest preferred. 
 
 It must be understood that the grant goes to the 
 earliest person (or set) in the above list who is living 
 and willing to act. 2 To find who is entitled among 
 the " more distant relations," we count the steps or 
 " degrees " upwards and downwards, and then add. 
 Thus, for first cousins, the degrees are 2 up to gi-and- 
 father, then 2 down, or 4 in all ; for second cousins, 
 3 up to great-grandfather, then 3 down, or 6 in all ; 
 therefore the first cousins are the next-of-kin. 
 
 Observe that the next-of-kin for the purpose of 
 administration are not always the same as the next- 
 of-kin for the purpose of descent.'' 
 
 If all the next-of-kin are minors (i.e., under twenty- 
 one), their guardian may be appointed administrator 
 during their minority. 4 A guardian appointed by the 
 
 1 See I Will. Ex. & Adm. 431, referring to 2 Bl. Comm. 505, 
 where, however, these relations are not actually mentioned. 
 
 2 Not always the nearest relation ; e.g., grandson comes before 
 father (see list, p. 43). 
 
 3 This is only briefly mentioned here to prevent mistakes ; a 
 description of next-of-kin for the latter purpose is not required 
 here, but is given in the author's " Will-making made Safe and 
 Easy" (.Tonn Hogg, 13, Paternoster Row), Appendix A. 
 
 1 Ku. 1862, 33-36 ; 1863, 39-42.
 
 WHO SHALL BE ADMINISTRATOR. 45 
 
 father's will is preferred to an elected guardian 
 probably the same applies to a mother. 2 In some cases 
 the Court appoints a guardian for the express purpose 
 of administration, usually one of the minor's nearest 
 relations ; 3 if there are no known relations, a creditor 
 may be appointed. 4 
 
 In the case of a deceased female's relations, the 
 same order as to right of administration is followed, 
 but a surviving husband has a prior right, 5 which 
 passes to his executor or administrator, 6 not to his 
 trustee in bankruptcy. 7 
 
 Observe that the strict letter of the law as to right 
 of administration shews no partiality as between the 
 sexes (except in the cases of husband and wife, and 
 father and mother), between whole and half blood, 
 between paternal and maternal side, or between older 
 and younger persons in equal degrees of relationship. 
 Out of several persons so related, all or any one or 
 more may have the grant, 8 according to circumstances. 
 It may, however, be taken as a general rule that one 
 
 1 In the Goods of Morris, 2 S\v. & Tr. 360. 
 
 2 A mother may now appoint a guardian by deed or will ; see 
 49 50 Viet. c. 27, s. 3. 
 
 3 See Ru. 1862, 34; 1863, 40. 
 
 4 In the Goods of Peck, 27 L. J., N. S., P. & M. 106. 
 
 5 29 Car. II. c. 3, B. 25 ; made perpetual by i Jac. II. c. 17, 
 s. 5 ; and see Squib v. Wyn, i P. W. [378]. A divorced husband, 
 probably, has no right ; see analogy of divorced wife, p. 43, note. 
 
 6 In the Goods of Harding, L. lv. 2 P. & D. 394 ; except, 
 apparently, where wife takes under 7 Will. IV. & I Viet. c. 26, 
 s. 33 ; see In the Goods of Counccll, L. 11. 2 P. & D. 14. 
 
 7 In the Goods of Turner, L. R. 12 P. D. 18. 
 s Sec p. 43, " or some or one, " &c.
 
 46 THE WAY TO PROVE A WILL, ETC. 
 
 or more cannot have it without giving notice to the 
 others, so that they may apply if they like ; but that, 
 as a matter of practice, a man of business is preferred 
 to another man, 1 a male to a female, 2 an older to a 
 younger person, 3 a person having the largest interest 
 or favoured by those who have it to another person, 4 
 whole blood to half blood, 5 the first to a later appli- 
 cant. 6 
 
 Residuary legatees (even if there is no residue) or 
 universal legatees are preferred even to next-of-kin. 7 
 A residuary legatee in remainder may have the grant 
 if the residuary legatee for life cannot take it. 8 On a 
 sole residuary legatee's death, his executor or adminis- 
 trator may be appointed ; " the guardian of a minor 
 residuary legatee may be appointed administrator 
 during his minority. 10 
 
 1 Williams c. Wilkins, 2 Pliilliiu. 100, 101. 
 '- Ircdulc v. Ford, I Sw. & Tr. 306. 
 3 Warwick v. Greville, i Phillim. 123, 125. 
 * S. C. ; Iredale v. Ford, ubi sup. 
 
 5 Mercer v. Mot-land, 2 Lee, 499, 500. 
 
 6 Cordeux r. Traster, 4 Sw. & Tr. 48. 
 
 7 Also to other legatees and annuitants; as to residuary 
 legatees, see, among other cases, Atkinson v. Barnard, 2 Phillim. 
 316 ; as to universal legatee, In the Goods of Oliphant, i Sw. & 
 Tr. 525. 
 
 8 Dampier and Dampier r. Colson, 2 Phillim. 54. 
 
 9 See Wetdrill v. Wright, 2 Phillim. 243 ; so, also, if the 
 residuary legatee was executor ; see, among other cases, In the 
 Goods of Ditchfield, L R. 2 P. & D. 152. 
 
 10 Fawkener and Freemantle v. Jordan, 2 Lee, 327 ; In the Goods 
 of Poyer, Deane, 184. In these cases the residuary legatee was 
 eole next-of-kin, but the guardian, apparently, would have been
 
 WHO SHALL BE ADMINISTRATOR. 47 
 
 There is some doubt whether this right of adminis- 
 tration extends to a residuary legatee in trust; it 
 certainly does not if he was also appointed executor 
 and that appointment is revoked. 1 
 
 It seems clear that a residuary legatee is preferred 
 to testator's wife, 2 for a grant may be 'made to the 
 wife, limited until infant residuary legatees attain 
 twenty-one ; 3 probably this applies equally to a hus- 
 band. 4 
 
 When there is 110 residuary legatee, a creditor may 
 have the grant before the next-of-kiii if the latter 
 have no interest e.g., if the estate is insolvent. 5 
 Generally, a creditor may have a grant if there is no 
 one else, " according to law," to take it. 6 
 
 If testator directs that his personal estate may be 
 used in carrying on his business after his death, a 
 pei-son becoming a creditor of the business after the 
 death may have a grant. 7 Similarly, an undertaker, 
 or a person who has paid the funeral expenses, may 
 
 appointed even without that circumstance. See also per Cur. in 
 In the Goods of Gill, L. R, 3 P. & D. 113, 115. 
 
 1 In the Goods of Poyer, Deane, 184. 
 
 2 The authors of a well-known work seem to think this has 
 been expressly deciJed : see Tr. &Co. Prob. Prac. 70 ; but in the 
 case on which they rely (Cull v. Guillermey, 12 Jur. 966) there is 
 nothing to sbew that there was a wife. 
 
 " See In the Goods of Smith, 27 L. J., N. S., P. & M. 105. 
 4 See In the Goods of Bailey, 2 Sw. & Tr. 135. 
 
 3 Per Cur. in West and Smith v. Willby, I Phillim. 374, 381 
 Fairland v. Percy, L. K. 3 P. & D. 217 (equitable creditor). 
 
 6 Per Cur. in Dimes v. Corn well, 2 Kobert. 142. 
 
 7 Fairland v. Percy, ubi svp.
 
 4 THE WAY TO PROVE A WILL, ETC. 
 
 Lave a grant as a creditor ;* in all these cases justify- 
 ing sureties may be required. 1 
 
 If there be no residuary legatee, next-of-kin, nor 
 creditor, the grant may be made to a legatee," or to 
 " one of the principal legatees," if there are several. 4 
 
 The indirect ways, <fcc., in which a man may become 
 an executor 5 are inapplicable to an administrator. 
 In some instances this follows as a matter of course 
 from the latter being appointed by the Court and not 
 by the testator ; 6 in others it is shewn by direct 
 authority. 7 
 
 Apart from the ordinary departures from the usual 
 order which have been described, 8 the Court has 
 special statutory power to depart from it when there 
 is no will of personal estate, or no executor appointed 
 and willing and competent to take probate, or when 
 the executor, at the time of testator's death, resides 
 out of the United Kingdom, and " in any such case " 
 
 1 Per Cur. in S. C. 222 ; Newcombe v. Beloe, L. K. i P. & D. 
 
 3I4- 
 
 3 Fairland v. Percy, ubi sup. ; Newcombe v. Beloe, ubi sup. 
 For meaning of "justify," see p. 36. 
 
 a See per Cur. in In the Goods of Watson, i Sw. & Tr. 1 10, 
 in. 
 
 4 Hurrell v. Hurrell, I Lee, 168. 
 
 5 See p. 39, &c. 
 
 6 See p. 33. For this reason there can be no administrator 
 according to the tenor, by nomination, or by substitution. 
 
 7 As to succession or transmission, Tiugrey v. Brown, i Bos. & 
 Pul. 310; Bro. Abr. Administrators and Administration, 7; Com. 
 Dig. Administrator (B. 6) ; as to de son tort, Godolph. Urph. Leg. 
 pt. ii. c. 8, 2. 
 
 a See p. 46, &u
 
 ADMINISTRATOR UNDER 2O & 21 VICT. C. 77, S. 73. 49 
 
 the Court thinks it necessary or convenient, by reason 
 of insolvency of the deceased's estate, or " other special 
 circumstances," to appoint an administrator who is 
 not the person naturally entitled. 1 This does not 
 authorize the Court to grant administration to the 
 next-of-kin instead of the wife, for they have naturally 
 equal lights ; 2 nor to grant general administration 
 instead of administration limited till a minor (i.e., a 
 person under 21) comes of age, as that would be a 
 substitution not merely of one person, but of one 
 kind of administration, for another ; 3 nor to grant 
 administration to a person not next-of-kin together 
 with the widow, this being considered contrary to the 
 Act of Henry VIII. 4 
 
 It is impossible within our limits to enumerate the 
 numerous kinds of " special circumstances " in which 
 the Court will act under this section. It may be 
 stated, however, that it will only do so on evidence 
 that it is really desirable for the protection of the 
 property by reason of absence or unfitness of the 
 persons having a natural right to the grant. 5 When 
 
 1 20 & 21 Viet. c. 77, s. 73. The administration may be 
 limited (ibid.} ; as it does not seem to be necessarily limited, it 
 is treated separately here, and not placed under the head of 
 " Limited or Special Administration " at p. 52. 
 
 2 In the Goods of Corser, 31 L. J., N. S., P. M. & A. 170 ; and 
 see p. 43. 
 
 3 In the Goods of Smith, 27 L. J., N. S., P. & M. 105. 
 
 4 In the Goods of Browning, 31 L. J., N. S., P. M. & A. 161. 
 But a person not next-of-kin was appointed together with one 
 of the next-of-kin in In the Goods of Grundy, L. R. i P. & D. 
 
 459- 
 
 5 See cases collected Chit. Stat. (4th ed.), pp. 2, 895, c. ; and 
 
 D
 
 50 THE WAY TO PROVE A WILL, ETC. 
 
 the Court does act under it, " the same is to be made 
 plainly to appear" in the administrator's oath, letters 
 of administration, and administration bond 1 (Form of 
 oath, p. 104). 
 
 A person entitled to a grant of administration, like 
 an executor, may renounce 2 (Form, p. 70), and, if 
 he lies by and does nothing, may be called upon by 
 citation to accept or refuse, 8 but the Court has discre- 
 tion whom to appoint if he refuses, for the sections as 
 to " persons who would have been entitled " apply 
 only to renunciation by an executor. 4 The exercise 
 of this discretion is guided by circumstances. 5 
 
 A husband's signature merely for the purpose of his 
 wife's renunciation does not prevent him from having 
 a grant as a creditor. 6 
 
 The Court has entire discretion as to retraction of 
 an administrator's renunciation, for the sections which 
 throw doubt on that discretion in the case of an 
 executor do not apply. 7 
 
 more recent cases, In the Goods of Minshull, L. R. 14 P. I). 151 ; 
 In the Goods of Eccles, L. R. 15 P. D. I. 
 
 1 Ru. 1862, 31 ; 1863, 37. 
 
 '- See, among numerous cases, In the Goods of Fell, 2 Sw. & 
 Tr. 126. 3 In the Goods of Barker, I Curt. 592. 4 See p. 42. 
 
 5 See In the Goods of Blake, 35 L. J., N. S., P. & M. 91 (mere 
 desire of next-of-kin not followed) ; In the Goods of Keane, i Hags:. 
 692 (brother, only next-of-kin, renounced ; nephew, that brother's 
 son, appointed) ; In the Goods of Johnson, 2 Sw. & Tr. 595 
 (brothers, only ncxt-of-kin, renounced ; uncle appointed). See In 
 the Goods of Blagrave, 2 Hagg. 83 (grant made to a son of a 
 person entitled to a moiety) ; per Cur. in In the Goods of 
 Williams, L. R. 2 P. & D. 81, 82. 
 
 8 In the Goods of Biggs, L. R. i P. & D. 595 
 
 7 See p. 42, as to executor.
 
 LIMITED OR SPECIAL PROBATE. 51 
 
 The right of renouncing administration is not lost 
 (like that of renouncing probate) by intermeddling 
 with the estate. 1 
 
 Administration may be renounced by attorney, but, 
 apparently, not unless the power expressly author- 
 izes it. 2 
 
 Limited or Special Probate, 51 ; Limited or 
 Special Administration, 52. 
 
 It is not intended to deal with these subjects at 
 length, but they are mentioned for the purpose of 
 cautioning the lay reader, who, when he sees that he 
 is approaching anything which appears to be "special," 
 will do well to seek professional advice. 
 
 We do not find any complete definition of limited or 
 special probate ; the following remarks, however, will, 
 it is hoped, enable the reader to understand what the 
 expression means. 
 
 Probate of a married woman's will is not now 
 limited or special. 3 
 
 The following are instances of limited or special 
 probate : 
 
 Probate of a copy or draft where the will is lost 4 
 (Form of oath, p. 100). 
 
 1 In the Goods of Davis, 29 L. J., N. S., P. M. & A. 72 ; and 
 see In the Goods of Fell, 2 S\v. & Tr. 126, 127. As to renuncia- 
 tion of probate, see p. 42. 
 
 - In the Goods of Rosser, 3 Sw. & Tr. 490. As to probate in 
 such a case, see p. 43. 
 
 3 Amended Ru. 1887, repealing Ru. 1862, 15, and 1863, 18, 
 and substituting new Ru. 15 and 18. These references apply 
 equally to administration. 
 
 4 In the Goods of Butts, 2 Roinks, Eccl. & Adm. 58 ; In the
 
 52 THE WAY TO PROVE A WILL, ETC. 
 
 Probate of statements in an affidavit when neither 
 copy nor draft can be found. 1 
 
 Probate of codicil when will lost or revoked ; of 
 second codicil when will and first codicil lost 2 (or, it 
 may be presumed, revoked). 
 
 Probate limited to property not covered by a 
 previous grant (Form of oath, p. 65), to some spe- 
 cified property, or to property " save and except '' 
 some specified property (Form of oath, p. 101). 
 
 " Cessate " probate, on an executor returning from 
 abroad or coming of age, the property having pre- 
 viously been managed under letters of administra- 
 tion (Form of oath, p. 102). 
 
 Our opening remarks as to limited or special 
 probate, including that respecting a married woman, 8 
 apply, mutatis mutandis, to limited or special adminis- 
 tration. 
 
 Administration under 20 it 21 Viet. c. 77, s. 73, 
 has been mentioned earlier. 4 
 
 All persons applying for limited or special adminis- 
 tration should study the Rules of Court especially 
 
 Goods of Thrippleton, 35 L. T .. N. S., 909 ; In the Goods of Barber, 
 L. R. i P. & D. 267. 
 
 1 In the Gocds of Garduer, i Sw. & Tr. 109. 
 
 2 Gardiner v. Courthope, L. R. 12 P. D. 14 (will lost) ; In the 
 Goods of Turner, L. R. I P. & L). 403 (will revoked); Black v. 
 Jobling, L. R. I P. & D. 685 (will and codicil lost). Some of 
 these seem to be cases of administration with will, &c., annexed 
 but the principle is the same. They are all reported as cases of 
 probate. 
 
 See p. 51. 
 See p. 48.
 
 LIMITED OR SPECIAL ADMINISTRATION. 53 
 
 relating to this subject. 1 These relate to the form 
 of oath, the sureties and penalty of the bond, and 
 various other details. 
 
 The following are instances of limited or special 
 administration : 
 
 Administration de bonis non (of property not yet 
 administered), granted when the estate has already 
 been partly administered, e.g., when a sole adminis- 
 trator has died without completing the administration 
 (Form of oath, p. 68). 
 
 Administration durante absentia ; when an executor 
 or person entitled to administration resides out of 
 England, such a grant may be made to the attorney 
 of such executor or person, or to some other person J 
 (Form of oath, p. 103). 
 
 Administration durante minoritate or durante minore 
 cetate ; when the executor or person entitled to admin- 
 istration has not attained 21. The grant is generally 
 made to the guardian 3 (Form of oath, p. 105). 
 
 Administration pendente lite (limited during a suit 
 or action) ; granted when litigation as to probate or 
 administration or the like is going on. 4 An admin- 
 istrator pendente lite is like an ordinary administrator 
 
 1 Ru. 1862, 29, 30, 37, 39, 40; 1863, 35, 36, 43, 46, 47. 
 
 '- As to attorney, Ru. 1862, 32 ; 1863, 38 ; as to other person, 
 38 Geo. III. c. 87, s. I ; 20 & 21 Viet. c. 77, s. 74 ; 21 & 22 
 Viet. c. 95, s. 18. 
 
 3 As to Court's power to appoint guardian, Ru. 1862, 33-36; 
 1863, 39-42. See also 38 Geo. III. c. 87, ss. 6, 7. As to prefer- 
 ence of ti s'amentary guardian, see pp. 44, 45. 
 
 4 20 & 21 Viet. c. 77, s. 70, as extended by 21 & 22 Viet. c. 95,
 
 54 THE WAY TO PROVE A WILL, ETC. 
 
 in most things, but be cannot distribute tbe residue, 
 and he is subject to the control of the Court. 1 
 Administration pendente lite may be granted de bonis 
 non when an executor dies before completing the dis- 
 tribution and there is an action as to the validity of 
 his (the executor's) will 3 (Form of oath, p. 105). 
 
 Administration " save and except " particular pro- 
 perty, under a variety of circumstances. 8 
 
 Administration (apparently) with lost will, ie., 
 annexed. 4 
 
 " Cessate " administration ; similar, muttdis mutandis, 
 to cessate probate.' The bond may be limited to 
 double the value of the remaining) property.' 
 
 Rights before Probate or Administration. 
 
 An executor may, before probate, do anything that 
 he would have a right to do after probate, except 
 bring an action. 7 In the words of Lord Macclesfield, 
 " saving only as to the liberty of suing, the executor 
 is compleatly so, before probate." 8 But a person 
 entitled to a grant of administration cannot act until 
 
 1 20 & 21 Viet. c. 77, s. 70. 
 
 In the Goods of Fawcett, L. 1?. 14 P. D. 152. 
 
 * E.y., when that property is exempt from probate or adminis- 
 tration ; for instances of such property, see p. 16. 
 
 4 See p. 52, and note ibid. 
 
 5 As to cessate probate, see p. 52. 
 
 6 See Abbott v. Abbott, 2 Phillim. 578. 
 
 7 Per Cur. in Waiikf.inl r. Wankford, I Salk. [299], [301]. 
 
 8 Humphreys r. Ingledon, I P. W. [752]. It must be remem- 
 bered, however, that if he intermeddles he loses his natural right 
 to renounce probate ; see p. 42.
 
 REVOCATION OF GRANT. $5 
 
 the grant is made ; l the few exceptions to this rule are 
 of a highly technical character, and cannot be treated 
 here. It is prudent for an executor to do only what 
 is really necessary before probate, lest he lose his right 
 to renounce ; 2 but such a precaution is clearly of far 
 greater moment to a person entitled to a grant of 
 administration. It must be remembered, further, 
 that either one or the other may be subject to penalties 
 if he once intermeddles and does nothing afterwards. 8 
 
 Revocation of Grant, 55 ; Oaths and Affirmations, 
 before whom, 56 ; Absence for Seven Years, 57 ; 
 Foreign Domicile, ibid. ; Fees and Costs, 59. 
 
 The rights and duties after probate or administra- 
 tion are beyond the scope of this work, -which, as 
 regards the general treatment of our subject, ends 
 with the previous chapter. In the present chapter, 
 however, we touch upon one or two points of detail 
 which may be practically useful. 
 
 REVOCATION OF GRANT. A grant of probate or 
 administration may be revoked if improperly made, 4 
 or if the administrator absconds ; 5 but it remains in 
 force until revoked. 6 The right to revoke, like the 
 
 1 Per Cur. in "Wankford v. Wankford, ubi sup. 
 
 2 J3j "intermeddling; " see p. 42. 3 See p. 31. 
 
 4 In the Goods of Napier, i Phillim. 83. This was the case of 
 a young officer who was left for dead at Corunna, but who after- 
 wards lived to become the famous General Sir Charles James 
 Napier, G.C.B. 
 
 3 In the Goods of Covell, L. R. 15 P. D. 8. 
 
 6 In the Goods of Morris, 2 Sw. & Tr. 360 ; per Cur. in In the 
 Goods of Ivory. Hawkin v. Turner, L. K. 10 Ch. D. 372, 374, 375.
 
 56 THE WAY TO PROVE A WILL, ETC. 
 
 right to make, a grant appears to belong exclusively to 
 the Probate Division. 1 
 
 OATHS AND AFFIRMATIONS, BEFORE WHOM." 
 Persons before whom the oaths and affirmations 
 mentioned in this work may be made are generally: 
 
 In England. Officers, <fec., of any Court authorized 
 by a judge of the Court, or acting under the Rules, &c., 
 of the Court ; 8 Commissioners for Oaths, including those 
 authorized to administer oaths in the Supreme Court 
 before the commencement of the Act here referred to. 4 
 
 Out of England generally. Commissioners for Oaths 
 in the Supreme Court of Judicature in England ; 
 Commissioners for Oaths ; persons having authority to 
 administer oaths in the particular place. 5 
 
 In Foreign Parts out of her Majesty's Dominions. 
 British ambassadors, envoys, ministers, chargcs- 
 d'affaires, secretaries of embassy or legation, consuls- 
 general, consuls, vice-consuls, acting consuls, pro- 
 consuls, or consular agents, in the foreign countries or 
 places in which they are exercising their functions." 
 Any person having authority to administer an oath in 
 
 1 Per Cur. in Priestmau v. Thomas, L. R. 9 P. D. 70, 76 ; 
 apparently approved in S. C. on app., ibid. 210 ; and see 20 & 21 
 Viet. c. 77, s. 4. As to right to make a grant, see pp. 17, 33. 
 
 - For particular cases of probate and administration under 
 44 Viet. c. 1 2, ss. 33-36, and administration under 36 & 37 Viet, 
 c. 52, and 38 & 39 Viet. c. 27, see pp. 30, 38. 
 
 3 52 Viet. c. 10, s. 2 ; see also 36 & 37 Viet. c. 66, *s. 77, 
 82, 84. 
 
 4 52 Viet. c. 10, KB. I (2), 13 ; commencement of Act, Jan. i, 
 1890. 
 
 8 S. A. ss. i (2), 3 (i), 13. 
 
 S. A. 8.6(1).
 
 FOREIGN DOMICILE, ETC. 57 
 
 the particular place. 1 An oath made before a foreign 
 authority need not be in English form. 2 
 
 A Commissioner for Oaths cannot act as such in any 
 proceeding in which he is solicitor (or clerk to the 
 solicitor) to any of the parties, or in which he is 
 interested. 3 
 
 Observe that there are rules expressly dealing with 
 the subject of affidavits ; these rules should of course 
 be attended to. 4 
 
 ABSENCE FOR SEVEN YEARS. A person is, gene- 
 rally, assumed to be dead if he has been absent for 
 seven years and has not been heard of ; but it is not 
 always easy to judge whether the rule applies, and it 
 is best, in case of such absence, to seek professional 
 advice. 
 
 FOREIGN DOMICILE, &c. In case of foreign domicile J 
 at time of death, probate or administration with the 
 will annexed is granted if there is a valid will under 
 the law of the country of domicile. 6 Similarly, ordi- 
 nary administration is granted to the person who would 
 have a similar right by the law of that country. 7 The 
 
 1 S. A. s. 3 (i). 
 
 2 In the Goods of Lambert, L. R. I P. & D. 138; S.C. 35 
 L. J., N. S., P. & M. 64. 
 
 3 S. A. s. i (3\ 
 
 4 See Ku. 1862, 51-58 ; 1863, 64-71 ; but, for original Eu. 
 1862, 52, 53, and 1863. 65, 66, new rules (with same numbers) arc 
 substituted by Order of March 21, 1882. 
 
 3 A person's "domicile'' may be defined, practically, as'his 
 permanent residence. 
 
 6 As to probate, pir Cur., In the Goods of Deshais, 4 Sw. & 
 TV. 13; as to administration, In the Goods of Dormoy, 3Hagg. 767. 
 
 7 In the Goods of Bianchi, I Sw. & Tr. 511.
 
 58 THE WAY TO PROVE A WILL, ETC. 
 
 best proof of foreign law is a certificate from the foreign 
 Minister in England. 1 
 
 The law as to persons domiciled in a colony is, in 
 the main, the same, except, of course, as to the way of 
 proving the local law. 2 
 
 Grants made in Scotland or Ireland to persons there 
 domiciled may be " sailed " in England ; they are then 
 operative in England. 3 Similarly, mutatis mutandis, 
 English grants may be made available in Ireland. 4 
 
 Grants made in England or Ireland may l>e made 
 available in Scotland by a note or memorandum writ- 
 ten on them, and signed by the " proper officer of the 
 Probate Division," stating that the deceased died domi- 
 ciled in England (or Ireland, as the case may be). 5 
 The oath as to value, in such cases, includes the whole 
 personal estate in the United Kingdom 6 (Form, p. 66). 
 
 Apart from general questions of domicile, there are 
 special provisions as to domicile of British subjects ; 
 these may re thus summarized :' 
 
 A will of personal property may be made out of the 
 
 1 In the Goods of Dormoy, 3 Hagg. 767. 
 
 2 See In the Goods of Probart, 36 L. J., N. S., P. & M. 71. In 
 this case there was an affidavit by an attorney of the Supreme 
 Court of tlie colony. 
 
 3 As to Scotland, 21 & 22 Viet. c. 56, s. 12 ; as to Ireland, 
 20 & 21 Viet. c. 79, s. 95 ; 21 & 22 Viet. c. 95, s. 29 ; and see 
 Ru. 1862, 73 ; 22 & 23 Viet. c. 31, s. 25. 
 
 4 20 & 21 Viet. c. 79, s. 94. 
 
 5 21 & 22 Viet. c. 56, s. 14. 
 
 6 S. A. 6. is; and see Ru. 1862, 74 ; 1863, 86, 87. 
 
 7 The passage which follows is taken principally rom the 
 author's work, " Will-making made Safe and Easy " (John Hogg, 
 13 Paternoster Row), pp. 32, 33.
 
 FEES AND COSTS. 59 
 
 United Kinydom by a British subject, whatever be his 
 domicile at the time of making it or at his death, ac- 
 cording to the law of the place where it is made, or 
 the law of the place where he is domiciled when it is 
 made, or " the laws then in force in that part of her 
 Majesty's dominions where he had his domicile of 
 origin ; " 1 and it may be made in the United Kingdom 
 according to the law of that part of the United King- 
 dom in which it is made ;- in all these cases it may be 
 proved in England or Ireland, or confirmed in Scot- 
 land. 3 These sections do not apply to a person ori- 
 ginally a British subject who has ceased to be one 
 when the will is made. 4 A change of domicile cannot 
 now invalidate a will already made. 5 
 
 FEES AND COSTS. Generally, there are two sets of 
 payments to be made viz., if a solicitor is employed, 
 the ordinary Registry fees, and the solicitor's costs j if 
 a solicitor is not employed, the ordinary Registry 
 fees, and the additional Registry fees on " personal ap- 
 plications." Scales of all fees and costs may be pur- 
 chased at the Queen's printers' 6 for a small sum, but 
 for the convenience of the general public the scale of 
 fees on personal applications is given later. 7 
 
 1 24 & 25 Viet. c. 114, s. I. 
 - S. A. s. 2. 
 
 3 S. A. ss. 1,2. "Confirmation" in Scotland corresponds with 
 probate in England or Ireland. 
 
 4 Bloxam v. Favre, L. E. 9 P. D. 130. 
 S. A. s. 3. 
 
 6 Eyre & Spottiswoode, East Harding Street, E.G. 
 
 7 See Appendix C., p. 90.
 
 FORMS. 
 
 Preliminary Remarks, 60 ; Forms, Principal Registry, 
 63 ; Adaptation to District Registries, 74 ; Remarks 
 on Forms "A" and " B" (all Registries) 75. 
 
 PRELIMINARY REMARKS. Only a few forms can be 
 given here ; l those who wish for a more comprehensive 
 set should obtain some larger work.' Most of the forms 
 in frequent use can be purchased (printed with blanks 
 for filling up) at law stationers' offices. 
 
 In preparing forms for actual use the following 
 points should be borne in mind : s - 
 
 The reader must adapt them to the number and sex 
 of the applicants. 
 
 If the will shows an executor to be testator's father, 
 grandfather, son, grandson, brother, uncle, great uncle, 
 nephew, or great nephew, he must be so described. 4 
 
 1 But some " Additional Forms," of a less common character, 
 are given in Appendix D, p. 100 
 
 - Tbe author has ascertained from un official source that 
 Tristram and Coote's " Probate Practice " is considered to contain 
 the most comprehensive set of forms at present in print. 
 
 3 See, as to most of these details, the " Directions " printed in 
 Coote's Prob. Prac. (also in Tr. & Co. Prob. Prac.), Appendix III. 
 The origin of these directions is not stated, but it is probable 
 that they were compiled many years ago by the late Mr. Coote, 
 as the result of official experience in the principal registry. 
 
 4 The game rule applies, mutatis mutandis, to an executrix.
 
 FORMS. 6 1 
 
 A single executor or executrix is called " the sole 
 executor " (or " executrix ") ; several of the former 
 (or of both sexes) " the executors ; " several of the lat- 
 ter " the executrixes." 
 
 An administrator or administratrix, if husband, 
 wife, or relation, is described thus : 
 
 Husband, as the lawful husband. 
 
 Wife, as the lawful widow and relict. 
 
 Father, as the natural and lawful father and next- of-kin. 
 
 Mother, as the natural and lawful mother and only 
 
 next-of-kin. 
 Child, as the natural and lawful and only child and 
 
 only next-of-kin, or one of the natural and lawful 
 
 children and next-of-kin. 
 Brother, or sister, as the natural and lawful brother, or 
 
 sister ; if no parents living, add and one of the next- 
 of-kin, or the only next-of-kin. 
 Nephew, or niece, if no brother or sister living, the 
 
 lawful nephew, or niece, and one of the, &c., as last 
 
 above. 
 Same, if a brother or sister living, 1 one of the persons 
 
 entitled in distribution to the personal estate and 
 
 effects of the deceased. 
 Any other relative, as lawful grandfather (en' as the case 
 
 may be) and one of the, dec. (as in the case of brothw 
 
 or sister). 
 
 The following modes of description are usual and 
 convenient 2 in all documents : 
 
 1 In such cases the oath should shew when the parent of the 
 nephew, &c., died. 
 
 2 These are taken almost verbatim from the author's work
 
 62 THE WAY TO PROVE A WILL, ETC. 
 
 In the Country. Thomas John Smith, of Wood- 
 lands, in the parish of Beaconsfield, in the county of 
 Buckingham, a Captain in her Majesty's Army. 
 
 In the City of London. Timothy Adolphus Jones, 
 of 101 Ludgate Hill, in the parish of St. Martin, 
 Ludgate, in the City of London, Baker. 
 
 Elsetvhere in London. Henry William Brown, of 
 i oo i Harley Street, in the parish of St. Marylebone, 
 in the county of Middlesex, Doctor of Medicine. 
 
 It is a good general rule to describe a person (after 
 mentioning his residence) by his title, profession, trade, 
 or business. A person of position and means who 
 follows no profession but has no title is usually de- 
 sci'ibed as " Esquire ;" a clergyman, as " Clerk in Holy 
 Orders;" a solicitor, as "Gentleman." An unmarried 
 woman is usually described as " spinster " or " widow," 
 as the case may be ; a married woman, by the words 
 " wife of," followed by the name and description of her 
 husband. 
 
 It is best to describe a place by parish, city, or town 
 (if in a city or town), and county, and to add such 
 particulars as you can obtain as to situation, boun- 
 daries, and present and past ownership. If you have 
 to mention a city or town which is itself a county, 1 
 call it "the county of the city (or town) of ... ." 
 The author once had to argue a case in which much 
 trouble and expense were caused by neglect of this 
 precaution. 
 
 " Will-making made Safe and Easy " (John Hogg, 13 Paternoster 
 Row), p. 48. 
 1 There are several such cities and towns ; see list at p. 24, note.
 
 FORMS. 63 
 
 FORMS, PRINCIPAL REGISTRY.* 
 
 Title of oath or other instrument? 
 
 In the High Court of Justice. 
 
 Probate, Divorce, and Admiralty Division. 
 
 (Probate.) The Principal Registry. 
 
 In the Goods of A. B., deceased. 
 
 Commencement of oath or solemn affirmation. 
 I, C. D., of , make oath and say 
 
 (or do solemnly and sincerely affirm) that 
 
 Jurat, or form in lieu of jurat. 3 
 Sworn 4 (or Affirmed 4 ) at (name of place) this (date) 
 before me (name of person before whom the oath or 
 affirmation is made), 
 
 a Commissioner to administer Oaths in the Supreme 
 Court of Judicature (or as the case may be). 
 
 Executors Oath, Ordinary. 5 
 
 (Title and commencement as above ; then) I believe 
 the paper writing hereto annexed and marked by me 
 to contain the true and original last will and testament 
 of the said A. B., late of , deceased ; that I 
 
 1 For adaptation of forms to district registries, see p. 74. 
 
 2 Except bonds, which have no title. 
 
 :! A "jurat" is the conclusion of an oath ; the "form in lieu," 
 &c., is to be used when ihere is a solemn affirmation instead of 
 an oath ; as to circumstances under which this may be, see p. 25. 
 
 4 If several persons swear or affirm, add by the said C. D. and 
 E. F., or the like, as the case may require. 
 
 5 This may be adapted to the case of executor by the tenor, 
 one of several executors, &c.
 
 64 THE WAY TO PROVE A WILL, ETC 
 
 am the solo executor therein named, and that I will 
 well and faithfully administer the personal estate of 
 the said testator by paying his just debts and the 
 legacies contained in his will so far as the same shall 
 thereto extend and the law bind me, and that I will 
 exhibit a true and perfect inventory of all and singular 
 the said estate and effects, and render a just and true 
 account thereof, whenever required by law so to do ; 
 that the testator died at , on the 
 
 day of , 1 8 , and that the whole of the 
 
 personal estate of the said testator amounts in value to 
 the sum of and no more, to the best of 
 
 my knowledge, information, and belief. 
 (Jurat as at p. 63.) 
 
 Executors Oath, Double Probate. 1 
 
 (Title and commencement as at p. 63, then as in " Ex- 
 ecutor's Oath, Ordinary," p. 63, down to of the said 
 A. B.; then) deceased,and that I am one of the executors 
 named in the said will ; that in the month of , 
 
 1 8 , probate of the said will was granted by this Divi- 
 sion, at the principal registry thereof, 2 to E. F., one 
 of the executors named in the said will, power being 
 reserved of making the like grant to me, the said C. D., 
 the other executor therein named ; that I am the 
 other executor named in the said will, and that (I will 
 well and faithfully, <kc., as in " Executor's Oath, Ordi- 
 
 1 For meaning of "double probate," see p. 31. 
 
 2 The registry to which application is now made must be that 
 in which the original grant was made ; see p. 18.
 
 FORMS. 65 
 
 nary," p. 63, omitting that the testator . . . . 18 ; 
 jurat as at p. 63). 
 
 Executors Oath : Property " not covered" 
 
 (Title and commencement as at p. 63 ; then) the said 
 A. B., late of , deceased, died on the 
 
 day of , 1 8 , having made and duly executed 
 
 his last will and testament bearing date the day 
 of , 1 8 , and therein named his son, me, this 
 
 deponent, sole executor : 
 
 And I further make oath, that the said deceased 
 was at the time of his death possessed of personal 
 estate and effects within the province of Canterbury, 
 and that in the month of , 1 8 , I duly proved 
 
 the said will in the Prerogative Court of Canterbury, 1 
 as by the records of the said Court now remaining in 
 the principal registry of this Division appears : 
 
 And I further make oath, that the said deceased 
 was, at the time of his death, possessed of personal 
 estate in England not within the jurisdiction of the 
 said Prerogative Court of Canterbury : 
 
 And I further make oath and say, that probate of 
 the said will, limited to all and singular the personal 
 estate and effects of the said deceased in England not 
 covered by the aforesaid probate, is now required to 
 be granted to me : 
 
 And I further make oath and say, that I believe 
 the paper writing hereto annexed and marked by me 
 to contain the true and original last will and testament 
 
 1 The original application is supposed to have been made, and 
 probate granted, before the transfer of jurisdiction. 
 
 E
 
 66 THE WAY TO PROVE A WILL. ETC. 
 
 of the said deceased, that I am the sole executor 
 therein named, and that (I will well and faithfully, 
 cc., as in "Executor's Oath, Ordinary," p. 63; omit- 
 ting that the testator . . . . 18 ; and adding limited 
 as aforesaid after testator ami after inventory of the 
 said estate ; jurat as at p. 63). 
 
 Executors Oath; Probate under 21 & 22 Viet. c. 56 l ; 
 Property in England and Scotland. 
 
 (Title and commencement as at p. 63 ; then same as 
 " Executor's Oath, Ordinary," to personal estate of the 
 said testator 1 ' ; then) in England amounts in value to 
 tire sum of j and no more, to the best of my 
 
 knowledge, information, and belief. And I further 
 make oath and say, that the said testator was domiciled 
 in England at the time of his death, and that he was 
 not, at the time of his death, possessed of or entitled 
 to any personal estate in Ireland, and that the whole 
 of the personal estate of the said testator in Scotland 
 amounts in value to the sum of j and no more, 
 
 to the best of my knowledge, information, and belief, 
 and that the whole of the personal estate of the said 
 testator in the United Kingdom amounts in value to 
 the sum of and no more, to the best of my 
 
 knowledge, information, and belief. 
 
 (Jurat as at p. 63.) 
 
 1 For description of this enactment, see p. 58. This Form may 
 easily be adapted to meet the case of property in England, Scot- 
 land, and Ireland ; but as to such a case see En. 1862, 74 ; 1863, 86. 
 
 I.e. , the second time that those words occur.
 
 FORMS. 67 
 
 Administrator's Oath : Wife. 1 
 
 (Title and commencement as at p. 63 ; theii) the said 
 A. B., late of , deceased, died 2 intestate, and 
 
 that I am the lawful widow and relict of the said 
 deceased ; that I will faithfully administer the per- 
 sonal estate of the said deceased, by paying his just 
 debts, and distributing the residue of his said estate 
 according to law ; that I will exhibit a true and per- 
 fect inventory of the said estate, and render a just and 
 true account thereof, whenever required by law so to 
 do; that the said deceased died at on the 
 
 day of , 1 8 ; and that the whole of the 
 
 personal estate of the said deceased amounts in value 
 to the sum of and no more, to the best of my 
 
 knowledge, information, and belief. 
 
 (Jurat as at p. 63.) 
 
 Administrator's Oath: Next- of -kin. 
 
 (Title and commencement as at p. 63 ; then] A. B., 
 late of , deceased, died (a bachelor or a widower, 
 
 if so) without 3 and intestate, and that I am 
 
 1 This can be adapted to a husband by substituting lawful 
 husband for " lawful widow and relict," and by writing her for 
 "liis " where necessary. 
 
 2 There are no "clearing off" words here (for the meaning of 
 this expression see p. 34), as no one can have a prior right to a 
 wife : see p. 43. This applies also to a husband : see p. 45. 
 
 3 Here follows what is called the "clearing off," i.e., shewing 
 that no person having a prior claim is living, and willing to apply 
 for a grant : see p. 34. For instance, if the administrator is a
 
 68 THE WAY TO PROVE A WILL, ETC. 
 
 the 1 of the said deceased ; (that I will faithfully, 
 
 &c., as in "Administrator's Oath : Wife" p. 67 ; jurat as 
 at p. 63). 
 
 Administrator's Oath : Will annexed.* 
 
 (Title and commencement as at p. 63 ; then as in " Ex- 
 ecutor's Oath, Ordinary ," p. 63, down to late of , 
 deceased ; then) that the said deceased did not in his 
 said will name any executor ; that I am the lawful 
 widow and relict of the said deceased and the residuary 
 legatee named in his said will ; that I will well and 
 faithfully administer the personal estate of the said 
 deceased, by paying his just debts and the legacies 
 contained in his will, and distributing the residue of 
 his estate according to law ; that (I will exhibit, etc., 
 as in " Executor's Oath, Ordinary," p. 63 ; jurat as at 
 
 P> 63)- 
 
 Administrators Oath : Administration de bonis noil. 
 
 (Title and commencement as at p. 63 ; then as in 
 "Administrator's Oath: Wife" p. 67, down to died 
 intestate ; then) that in the month of , 18 , 
 
 letters of administration of his personal estate and 
 effects were, by authority of this Division (or as the 
 
 cousin german, the words will be u- it In ml child (unless deceased 
 was a bachelor or spinster), parent, brother or sister, uncle or aunt, 
 nephew or niece. 
 
 1 How to fill this in, see p. 61. 
 
 2 See pp. 13, 32, as to circumstances under which there may be 
 administration with the will annexed ; those circumstances should 
 be stated, whatever they may be (e.g , renunciation of executors, 
 &c.)
 
 FORMS. 69 
 
 ca-se may be], granted to E. F., his lawful widow and 
 relict, who for some time intermeddled therein, and 
 died on the day of , 18 , leaving part 
 
 thereof unadministered, and that I am the natural 
 and lawful and only child and only next-of-kin of the 
 said A. B , deceased ; that (I will faithfully, d-c., as in 
 " Administrator's Oath : Wife," p. 67, inserting left un- 
 administered as aforesaid after estate of the said de- 
 ceased and inventory of the said estate; jurat as 
 at p. 63). 
 
 Consent to Grant. 1 
 
 (Title as at p. 63 ; then) Whereas A. B. (then as in 
 "Administrator's Oath : Next-of-kin" p. 67, from late 
 of to intestate ; then) leaving C. D. and me, the under- 
 signed E. F., his natural and lawful and only 
 next-of-kin. Now I, the said E. F., do hereby declare, 
 that I do expressly consent that letters of adminis- 
 tration of the personal estate and effects of the said 
 deceased may be granted to the said C. D., one of the 
 natural and lawful and next-of-kin of the said 
 deceased as aforesaid. [And I do, <f-c. 2 ] 
 
 In witness whereof I have hereunto set my hand and 
 seal this day of , 18 . 
 
 (Signature, &c., as in " Renunciation" next page.) 
 
 1 When several persons have equal rights, and it is desired 
 that only one should administer. 
 
 - If necessary, insert appointment of solicitor to file the docu- 
 ment thus: I do hereby appoint O. H., of , my solicitor 
 to file or cause to be filed this for me in the Probate, 
 Divorce, and Admiralty Division of Her Majesty's High Court 
 of Justice.
 
 70 THE WAY TO PROVE A WILL, ETC. 
 
 Renunciation of Probate* 
 
 (Tide as dtp. 63 ; then) Whereas A. B., late of , 
 
 deceased, died on the day of , 1 8 , at , 
 
 having made and duly executed his last will and tes- 
 tament, bearing date the day of , 18 , and 
 thereof appointed me, the undersigned C. D., sole ex- 
 ecutor : 
 
 Now I, the said C. D., do hereby declare that I 
 have not intermeddled 2 in the personal estate and 
 effects of the said deceased, and will not hereafter 
 intermeddle therein with intent to defraud creditors, 
 and I do hereby expressly renounce all my right and 
 title to the probate and execution of the said will. 
 In witness, <bc. (as in " Consent," p. 69). 
 Signed by the said C. D., 
 this day of 
 1 8 , in the presence 
 of 
 
 (Stoned) C. D. 
 
 Renunciation of A dministration. 
 
 (Title as at p. 63 ; then) Whereas A. B., late of , 
 
 in the county of , deceased, died on the day 
 
 of , 1 8 , at , intestate, a widower; and 
 
 whereas I, C. D., am his natural and lawful and only 
 child : 
 
 Now I, the said C. D., do hereby expressly renounce 
 
 1 To this and the subsequent P. R. forms can be added, if re- 
 quired, an appointment of a solicitor to file the document, like that 
 in " Consent," p. 69. 
 
 2 It will be remembered that an executor cannot renounce if 
 ne has intermeddled ; see p. 42. It is otherwise as to a porsnn 
 .entitled to administration ; see p. 51.
 
 FORMS. 7 1 
 
 all my right and title to the letters of administration 
 of the personal estate and effects of the said deceased. 
 
 In witness, d-c. (as above). 
 
 (/Signature, &c., as above.) 
 
 denunciation of Administration : Will annexed. 
 
 (Tide as at p. 63 ; then) Whereas A. B., late of , 
 
 deceased, died on the day of , 18 , at 
 
 , having made and duly executed his last will 
 and testament, bearing date the day of , 
 
 1 8 , and did not thereof appoint any executor, but 
 therein appointed me, the undersigned C. D., residuary 
 legatee : 
 
 Now I, the said C. D., do hereby expressly renounce 
 all my right and title to the letters of administration, 
 with the said will annexed, of all and singular the 
 personal estate and effects of the said deceased. 
 
 In witness, d-c. (as above). 
 
 (Signature, cCu, as above.} 
 
 Administration Bond, Ordinary. 
 
 Know all men by these presents, that we, A. B., of 
 , C. D., of , and E. R, of , 
 
 are jointly and severally bound unto the Eight 
 Honourable Sir James Hannen, Knight, the 
 President of the Probate, Divorce, and Admiralty 
 Division of Her Majesty's High Court of Justice, 
 in the sum of pounds of good and lawful 
 
 money of Great Britain, to be paid to the said 
 Right Honourable Sir James Hannen, Knight, or 
 to the President of the said Division for the time 
 being, for which payment well and truly to be
 
 72 THE WAY TO PROVE A WILL, ETC. 
 
 made we bind ourselves and every of us for 
 the whole, our heirs, executors, and administra- 
 tors, firmly by these presents. Sealed with our 
 seals. Dated the day of in the 
 
 year of our Lord one thousand eight hundred 
 and 
 
 The condition of this obligation is such, that if the 
 above-named A. B., the (a* the case may be) of I. J., 
 late of , deceased, who died on the day 
 
 of , and the intended administrator of all and 
 
 singular the personal estate and effects of the said 
 deceased, do, when lawfully called on in that behalf, 
 make or cause to be made a true and perfect inventory 
 of all and singular the personal estate and effects of 
 the said deceased, which have or shall come to his 
 hands, possession, or knowledge, or into the hands or 
 possession of any other person for him, and the same 
 so made do exhibit or cause to be exhibited into the 
 principal registry of the Probate Division of Her 
 Majesty's High Court of Justice, whenever required 
 by law so to do, and the same personal estate and 
 effects, and all other the personal estate and effects of 
 the said deceased at the time of his death, which at 
 any time after shall come to the hands or possession 
 of the said , or into the hands or possession 
 
 of any other person or persons for him, do well and 
 truly administer according to law ; (that is to say,) do 
 pay the debts which did owe at his decease, 
 
 and further do make or cause to be made a just and 
 true account of his said administration whenever re- 
 quired by law so to do ; and all the rest and residue 
 of the said personal estate and effects do deliver and
 
 FORMS. 73 
 
 pay unto such person or persons as shall be entitled 
 thereto, under the Act of Parliament intituled " An 
 Act for the better settling of Intestates' Estates;" 
 and if it shall hereafter appear that any last will and 
 testament was made by the said deceased, and the 
 executor or executors, or other persons therein named, 
 do exhibit the same into the Probate Division of the 
 said Court, making request to have it allowed and 
 approved accordingly, if the said , being 
 
 thereunto required, do render and deliver the said 
 letters of administration (approbation of such testa- 
 ment being first had and made) in the said Division, 
 then this obligation to be void and of none effect, or 
 else to remain in full force and virtue. 
 Signed, sealed, and de-} 
 
 livered by the within- 1 (Signatures 
 named in the f and seals.) 
 
 presence of ) 
 
 Administration Bond : Will annexed. 
 
 (Same as " Administration Bond, Ordinary " p. 71, 
 down to intended administrator ; then) with the will 
 annexed of all and singular the personal estate and 
 effects of the said deceased do, when lawfully called 
 on in that behalf, make or cause to be made a true 
 and perfect inventory of all and singular the per- 
 sonal estate and effects of the said deceased which have 
 or shall come to his hands, possession, or knowledge, 
 and the same so made do exhibit or cause to be ex- 
 hibited into the principal registry of the Probate 
 Division of Her Majesty's High Court of Justice, 
 whenever required by law so to do, and the same per-
 
 74 THE WAY TO PROVE A WILL, ETC. 
 
 sonal estate and effects do well and truly administer ; 
 (that is to say,) do pay the debts of the said deceased 
 which he did owe at his decease, and then the legacies 
 contained in the said will annexed to the said letters 
 of administration so to him committed, as far as his 
 personal estate and effects will thereto extend and the 
 law charge him, and further do make or cause to be 
 made a just and true account of his said administra- 
 tion when he shall be thereunto lawfully required, 
 and all the rest and residue of the said personal 
 estate and effects shall deliver and pay unto such 
 person or persons as shall be by law entitled thereto, 
 then this obligation to be void and of none effect, or 
 else to remain in full force and virtue. 
 
 Signed, sealed, and de-\ 
 livered by the within- f 
 named in the i 
 presence of J 
 
 (Signatures 
 and seal*.) 
 
 Administration Bond: Administration de bonis non. 
 
 (Same as "Administration Bond, Ordinary" p. 71, 
 inserting left unadministered by L. M., also since de- 
 ceased, whilst living the (a* (he case may be) of the 
 said deceased before do, when lawfully , and left unad- 
 ministered before which have or shall, before and all 
 other, and before do deliver.) 
 
 ADAPTATION OF FORMS TO DISTRICT REGISTRIES. 
 
 The principal registry forms may generally be 
 adapted to the practice of the district registries by 
 attending to the following
 
 FORMS. 75 
 
 Directions : 
 
 In the title, substitute The District Registry at 
 for " The Principal Registry." 
 
 In the oath on & first application, insert, just before 
 the statement of. value, the words that the said testator 
 (or deceased] had at the time of his death a fixed place 
 of abode at , ivithin the district of . l 
 
 In the oath on second or later application, be careful 
 to state that the first application was made in the 
 scum district registry. 2 
 
 The following example will show how these direc- 
 tions may be applied in the ordinary case of an 
 executor's oath : 
 
 Executor's Oath, Ordinary (in district registry). 
 
 (Title as at p. 63, except that The District Registry 
 at must be put instead of The Principal 
 
 Registry ; then as in " Executor's Oath, Ordinary," 
 p. 63, down to the day of , 18 ; then] 
 
 that the said testator had at the time of his death 
 a fixed place of abode at , within the dis- 
 
 trict of ; (same as " Executor's Oath, Ordinary" 
 
 from and that the whole, &c. ; jurat as at p. 63). 
 
 REMARKS ON FORMS " A " AND " B " (ALL REGISTRIES). 
 
 Forms " A " and " B," which are forms of affidavits 
 for the Commissioners of Inland Revenue, 3 are very 
 
 1 As to the necessity for these words, see p. 18. 
 - It lias been seen that a " second or subsequent" application 
 must be made in the same registry as the first ; see p. 18. 
 3 Ap to the nature of these affidavits, see p. 25, &c.
 
 76 THE WAY TO PROVE A WILL, ETC. 
 
 carefully framed, with blanks for filling up, and mar- 
 ginal directions for adapting them to either kind of 
 registry and to a great variety of circumstances. It 
 is unnecessary to give copies of them here, as the 
 Commissioners of Inland Revenue are commanded by 
 Act of Parliament to provide them. 1 Form " A " is 
 to be used (i) if the estate exceeds the value of ^300, 
 or (2) if, notwithstanding its not exceeding that value, 
 there is no intention of proceeding under 44 Viet, 
 c. 12, ss. 33-36 ; 2 form " B," (i) if the estate does not 
 exceed the value of 100, or (2) if it exceeds that 
 value, and it is intended to proceed under the sec- 
 tions just mentioned. 3 
 
 1 See p. 27. 
 - See p. 30. 
 
 3 These values are to be calculated without deducting debts or 
 funeral expenses.
 
 APPENDIX A. 
 
 Principal Kinds of Personal Property. 1 
 
 TIIE principal kinds of personal property are : 2 
 
 Money (whether in hand or at bank). 
 
 Furniture. 
 
 Clothes. 
 
 Personal and other ornaments. 
 
 Jewels. 
 
 Works of art. 
 
 Carriages. 
 
 Surgical and other instruments. 
 
 Locomotives. 
 
 Minerals, when taken out of the mines. 
 
 Timber, when severed from the soil. 
 
 Building materials, when not attached to the soil as 
 
 buildings. 
 
 Horses, cattle, and domestic animals generally. 
 British ships. 
 
 1 Personal property has been defined earlier (see def. p. xi.), but 
 it may help the reader to have a list of the principal kinds before 
 him. This list is taken almost verbatim from the author's earlier 
 work, " Will-making made Safe and Easy" (John Hogg, 13, Pater- 
 noster Bow, 1888), p. 97, &c. 
 
 2 The kind last mentioned in this list is, strictly speaking, real 
 property, but it vests in executors and administrators, like personal 
 property, under 7 Will. IV. & i Viet. c. 26, s. 6,
 
 78 THE WAY TO PROVE A WILL, ETC. 
 
 Stocks and shares generally, including " New " shares 
 
 in the New River Company. 1 
 Leases for fixed periods (e.g., for twenty-one years or 
 
 1000 years), 2 and under-leases. 
 Rents for fixed periods. 
 Annuities for fixed periods. 
 Annuities given merely by deed, and not charged on 
 
 any property. 
 
 Annuities charged on personal property. 
 Next presentations, when separated from the advow- 
 
 sons. 3 
 Deeds and documents, fixtures (unless attached to the 
 
 soil), heirlooms, vegetables, wild animals, debts 
 
 (whether secured by mortgage or not), policies of 
 
 insurance, and bonds. 
 Copyright of a book. 4 
 Goodwill of a business. 
 Land, &c.,held for the life or lives of another or others, 
 
 unless held to a man " and his heirs." 5 
 
 1 Original shares in the New Kiver Company are real property. 
 
 2 As distinguished from lands, &c., held for the life or lives of 
 another or others (as to which, sec below). 
 
 3 13ut an advowson, or perpetual right of presentation, is real 
 property. 
 
 4 S & 6 Viet. c. 45, s. 25. 
 
 5 But see note as to this, p. 77.
 
 APPENDIX B. 
 
 Divisions of Counties 
 
 (From 2 & 3 Will. IV. c. 64, ss. 7, 10, 14, 18, 20, 22). 
 
 Essex, Northern Division. 1 Hundreds of 
 Clavering, Tendring, 
 
 Duamow, Thurstable, 
 
 Freshwell, Uttlesford, 
 
 Hinckford, Winstree, and 
 
 Lexden, Witham. 
 
 Kent, Eastern Division? Lathes of 
 
 St. Augustine and Shepway, including the Liberty of 
 llomney Marsh, and the Upper Division of the Lathe of 
 Scray. 
 
 Northamptonshire, Northern Division. 
 
 Liberty of Peterborough, and the several Hundreds of 
 Willybrook, Higham Ferrers, 
 
 Polebrook, Rothwell, 
 
 Huxloe, Hamfordshoe, 
 
 Navisford, and 
 
 Corby, Orlingbury. 
 
 The southern division is not included in sched. A. ; it therefore 
 conies within the exclusive jurisdiction of the principal registry 
 see p. 18. 
 
 The western division is not included iu sched. A. ; it therefore 
 comes within the exclusive jurisdiction of the principal registry; ibid.
 
 "8o THE WAY TO PROVE A WILL, ETC. 
 
 NortJtamptonshire, Soutliern Division. 
 Kings Sutton, Fawsley, 
 
 Chipping Warden, Wymersley, 
 
 Greens Norton, Spelhoe, 
 
 Cleley, Nobottle Grove, and 
 
 Towcester, Guilsborough. 
 
 Somersetshire, Eastern Division. Hundreds or 
 
 Liberties of 
 
 Bath Forum, Horethorne, 
 
 Bempstone, Keynsham, 
 
 Brent and Wrington, Kilmersdon, 
 
 Bruton, Mells and Leigh, 
 
 Gatsash, Portbury, 
 
 Chew and Chewton, Wellow, 
 
 Norton Ferris, Wells Forum, 
 
 Frome, Whitstone, 
 
 Glaston Twelve Hides, Winterstoke, and 
 
 Hampton and Clavertou, Witham Friary ; 
 and also the Hundred of Hartcliffe with Bedmiuster, 
 except such parts of that Hundred as are included in 
 the limits of the City of Bristol. 
 
 Western Diciaioit. Hundreds of 
 
 Abdick and Bulstone, Milverton, 
 
 Andersfield, North Pethertou, 
 
 Cannington, South Petherton, 
 
 Carhampton, Pitney, 
 
 Crewkeme, Somerton, 
 
 North Curry, Stone, 
 
 Houndsborough, Ber- Taunton and Taunton 
 
 wick, and Coker, Dean, 
 
 Huntspill and Puriton, Tintinhull, 
 
 Kingsbury, East, Whitley, and 
 
 Kingsbury, West, Williton and 
 Martock, Freemanors.
 
 APPENDIX B. 8 1* 
 
 Suffolk, Eastern Division. 
 
 Liberty of Bury St. Edmunds, and the respective Hun- 
 dreds of Hartesmere and Stow. 
 
 Western Division. 
 
 All such parts of the County of Suffolk as are not com- 
 prised in the Liberty of Bury St. Edmunds, or in either 
 of the Hundreds of Hartesmere and Stow. 
 
 Sussex, Eastern Division. 
 Eapes of Lewes, Hastings, and Pevensey. 
 
 Western Division. 
 Eapes of Arundel, Bramber, and Chichester. 
 
 Alphabetical List of Places for Applications under 
 44 Viet c. 12, ss. 33-36. 1 
 
 (N.B. Places in CAPITALS are also " places of district 
 probate registries;" 2 see p. 19.) 
 
 Abergavenny. Ashton-under-Lyne. 
 
 Aberystwith. Aylesbury. 
 
 Abingdon. Banbury. 
 
 Alnwick. BAN GOB. 
 
 Andover. Barnsley. 
 
 Arundel. Barnstaple. 
 
 Ashford. Bath. 
 
 1 Applications for probate or administration where the estate does 
 not exceed the value of ^300 ; see p. 30. The county is indicated 
 in italics where it seems desirable for the purpose of distinction ; 
 e.g., " Bradford ( Yorka)." 
 
 2 All " places of district registries " are included in this list, BO 
 that the names printed in capitals constitute a complete alphabetical 
 list of such places. 
 
 F
 
 82 
 
 THE WAY TO PROVE A WILL, ETC. 
 
 Bed ale. 
 
 Bedford. 
 
 Belper. 
 
 Berkhamsted. 
 
 Bideford. 
 
 Bilston. 
 
 Birkenhead. 
 
 BIRMINGHAM. 
 
 Bishop Auckland. 
 
 Bishop's Castle. 
 
 Bishop's Stortford. 
 
 Blackburn. 
 
 BLANDFORD. 
 
 BODMIN. 
 
 Bolton. 
 
 Boston. 
 
 Bradford (YorJto). 
 
 Bradford-on-Avon. 
 
 Brain tree. 
 
 Brecon. 
 
 Bridgend. 
 
 Bridgnorth. 
 
 Bridgwater. 
 
 Brierley Hill. 
 
 Brighouse. 
 
 Brighton. 
 
 BRISTOL. 
 
 Bromsgrove. 
 
 Buckingham. 
 
 Burnley. 
 
 B urton-on-Tre r t. 
 
 Bury (Lane.). 
 
 BURY ST. EDMUNDS. 
 
 Cambridge. 
 
 Campden. 
 
 CANTERBURT. 
 
 Cardiff. 
 
 Cardigan. 
 
 CARLISLE. 
 
 CARMARTHEN. 
 
 Chelmsford. 
 
 Cheltenham. 
 
 Chepstow. 
 
 Chertsey. 
 
 CHESTER. 
 
 Chesterfield. 
 
 CHICHESTKR. 
 
 Chippenham. 
 
 Chipping Norton. 
 
 Cirencester. 
 
 Colchester. 
 
 Conway. 
 
 Corwen. 
 
 Coventry. 
 
 Crewkerne. 
 
 Darlington. 
 
 Daventry. 
 
 Denbigh. 
 
 DERBY. 
 
 Dereham. 
 
 Devizes. 
 
 Dewsbury. 
 
 Dolgelly. 
 
 Doncaster. 
 
 Dorchester. 
 
 Dover. 
 
 Driffield. 
 
 Dudley. 
 
 DURHAM. 
 
 Ely. 
 
 Evesham. 
 
 EXETER.
 
 APPENDIX li. 
 
 Eye. 
 
 Faringdon. 
 
 Gainsborough. 
 
 GLOUCESTER 
 
 Grantham. 
 
 Gravesend. 
 
 Greenwich. 
 
 Grimsby. 
 
 GuUdford. 
 
 Halifax. 
 
 Halstead. 
 
 Hanley. 
 
 Hastings. 
 
 Haverfordwest. 
 
 HEREFORD. 
 
 Hertford. 
 
 Hexham. 
 
 Hitchin. 
 
 Ho niton. 
 
 Huddersfield. 
 
 Hull. 
 
 Huntingdon. 
 
 Ilfracombe. 
 
 IPSWICH. 
 
 Ironbridge. 
 
 Keighley. 
 
 Kendal. 
 
 Kidderminster. 
 
 Kingston-on-Thames. 
 
 Knaresborough. 
 
 LANCASTER. 
 
 Leamington. 
 
 Leeds. 
 
 LEICESTER. 
 
 Leominster. 
 
 LEWES. 
 
 LlCHFIELl). 
 
 LINCOLN. 
 
 LIVERPOOL. 
 
 LLANDAFF. 
 
 Llandilo. 
 
 Llangefni. 
 
 Loughborough. 
 
 Louth. 
 
 Ludlow. 
 
 Lynn. 
 
 Macclesfield. 
 
 Maidenhead. 
 
 Maidstone. 
 
 Malton. 
 
 Malvern. 
 
 MANCHESTER. 
 
 Mansfield. 
 
 Market Harborough. 
 
 Marlborough. 
 
 Melton Mowbray. 
 
 Merthyr. 
 
 Monmouth. 
 
 Newark. 
 
 NEWCASTLE-ON-TYNE. 
 
 Newcastle-under-Lyme. 
 
 Newnham. 
 
 Newport (Isle of Wight). 
 
 Newport (Monm.). 
 
 Newport (Salop). 
 
 Newton Abbot. 
 
 Newtown. 
 
 North Tawton. 
 
 North Walsham. 
 
 NORTHAMPTON. 
 
 NORWICH. 
 
 NOTTINGHAM.
 
 8 4 
 
 THE WAY TO PROVE A WILL, ETC. 
 
 Ntmeaton. 
 
 Odiham. 
 
 Oldham. 
 
 Ormskirk. 
 
 Oswestry. 
 
 OXFORD. 
 
 Pembroke. 
 
 Penrith. 
 
 PETERBOROUGH. 
 
 Petersfield. 
 
 Plymouth. 
 
 Pontypool. 
 
 Poole. 
 
 Portsmouth. 
 
 Preston (Lane.). 
 
 Pwllheli. 
 
 Reading. 
 
 Redbridge. 
 
 Red ruth. 
 
 Reigate. 
 
 Rhyl. 
 
 Ripon. 
 
 Rochdale. 
 
 Romford. 
 
 Royston. 
 
 Runcorn. 
 
 Ruthin. 
 
 Saffron Walden. 
 
 ST. ASAPH. 
 
 St. Austell. 
 
 SALISBURY. 
 
 Scarborough. 
 
 Selby. 
 
 Shaftesbury. 
 
 Sheffield. 
 
 Shepton Mallet. 
 
 Sherborne. 
 
 SHREWSBURY. 
 
 Sleaford. 
 
 Smethwick. 
 
 South Molton. 
 
 Southampton. 
 
 Stafford. 
 
 Stamford. 
 
 Stockport. 
 
 Stockton. 
 
 Stoke-on-Trent. 
 
 Stony Stratford. 
 
 Stourbridge. 
 
 Stowmarket. 
 
 Stratford-on-Avon. 
 
 Stroud. 
 
 Sudbury (/.). 
 
 Sunderland. 
 
 Swansea. 
 
 Tadcaster. 
 
 TAUNTON. 
 
 Thetford. 
 
 Tiverton. 
 
 Totnes. 
 
 Tottenham. 
 
 Truro. 
 
 Tunbridge. 
 
 Tunbridge Wells. 
 
 Ulverston. 
 
 Uttoxeter. 
 
 Wadebridge. 
 
 WAKEFIELD. 
 
 Walsall. 
 
 Ware. 
 
 War minster. 
 
 Warrington.
 
 APPENDIX B. 85 
 
 Wednesbury. WINCHESTER. 
 
 Wellingborough. Witney. 
 
 Wellington (Salop}. Wolverharapton. 
 
 WELLS. Woodbridge. 
 
 Welshpool. WORCESTER. 
 
 West Bromwicb. Worksop. 
 
 Weymouth. Wotton-under-Edge. 
 
 Whitchurch. Wrexham. 
 
 Whitehaven. Yarmouth (Norf.). 
 
 Wigan. Yeovil. 
 
 Williton. YORK.
 
 APPENDIX C 
 
 Rules as to Personal Applications ' 
 (all Registries). 
 
 I. PEBSOXS wishing to obtain grants of probate or letters 
 of administration without the intervention of a proctor, 
 solicitor, or attorney, mast apply in person at the de- 
 partment for personal applications (District Registry : at 
 the district registry, in person), and not by letter. 
 
 2. No such application will be received through an agent 
 of any kind (whether paid or unpaid). 
 
 3. The applications of parties who are attended by a 
 person acting or appearing to act as their adviser in the 
 matter will not be entertained. 
 
 4. All fees are to be paid in advance in Probate Court 
 stamps. 
 
 5. Applications which have (D.R.: an application which 
 has) in the first instance been made through a proctor' 
 solicitor, or attorney at the principal registry, or at a dis- 
 trict registry, cannot be transferred to this department 
 (D.E.: offer "attorney" cannot afterwards be treated 
 as a personal application). 
 
 6. Applications for grants of probate or administra 
 tion in cases which have already been before the Court 
 (on motion or otherwise) will not be entertained at this 
 department (D.R. : after " entertained" as personal appli- 
 
 1 The department for personal applications in the principal 
 registry is at Somerset House, Strand, London, W.C., in the large 
 quadrangle, last door ou the left hand (or east) side.
 
 APPENDIX C. 87 
 
 cations), but must be made through a proctor, solicitor, 
 or attorney. 
 
 7. Whenever it becomes necessary, in the course of pro- 
 ceeding with an application which has been entertained 
 at this department (D.R. : with a personal application), 
 to obtain the directions of the Court, the application will 
 not be proceeded with, but must be placed in the hands 
 of a proctor, solicitor, or attorney. 
 
 8. The papers necessary to lead the grant applied for 
 will be prepared in this department (D.R. : the district 
 registry). An applicant is, however, at liberty to bring 
 such papers, or any of them, filled up, but not sworn to, 
 and the same, if correct, may be received (the usual fee 
 for perusal being charged). All further papers which 
 may be required will be drawn in this department (D.R. : 
 the district registry). Testamentary papers once de- 
 posited in this department (D.R. : the district registry) 
 will not be given out unless under special circumstances, 
 and by permission of one of the registrars (D.R. : of a 
 registrar of the principal registry). 
 
 9. When it is necessary to administer an oath or take 
 an affirmation the party shall be sworn or affirmed before 
 some proper authority of the principal registry, or of a 
 district registry, unless otherwise permitted by one of the 
 registrars (D.R. : the district registrar). 
 
 10. Every applicant for a first grant of probate or 
 letters of administration must (D.R. : insert if required by 
 the district registrar) produce a certificate of the death or 
 burial of the deceased, or give a reason to the satisfac- 
 tion of one of the registrars (D.R.: a satisfactory reason) 
 for the non-production thereof. 
 
 11. Every applicant must be prepared with (D.R. : the 
 district registrar may require in any case he sees fit) a 
 reference to some person of position or character, to estab- 
 lish his or her identity (D.R. : the identity of the appli- 
 cants).
 
 88 THE WAY TO PROVE A WILL, ETC. 
 
 12. The engrossments of wills and testamentary papers 
 will be made in the registry (D.R. ; the district registry 
 from which the grant is to issue). 
 
 13. Every applicant for a grant of probate or letters 
 of administration shall give under his or her hand a 
 schedule of the property to be affected by the grant in 
 the form hereunto annexed, marked A. (The necessary 
 forms will be provided in the registry (D.R. : in the dis- 
 trict registry).) 
 
 14. Legal advice is not given to applicants, either 
 with respect to the property to be included in the above- 
 mentioned schedule, or upon any other matter con- 
 nected with the application, and the clerks in this de^ 
 partment are (D.R. : district registrar is) only to be held 
 responsible for embodying in a proper form the instruc- 
 tions given to them, but they will (D.R. : him, but he 
 will), as far as practicable, assist applicants by giving 
 them information and directions as to the course which 
 they must pursue. 
 
 15. A receipt or acknowledgment of each application 
 will be handed to the applicant, and the production of 
 such receipt will be required of the person who attends 
 to obtain the grant when completed. 
 
 16. No clerk or officer of this department (D.R.: the 
 district registry) is to become surety to any administra- 
 tion bond. 
 
 17. All administration bonds in cases of personal ap- 
 plications are to be executed in this department, or in 
 a district registry; if executed in this department the 
 bond must be attested by the chief clerk or senior clerk 
 in attendance (D.R. : after " be executed," in the district 
 registry making the grant, or in some other registry 
 belonging to the Court of Probate, 1 unless otherwise per- 
 mitted by the district registrar). 
 
 1 For this we must now read J'robate Division.
 
 APPENDIX C. 
 
 8 9 
 
 (A.) An Account of the Personal Estate and 
 Effects of , deceased. 
 
 (No Deductions to be made on account of Debts owing 
 by Deceased.) 
 
 
 
 Price of 
 
 Stocks. 
 
 Actual Value. 
 
 
 
 
 
 s. 
 
 d. 
 
 Cash in the house and at the bankers . 
 
 
 
 
 
 Household goods, linen, wearing ap- 
 
 
 
 
 
 parel, books, plate, jewels, carri- 
 
 
 
 
 
 ages, horses, &c., valued at . 
 
 
 
 
 
 Stocks or funds of Great Britain trans- 
 
 
 
 
 
 ferable at the Bank or elsewhere in 
 
 
 
 
 
 England, viz. : 
 
 
 
 
 
 Dividends thereon . 
 
 
 
 
 
 Foreign stocks or funds transferable in 
 
 
 
 
 
 England, viz. : 
 
 
 
 
 
 Dividends thereon . 
 
 
 
 
 
 Leasehold property : 
 
 
 
 
 
 Value per annum . 
 
 
 
 
 
 Ground-rent on do. per 
 
 
 
 
 
 annum ..... 
 
 
 
 
 
 Length of unexpired term . 
 
 
 
 
 
 licnts of real or leasehold property due 
 at the death of the deceased . 
 
 
 
 
 
 Kents of leasehold property due since 
 
 
 
 the death of the deceased . 
 
 
 
 
 
 Proprietary shares or debentures of 
 
 
 
 
 
 public companies, viz. : 
 
 
 
 
 
 Dividends or interest thereon . 
 
 
 
 
 
 Money out on mortgage and other se- 
 
 
 
 
 
 curities ...... 
 
 
 
 
 
 Interest thereon .... 
 
 
 
 
 
 Book debts ..... 
 
 
 

 
 90 THE WAY TO PROVE A WILL, ETC. 
 
 Account of the Personal Estate, tOc. (continued). 
 
 
 
 Sta! Actual Value. 
 
 
 1 
 
 
 
 . 
 
 (i. 
 
 Bomls and bills 
 
 
 
 
 Notes ...... 
 
 
 
 
 Interest thereon .... 
 
 
 
 
 Real estate contracted to be sold 
 
 
 
 
 Personal estate and effects left bv the 
 
 
 
 
 will under some authority enabling 
 
 
 
 
 the deceased to dispose of the same 
 
 
 
 
 as he or she might think fit 
 
 
 
 Stock in trade, farming stock, and im- 
 
 
 
 
 plements of husbandry valued at 
 
 
 
 
 Other personal properly not comprised 
 under the foregoing heads, viz. : 
 
 
 
 
 Scale of Additional Fees on Personal Applications 
 (all Registries). 
 
 Probates or Letters of Administration with Will annexed, 
 or Double or Cessate Probates or Letters of Adminis- 
 tration with Will annexed, De bonis non, or Cessate, 
 upon ivliich Stamp Duty payable in respect of Per- 
 sonal Estate of Testator. 
 
 Effects sworn 
 under 
 
 Preparing 
 Oath of Exe- 
 cutor*. 
 
 Preparing 
 Affidavit tor 
 Inland Revenue 
 Office. 
 
 Probate under 
 Seal. 
 
 Clerks. 
 
 
 
 *. d. 
 
 . (1. 
 
 X. ll. X. </. 
 
 5 
 
 2 6 
 
 26 t o i o 
 
 20 
 
 2 6 
 
 26 oio 10 
 
 too 
 
 5 o 
 
 50 oio 20 
 
 200 
 
 5 o 
 
 5O 020 20 
 
 300 
 
 5 o 
 
 5 o 
 
 050 
 
 2 O
 
 APPENDIX C. QI 
 
 Probates or Letters of Administration, it'c. (continued). 
 
 Effects sworn 
 under 
 
 Preparing 
 Oath of Exe- 
 cutors. 
 
 Preparing 
 Affidavit for 
 Inland Kevenue 
 Office. 
 
 Probate under 
 Seal. 
 
 Clerks. 
 
 
 
 S. d. 
 
 a. tl 
 
 s. 
 
 d. 
 
 s. rf. 
 
 450 
 
 S o 
 
 5 o 
 
 o 8 
 
 o 20 
 
 600 
 
 5 o 
 
 5 o 
 
 II 
 
 O 20 
 
 800 
 
 5 o 
 
 30 o 15 
 
 2O 
 
 1,000 
 
 5 o 
 
 50 12 
 
 20 
 
 1.500 
 
 5 o 
 
 50 i 10 
 
 o 5 o 
 
 2.OOO 
 
 50 50 20 
 
 o 50 
 
 3.000 50 50 2 10 
 
 o 5 o 
 
 4.000 50 50 30 
 
 o 50 
 
 5,000 50 50 32 
 
 6 76 
 
 6.000 50 50 35 
 
 o 76 
 
 7,000 50 50 37 
 
 6 76 
 
 8,000 50 50 3 10 
 
 o 76 
 
 9,000 50 50 3 12 
 
 6 
 
 7 6 
 
 10,000 5 o 50 
 
 3 15 
 
 o 
 
 7 6 
 
 12,000 
 
 5 
 
 5 o 3 17 
 
 6 
 
 7 6 
 
 14.000 
 
 5 
 
 50 40 
 
 o 
 
 7 6 
 
 16,000 
 
 5 o 
 
 5 
 
 4 3 
 
 9 
 
 7 6 
 
 18,000 
 
 5 o 
 
 5 o 
 
 4 7 
 
 6 
 
 7 6 
 
 20,000 
 
 5 o 
 
 5 o 
 
 4 ii 
 
 3 
 
 7 6 
 
 25,000 
 
 5 o 
 
 5 o 
 
 4 16 
 
 3 
 
 7 6 
 
 30,000 5 o 
 
 5 o 
 
 5 2 
 
 6 
 
 7 6 
 
 35,000 5 o 
 
 5 o 
 
 5 8 
 
 9 
 
 7 6 
 
 40,000 ; 5 o 
 
 5 o 
 
 5 18 
 
 3 
 
 7 6 
 
 45,000 5 o 5 o 
 
 6 7 
 
 6 
 
 7 6 
 
 50,000 50 50 
 
 6 17 
 
 o 
 
 7 6 
 
 60,000 50 50 
 
 7 6 
 
 3 
 
 7 6 
 
 70,000 
 
 5 50 
 
 8 5 
 
 
 7 6 
 
 80,000 
 
 50 5 o 
 
 9 3 
 
 9 
 
 21 O 
 
 90,000 
 
 50 50 
 
 IO 2 
 
 6 
 
 21 
 
 100,000 
 
 5 5 
 
 II I 
 
 3 2I 
 
 120,000 
 
 50 50 
 
 II IO 
 
 9 210 
 
 140,000 i 5 5 
 
 12 9 
 
 6 
 
 21 
 
 160,000 
 
 5 o 5 o 
 
 i.3 8 
 
 3 
 
 21 
 
 180,000 
 
 50 50 
 
 H 7 
 
 
 
 21 
 
 200,000 50 50 
 
 15 5 
 
 9 
 
 21 
 
 250,000 50 50 
 
 16 4 
 
 6 
 
 21 O 
 
 300,000 I 5 o 50 
 
 18 ii 
 
 3 
 
 21 
 
 350,000 5 o 
 
 5 o 
 
 20 18 
 
 3 
 
 21 O 
 
 400,000 
 
 5 o 
 
 5 o 
 
 21 I 3 
 
 9 
 
 21 
 
 500,000 
 
 5 o 
 
 5 o 
 
 22 9 
 
 6 
 
 21 O
 
 92 THE WAY TO PROVE A WILL, ETC. 
 
 Every additional 100,000, or any fractional part of 
 100,000 under which effects are sworn, in addition to 
 above fees, 1 us. $d. 
 
 In addition to above, for all second and subsequent 
 grants the same fees for looking up and taking an account 
 of each former representation as on similar grants on 
 which no stamp duty is payable. 1 
 
 Engrossing and collating will, if 3 folios of s. d. 
 
 90 words or under, including parchment . 4 6 
 
 Exceeding 3 folios, per folio . . . .16 
 
 Engrossing and collating a will or codicil for grant of 
 probate or letters of administration with will annexed 
 when there are pencil marks in the will or codicil or 
 when will or codicil is to be registered facsimile, in addi- 
 tion to any other fee for engrossing and collating same : 
 
 If the pencil marks in the will or codicil, or 
 the part or parts thereof to be registered 
 facsimile, are 2 folios of 90 words in length s. d. 
 or under I o 
 
 If exceeding 2 folios, for every additional folio 
 
 or part of the folio of 90 words . . .06 
 
 Letters of Administration loith Will annexed. 
 In addition to the above fees ; 
 For preparing the bond if the effects are 
 
 8. d. 
 
 Under 20 . . . .16 
 20 and under 100 . .36 
 100 and upwards . .50 
 
 1 As to these, see pp. 96, 97.
 
 APPENDIX C. 
 
 93 
 
 Letters of Administration granted to Widoiv of Intestate, or 
 to one or more of his Children, or to one or more of 
 Children of Intestate Widow, on Personal Application 
 at any Registry (if not granted iinder 36 & 37 Viet, 
 chapter 52, as extended by 38 & 39 Viet, chapter 
 27 1 ), in lieu of all Fees heretofore authorized to be 
 taken. 
 
 Fee. 
 
 Estate sworn not over 20 
 30 
 40 
 
 ... ,, 50 
 
 60 
 
 - 70 
 
 80 
 90 
 
 100 
 
 5 o 
 
 6 o 
 
 7 o 
 
 8 o 
 
 9 o 
 
 10 O 
 
 11 O 
 
 12 O 
 
 13 o 
 
 The above include fees for taking instructions for, 
 drawing, and copying instrument of renunciation to be 
 executed by widow of intestate if required, and all other 
 fees payable in respect of such grants. 
 
 Other Grants of Letters of Administration, including De 
 bonis non or Cessate, upon which Stamp Duty is pay- 
 able in respect of the Personal Estate of the Intestate. 
 
 Effects sworn 
 not to exceed 
 
 Preparing 
 Oath for 
 Administrator 
 and Bond. 
 
 Preparing 
 Affidavit for 
 Inland 
 Revenue. 
 
 Letters of 
 Administration 
 under Seal. 
 
 Clerks. 
 
 
 
 *. (I. 
 
 *. d. 
 
 JL * d. 
 
 *. il. 
 
 5 
 
 4 o 
 
 2 6 
 
 O I O 
 
 
 
 20 
 
 4 o 
 
 2 6 
 
 O I 
 
 I O 
 
 So 
 
 7 6 
 
 3 o 
 
 O I 
 
 2 O 
 
 IOO 
 
 8 6 
 
 5 o 
 
 O I O 
 
 2 O 
 
 1 As to administration under these Acts, see p. 37.
 
 94 THE WAY TO PROVE A WILL, ETC. 
 
 Other Grants of Letters of Administration (continued). 
 
 Effects sworn 
 under 
 
 Preparing 
 Oath for 
 Administrator 
 and Bond. 
 
 Preparing 
 Affidavit for 
 Inland 
 Revenue. 
 
 Letters of 
 Administration 
 under Seal. 
 
 Clerks. 
 
 
 
 8. tl. 
 
 8. (1. S. (I. 
 
 . (I. 
 
 200 
 
 IO O 
 
 5O 030 20 
 
 300 
 
 IO O 
 
 5O 080 20 
 
 450 
 
 IO O 
 
 50 OIIO 20 
 
 600 
 
 IO O 
 
 5 o 
 
 o 15 o 20 
 
 800 
 
 IO O 
 
 c o 
 
 I 2 O 
 
 2 
 
 I,OOO 
 
 IO O 
 
 5 o 
 
 I IO O 
 
 c o 
 
 1,500 
 
 )O O 
 
 5 o 
 
 250 
 
 c o 
 
 2,000 
 
 IO O 
 
 5 o 
 
 300 
 
 c o 
 
 3,000 
 
 IO O 
 
 5 o 
 
 3 i 9 
 
 7 6 
 
 4,000 
 
 IO O 
 
 5 o 
 
 339 
 
 7 ^ 
 
 5,000 
 
 IO O 
 
 c o 
 
 3 7 6 
 
 7 6 
 
 6,000 
 
 IO O 
 
 C o 
 
 3 ii 3 
 
 7 6 
 
 7,000 
 
 10 O 
 
 c o 
 
 3 15 
 
 7 6 
 
 8,000 
 
 IO O 
 
 5 o 
 
 3 i 9 
 
 7 6 
 
 9,000 
 
 IO O 
 
 5 o 
 
 426 
 
 7 6 
 
 10,000 
 
 IO O 
 
 c o 
 
 463 
 
 7 6 
 
 12,000 
 
 IO O 
 
 5 o 
 
 4 10 o 
 
 7 6 
 
 14,000 
 
 IO O 
 
 5 o 
 
 4 13 9 
 
 7 6 
 
 16,000 
 
 IO O 
 
 5 o 
 
 4 19 6 
 
 7 6 
 
 18,000 
 
 10 O 
 
 5 o 
 
 5 5 o 
 
 7 6 
 
 20,000 
 
 IO 
 
 5 o 
 
 5 i 9 
 
 7 6 
 
 25,000 
 
 IO O 
 
 5 o 
 
 5 18 3 
 
 7 6 
 
 30,000 
 
 IO O 
 
 S o 
 
 676 
 
 7 6 
 
 35.000 
 
 IO O 
 
 5 o 
 
 6 17 o 
 
 7 6 
 
 40,000 
 
 IO O 
 
 c o 
 
 7 10 9 
 
 7 6 
 
 45,000 
 
 IO O 
 
 50 ; 850 
 
 7 6 
 
 50,000 
 
 IO O 
 
 5 o 
 
 8 18 9 
 
 7 6 
 
 60,000 
 
 '10 o 
 
 5 o 
 
 9 13 3 
 
 7 6 
 
 70,000 
 
 IO O 
 
 5 o 
 
 ii i 3 
 
 7 6 
 
 80,000 
 
 IO O 
 
 c o 
 
 1296 
 
 21 
 
 90,000 
 
 IO O 
 
 c o 
 
 13 17 6 
 
 21 O 
 
 100,000 
 
 IO O 
 
 C o 
 
 15 5 9 
 
 21 O 
 
 120,000 10 o 
 
 50 15 19 9 
 
 21 
 
 140,000 10 o 
 
 5 o 
 
 17 8 o 
 
 21 O 
 
 160,000 10 o 
 
 5 o 
 
 18 16 3 
 
 21 
 
 180,009 ; 10 o 50 20 4 o 
 
 21
 
 APPENDIX C. 95 
 
 Other Grants of Letters of Administration (continued). 
 
 Effects sworn 
 under 
 
 Preparing 
 Oath for 
 Administrator 
 and Bond. 
 
 Preparing 
 Affidavit for 
 Inland 
 Revenue. 
 
 Letters of 
 Administration 
 under Seal. 
 
 Clerks. 
 
 
 
 . il. 
 
 *. iJ. 
 
 *. <l. 
 
 8. d. 
 
 200,000 
 
 IO O 
 
 5 o 
 
 21 12 6 
 
 21 O 
 
 250,000 
 
 10 O 
 
 5 o 
 
 23 o 3 
 
 21 O 
 
 300,000 
 
 IO 
 
 5 o 
 
 24 3 9 
 
 21 
 
 350,000 
 
 IO 
 
 5 o 
 
 25 7 3 
 
 21 
 
 400,000 
 
 IO 
 
 5 o 
 
 26 10 6 
 
 21 
 
 500,000 
 
 IO 
 
 5 o 
 
 27 14 o 
 
 21 O 
 
 600,000 
 
 10 O 
 
 5 o 
 
 30 10 o 
 
 21 O 
 
 700,000 
 
 IO O 
 
 5 o 
 
 32 7 9 
 
 21 
 
 800,000 
 
 10 O 
 
 5 o 
 
 34 13 9 
 
 21 O 
 
 900,000 
 
 IO O 
 
 5 o 
 
 37 i 6 
 
 21 O 
 
 1,000,000 
 
 10 
 
 5 o 
 
 39 8 6 
 
 21 O 
 
 For every additional ,100,000, or any fractional part 
 of ; 1 00,000, under which the effects are sworn, in addi- 
 tion to the above fees, 2 Js. 
 
 In addition to the above for all second and subsequent 
 grants the same fees for looking-up and taking an account 
 of each former representation as on similar grants on 
 which no stamp duty is payable. 1 
 
 1 As to these, see pp. 96, 97.
 
 9 
 
 THE WAY TO PROVE A WILL, ETC. 
 
 Double or Gessate Probates on which no Stamp Duty 
 is payable. 
 
 If Effect! 
 sworn 
 under 
 
 Looking-up 
 and taking an 
 Account of 
 each Former 
 Grant. 
 
 Oath of the 
 Executor. 
 
 Affidavit for 
 Inland Re- 
 venue Office. 
 
 Double or 
 Ccssate Pro- 
 bate under 
 Seal. 
 
 Clerks. 
 
 
 
 *. d. 
 
 *. <L 
 
 *. ,1. 
 
 *. <l. 
 
 *. r/. 
 
 5 
 
 2 6 
 
 2 6 
 
 2 6 
 
 I 
 
 
 
 20 
 
 2 6 
 
 2 6 
 
 2 6 
 
 I 
 
 I O 
 
 100 
 
 5 o 
 
 5 o 
 
 5 o 
 
 I 
 
 2 
 
 200 
 
 5 o 
 
 6 6 
 
 5 o 
 
 3 o 
 
 2 
 
 300 
 
 5 o 
 
 6 6 
 
 5 o 
 
 7 6 
 
 2 O 
 
 450 
 
 5 o 
 
 6 6 
 
 5 o 
 
 12 O 
 
 2 O 
 
 600 
 
 5 o 
 
 6 6 
 
 5 o 
 
 12 6 
 
 2 
 
 800 
 
 5 o 
 
 6 6 
 
 5 o 
 
 12 6 2O 
 
 1,000 
 
 5 o 
 
 6 6 
 
 5 o 
 
 12 6 
 
 2 
 
 1,500 
 
 5 o 
 
 6 6 
 
 5 o 
 
 12 6 
 
 5 o 
 
 2,000 
 
 5 o 
 
 6 6 
 
 5 
 
 12 6 
 
 5 o 
 
 3,000 
 
 5 o 
 
 6 6 
 
 5 o 
 
 12 6 
 
 5 o 
 
 4,000 
 
 5 o 
 
 6 6 
 
 5 o 
 
 12 6 
 
 5 o 
 
 5,000 
 
 5 o 
 
 6 6 
 
 5 o 
 
 12 6 
 
 7 6 
 
 Above 
 
 
 5,000 
 
 Fees to be taken same as above, except tee for 
 
 i _ _i _ i.* t_ ;r ,/*_* . e i _f r 
 
 clerks, which, if effects are of value of ,70,000 or 
 upwards, is 2i. 
 
 Exemplification of Probate or Letters of Administration. 
 
 Looking-up grant of probate and original will, or 
 
 grant of administration (with or without will . d. 
 annexed) 5 
 
 Exemplification under seal, in addition to $ stamp 1 5 
 
 Clerks 
 
 o 
 o 
 
 2 6
 
 APPENDIX C. 
 
 97 
 
 Duplicate and Triplicate Probates, or tfcc. 
 
 Looking-up will 
 
 Duplicate or triplicate probate or letters of ad- 
 ministration, with or without will annexed, or 
 probate of codicil to will already proved, or 
 letters of administration (with same annexed), 
 if personal estate sworn under ^450, or any 
 smaller sum, same fees as on original grant. 
 
 If personal estate of value of ^450 and upwards . 
 
 Clerks 
 
 d. 
 o 
 
 12 6 
 
 2 6 
 
 Letters of Administration with or without Will annexed 
 De bonis non or Cessate on which no Stamp Duty is 
 payable. 
 
 
 
 
 
 De bonis or 
 
 
 If Effects 
 
 Looking-up 
 and taking 
 
 Oath of Ad- 
 
 Affidavit for 
 
 Cessate Ad- 
 ministration 
 
 
 sworn 
 
 Account of 
 
 ministrator 
 
 Inland Re- 
 
 under Seal and 
 
 Clerks. 
 
 under 
 
 each Former and Bond. 
 
 venue Office. 
 
 Duty-paid 
 
 
 
 Grant. 
 
 
 
 Stamp. 
 
 
 
 
 8. d. 
 
 8. d. 
 
 s. d. 
 
 s. d. 
 
 s. d. 
 
 5 
 
 2 6 
 
 2 6 
 
 2 6 
 
 I O 
 
 
 
 20 
 
 2 6 
 
 4 
 
 2 6 
 
 I O 
 
 I O 
 
 So 
 
 3 6 
 
 6 o 
 
 30 i 6 
 
 2 
 
 IOO 
 
 5 o 
 
 7 6 
 
 50 30 
 
 2 O 
 
 200 
 
 5 o 
 
 10 O 
 
 50 46:20 
 
 300 
 
 5 o 
 
 IO O 
 
 5O 12 2O 
 
 450 
 
 5 o 
 
 IO O 
 
 SO 12 6 ; 2 O 
 
 6OO 
 
 5 o 
 
 10 o 50 12 6 
 
 2 
 
 If effects ,600 and upwards, same fees as above, 
 except fee for clerks, 5.?.
 
 98 THE WAY TO PROVE A WILL, ETC. 
 
 Instructions for oath, affidavit, instrument, or 
 document, other than oaths and affidavits and 
 instruments of renunciation included in fore- s. d. 
 
 going fees 50 
 
 Drawing same, per folio of 72 words . .10 
 Copies of documents prepared in depart- 
 ment for personal applications, 1 not in- 
 cluded in foregoing fees, per folio of 72 
 words . . . . . . .06 
 
 Instructions for special or limited probates, or 
 letters of administration (with or without will 
 
 annexed) 50 
 
 Attendances on settling oaths for special or 
 
 limited grants .100 
 
 All other fees to be taken the same as for ordinary 
 
 grants. 
 
 Perusing and settling oaths, affidavits, and other 
 instruments and documents not drawn in de- 
 partment for personal applications, 2 if 6 folios 
 
 of 72 words or under I 6 
 
 Exceeding 6 folios, per folio of 72 words . o 3 
 Perusing and abstracting deeds, or other instru- 
 ments when necessary, per folio of 72 words 3 . o 3 
 Administering oaths, or taking affirmations, other 
 than those included in foregoing fees, each de- 
 ponent 3 . i o 
 
 Marking exhibits I o 
 
 1 Sic iii official copies, but it would seem that district registry 
 should be substituted in the case of a district registry. 
 
 2 In the case of a district registry, fur "department" substitute 
 district registry. 
 
 a In the case of a district registry these items do not occur as 
 here given, but sec previous items as to oaths and perusing.
 
 APPENDIX C. 99 
 
 Attesting execution of bond other than bond of 
 
 widow or children of intestate included in former s. d. 
 
 fees 1 i 6 
 
 If not completed on one occasion, for each 
 
 subsequent attestation * . . . .10 
 Giving additional security in addition to above 
 fees and fees for preparing new bond : 
 
 Looking-up original or former bond 1 . .50 
 
 1 In the case of a district registry these items do not occur.
 
 APPENDIX D. 
 
 ADDITIONAL FORMS. 1 
 Executor's Oath, on provhig Copy of Will. 2 
 
 (Title and commencement as at p. 63 ; then} A. B., late 
 of , deceased, died on the day of , 
 
 1 8 , at , having made and duly executed his 
 
 last will and testament, bearing date the day of 
 
 , and thereof appointed me, the said C. D., sole 
 executor : 
 
 And I further make oath and say, that at the time of 
 the death of the said deceased the said will was whole and 
 unrevoked, and in the same state as when executed, but 
 that the said will has since been lost, or so mislaid that 
 the same cannot now be found : 
 
 And I further make oath and say, that shortly after 
 the death of the said deceased a copy of the said will was 
 made by , of , solicitor, at my request, 
 
 and the same was by him examined with the original and 
 found to agree therewith : 
 
 And I further make oath and say, that I believe the 
 paper writing hereto annexed and marked by me to con- 
 tain the true last will and testament (the same being the 
 aforesaid copy thereof) of the said testator ; that I am the 
 sole executor named in the said will, and that I will well 
 
 1 A few forms, of a less common character than those given at 
 pp. 60-76, are given here as being likely to be useful to legal prac- 
 titioners. 
 
 * This may be adipted to the case of a draft of a will.
 
 APPENDIX D. 101 
 
 and faithfully administer the personal estate of the said 
 testator, until the said original will or a more authentic 
 copy thereof shall be brought into and left in the princi- 
 pal registry of this Division (by paying, &c., as in "Exe- 
 cutor's Oath, Ordinary," p. 63, omitting "that the testa- 
 tor . . . . 1 8 ; jurat as at p. 63). 
 
 Executor s Oath : Limited to Property in Funds. 1 
 
 (Title and commencement as at p. 63 ; then} the said 
 A. B., late of , deceased, died at , on the 
 
 day of , having made and duly executed his 
 
 last will and testament, bearing date the day of 
 , 1 8 , limited to his effects in the English funds, 
 and thereof appointed an executor in the words follow- 
 ing : " I appoint, name, and institute as sole executor 
 and administrator of all effects which I may at my 
 decease possess in the public funds chargeable on the king- 
 dom of England, in Great Britain, C. D., of ." 
 
 And I further make oath and say, that I believe the 
 paper writing hereto annexed and marked by rne to con- 
 tain the true and original last will and testament of the 
 said A. B., deceased ; that I am the sole executor named 
 in the said will, and that I will well and faithfully admi- 
 nister the personal estate of the said testator, limited to 
 such as is in the English funds (by paying, fyc., as in last 
 preceding form, inserting limited as aforesaid after 
 " estate; " jurat as at p. 63). 
 
 Executor's Oath : " Save and except." 
 
 (Title and commencement as at p. 63) the said A. B., 
 late of , deceased, died at , on the day 
 
 of , 1 8 , having made and duly executed his last 
 
 will and testament, bearing date the day of 
 
 i This may be adapted to other kinds of specified property.
 
 102 THE WAY TO PROVE A WILL, ETC. 
 
 1 8 , and therein named his son, me the deponent, execu- 
 tor, save and except as regards all freehold, copyhold, 
 leasehold and personal estates, hereditaments, money, 
 securities for money and premises whatsoever vested in 
 him upon or for the trusts or purposes of the last will and 
 testament of E. F., late of , deceased : 
 
 And I further make oath and say, that I believe the 
 paper writing hereto annexed and marked by me to con- 
 tain the true and original last will and testament of the 
 said A. B., deceased, and that I am the executor therein 
 named as aforesaid, and that I will well and faithfully 
 administer the personal estate of the said testator, save 
 and except so far as relates to all freehold, copyhold, lease- 
 hold and personal estates, hei'editaments, money, securities 
 for money and premises whatsoever vested in him upon or 
 for the trusts or purposes of the will of the said E. F., 
 deceased, by paying his just debts and the legacies con- 
 tained in his will so far as the same shall thereto extend 
 and the law bind me ; that I will exhibit a true and per- 
 fect inventory of all and singular the said estate and 
 effects, save and except as aforesaid, and render a just and 
 true account thereof whenever required by law so to do ; 
 and that the whole of the personal estate of the said 
 testator, under the exceptions aforesaid (continue as in 
 "Executor's Oath, Ordinary," p. 63; jurat as at p. 63). 
 
 Executor's Oath ; Cessate Probate after Attorney. 
 
 (Title and commencement as at p. 63; then as in 
 "Executor's Oath, property not covered," p. 65, to "sole 
 executor;" then) 
 
 And I further make oath and say, that on the day 
 of , 1 8 , letters of administration with the said 
 
 will annexed of all and singular the personal estate of 
 the said deceased were by authority of this Division 
 granted to E. F. as the lawful attorney and for the use 
 and benefit of me this deponent, who was then residing
 
 APPENDIX D. 103 
 
 at 1 , and until I should duly apply for and 
 
 obtain probate of the said will to be granted to me (as by 
 the acts and records now remaining in the probate or 
 principal registry thereof appears) : 
 
 And I further make oath and say, that since the 
 premises I have returned to, and am now resident in, 
 England. 
 
 And I further make oath and say, that I believe the 
 parchment exhibit hereunto annexed, partly written and 
 partly printed, and marked by me, to contain the true 
 last will and testament of the deceased, that I am the 
 sole executor named in the said will, and that (I will well 
 and faithfully, &c., as in " Executor's Oath, Ordinary," 
 p. 63; omitting that the testator . . . . 18 ; jurat as 
 at p. 63). 
 
 Administrator's Oath : Attorney of Executor. 2 
 
 (Title and commencement as at p. 63; then as in 
 "Executor's Oath, property not covered" to " 18 ' ):i ; 
 then) and thereof appointed E. F. sole executor, who now 
 resides at 4 
 
 And I further make oath and say, that I am the law- 
 fully appointed attorney of the said E. F., as in and by a 
 letter or power of attorney under the hand and seal of 
 the said E. F. will more fully appear : 
 
 And I further make oath and say, that I believe the 
 paper writing hereto annexed and marked by me to 
 contain the true and original last will and testament of 
 the said deceased ; and 1 will well and faithfully admin- 
 ister the personal estate and effects of the said deceased 
 
 1 Some place out of England, see p. 53. 
 
 2 This form can be adapted to the case of an attorney of a person 
 entitled to administration. 
 
 3 I.e., the second time that " 18 " occurs. 
 ^ Some place out of England, see p. 53.
 
 104 THE WAY TO PROVE A WILL, ETC. 
 
 for the use and benefit of the said E. F., and until he 
 shall duly apply for and obtain probate of the said will 
 to be granted to him, by paying the just debts of the 
 said deceased and the legacies contained in his will (and 
 distributing, &c., as in "Administrator's Oath: Wife," 
 p. 67, omitting that the said deceased . . . . 18 ; jurat 
 as at p. 63). 
 
 Power of Attorney to obtain a Grant. 
 
 Whereas A.B., late of deceased, died on the 
 
 day of 1 8 at intestate, 1 leaving surviving 
 
 him C. D. his lawful widow and relict : 
 
 Now I, the said C. D., the lawful widow and relict of the 
 said A. B., at present residing at , 2 hereby nominate, 
 
 constitute and appoint E. F. of to be my lawful 
 
 attorney for the purpose of obtaining letters of adminis- 
 tration of all and singular the personal estate and effects 
 of the said A. B., deceased, to be granted to him by the 
 High Court of Justice for my use and benefit, and until 
 I shall duly apply for and obtain letters of administra- 
 tion of the personal estate and effects of the said deceased 
 to be granted to me; and I hereby promise to ratify and 
 confirm whatever my said attorney shall lawfully do or 
 cause to be done in the premises. 
 
 In witness whereof I have hereunto set my hand and 
 seal this day of in the year of our Lord 1 8 
 
 Signed, sealed and delivered { 
 in the presence of J 
 
 Administrator's Oath, under 20 &2l Viet. c. 77, 8. 73. 
 
 (Title and commencement as at p. 63 ; then as in " Ex- 
 ecutor's Oath : Property not covered," p. 65, dmm to and 
 
 ' This can easily be adapted to the case of a testator. 
 - Some place out of England, see p. 53.
 
 APPENDIX D. 105 
 
 therein named, then) E. F. of sole executor and 
 
 residuary legatee, who is now resident out of the United 
 Kingdom of Great Britain and Ireland. 
 
 2. I am a creditor of the said deceased. 
 
 3. On the day of 18 the Eight Honour- 
 able Sir James Hannen, Knight, President of this Divi- 
 sion, on motion of counsel, appointed me this deponent 
 to be the administrator with the said will annexed of all 
 and singular the personal estate and effects of the said 
 deceased under and by virtue of the 73rd section of the 
 Court of Probate Act, 1857. 
 
 4. I believe the paper writing hereto annexed and 
 marked by me to contain the true and original last will 
 and testament of the said deceased ; (I will well and 
 faithfully, Sfc., as in " Administrator's Oath ; Wife," p. 67, 
 omitting that the said 18 : jurat as at p. 63). 
 
 Administrator's Oath : Pendente Lite. 
 
 (Title and commencement as at p. 63 ; then] the said A.B., 
 
 late of , deceased, died at on the day of 
 
 having as asserted made his will, bearing date 
 
 the day of but did not thereof appoint any 
 
 executor : 
 
 And I further say, that there is now depending in 
 judgment in the aforesaid Division a certain action (num- 
 bered and lettered as may be) entitled (title of action) and 
 concerning the validity of the said will ;' and I further 
 make oath that I will faithfully administer the personal 
 estate of the said deceased, pending the said action, save 
 distributing the residue thereof, under the directions and 
 control of this Division (that I will exhibit, <fcc., as in 
 " Administrator's Oath : Wife" p. 67, omitting that the 
 said deceased . . . . 18 ; jurat as at p. 63). 
 
 i Here recite order appointing C.D. administrator.
 
 106 THE WAY TO PROVE A WILL, ETC. 
 
 Administrator's Oath : Guardian, durante minore aetate 
 
 (Title and commencement as at p. 63; then) the said 
 A. B., late of , deceased, died on the day of 
 
 , 1 8 , at , a widower and intestate, 
 
 leaving E. F., his natural and lawful and only child and 
 only next-of-kin him surviving, who is now in his minority, 
 to wit, of the age of twenty years and upwards, but under 
 the age of twenty-one years. 1 
 
 And I further make oath and say (deponent here 
 describes his appointment as guardian by the father, by 
 the Court, or by election). 
 
 And I further make oath and say, that I am the 
 guardian of the said minor, duly appointed by (as the 
 case may be) ; that I will faithfully administer the per- 
 sonal estate of the said deceased for the use and benefit 
 of the said E. F., until he shall attain the age of twenty- 
 one years, 2 by paying the just debts of the said de- 
 ceased, (and distributing, &c., as in " Administrator's 
 Oath : Wife," p. 67 ; omitting " that the said deceased 
 . . . . 1 8 " ; jurat as at p. 63). 
 
 If there be more than one minor, enumerate the ages, and insert 
 severally after " but." 
 
 * If several minors, said E. /'., </-c., uttiil one of thmi shall 
 attain, ij-c.
 
 INDEX. 
 
 N.R. Cases referred to in the book u-ill be found under the title 
 CASES ; Forms of Oaths, (jr., tinder FORMS ; Acts of Parliament 
 under STATUTES. 
 
 N. 15. For brevity, the word " grant " is frequently used in this Index 
 iu the sense of "-rant of letter of administration. 
 
 PAGE 
 
 " A,' 1 Table (district registries) 19 
 
 '' A " AND " 15," Forms so called : see FORMS. 
 
 ABSENCE, for 7 years, death presumed ..... 57 
 
 ACCOUNT, on personal application, Form of . . .89 
 
 see EXECUTOR'S OATH. 
 
 ACTION, none by executor before probate . .... 54 
 ADMINISTRATION, by widow, &c., where estate not over^ioo, 
 
 under 36 & 37 Viet. c. 52, and 38 & 39 Viet. c. 27 . 37, 38 
 cessate: nee CESSATE ADMINISTRATION. 
 </< bom's non : see De bom's non. 
 
 denned xii 
 
 details as to registries, personal, &c., applications, extent 
 
 of grant, &c 33 
 
 dura ute absentia: see Dur ante Absentia, 
 din-ante minor/fate : see Din-ante Minoritate. 
 
 exemptions from 33 
 
 grant of, operates as appointment of administrator . . 33 
 granted only by Probate Division ..... 33 
 
 how 33 
 
 in common form, denned ....... 14 
 
 in solemn form, denned . 14 
 
 not treated in thic work ...... 14 
 
 law of, as affected by domicile ...... 57 
 
 letters of, defined xii 
 
 limited or special: see LIMITED OR SPECIAL ADMINISTRA- 
 TION. 
 
 none, unless property in England 33 
 
 pendente. lite -. see Pendente Lite. 
 
 pcr.ion entitled to, cannot act before grant . . 54, 55 
 
 preliminary ... 32
 
 108 INDEX. 
 
 ADMINISTRATION continued. 
 
 provisions as to copies, &c 37 
 
 regulations as to identity, inquiries, Ac 34 
 
 renunciation of : see RENUNCIATION. 
 
 right of, no partiality as to sex generally), lilocxl. A-e. . 45 
 
 rules as to > -43 
 
 see Wire; NEXT-OF-KIN, Ac. 
 
 rights before 54 
 
 "save and except": see "PROPERTY." 
 
 special rules when grant under 20 & 21 Viet. c. 77, s. 73 48-50 
 see ADMINISTRATOR. 
 
 when 38 
 
 when will lost : see WILL. 
 
 where 33 
 
 where estate not over ^300, under 44 Viet. c. 12, ss. 33-36 37 
 
 with will annexed, granted where no executor who acts . 13 
 
 may be granted (apparently) when will lost . . 54 
 
 word sometimes used for letters of administration . . xii 
 
 ADMINISTRATION BOND, by guarantee society .... 34 
 
 Forms of -. 7*^74 
 
 generally in double value 36 
 
 husband need not join in 34 
 
 in cc?sate administration : see CEHSATE ADMINISTRATION. 
 
 " justifying " sureties, when required .... 36 
 
 may be more than one 36 
 
 meaning of " justify " 36 
 
 nature of 34-35 
 
 one surety snfficient, when 35 
 
 special rules when grant under 20 & 21 Viet. c. 77, s. 73 49, 50 
 sureties, generally resident in England .... 36 
 
 four or five, when 36 
 
 when dispensed with 35 
 
 who may attest . . 36. 37 
 
 ADMINISTRATOR, absconding: see REVOCATION. 
 
 appointed by Court ...'..... 33 
 
 defined xi 
 
 husband's: see HUSBAND. 
 
 if husband, wife, or relation, how described 61 
 
 must give bond 32, 34 
 
 must pay probate duty -37 
 
 none according to the tenor 48 
 
 by nomination 48 
 
 by substitution 48 
 
 by succession or transmission 48 
 
 i/i- .ion tort ...... * . . 48 
 
 of residuary legatee : see LEGATEE. 
 
 or person entitled, citation to accept or refuse ... 50 
 
 renouncing : *n- RENI NCIATION. 
 
 ordinary, appointtd where no valid will . . . 32,33 
 under 20 & 21 Viet. c. 77, s. 73 48-5
 
 INDEX. 109 
 
 ADMINISTRATOR continiu'd. 
 
 under 20 & 21 Viet. c. 77, s. 73 cuttlittueil. 
 
 appointed ou what evidence . . . . -49 
 
 next-of-kin not appointed instead of wife ... 49 
 110 ijencral grant during minority .... 49 
 
 special rules as to oath, &c. ..... 49, 50 
 
 stranger appointed with next-of-kiu . . . .49 
 
 not appointed with wife . .... 49 
 
 who shall be ? ..... . . -43 
 
 with will annexed, appointed where no executor who acts . 13 
 must act under will ....... 32 
 
 word how used in this work . . . . . 13, 14 
 
 ADMINISTRATOR'S OATH, differs from executor's, how . 33, 34 
 Forms of ........ 67, 68, 104, 105 
 
 in administrations of a " special character," recitals of . 34 
 
 special rules when grant under 20 & 21 A'iet. c. 77, s. 73 49, 50 
 
 ADVOWSON, real property ....... 78 
 
 AFFIDAVIT, defined ........ . xii 
 
 for Commissioners of Inland Revenue . . . 25, 26, 34 
 forms provided by Commissioners .... 27 
 
 nature of ........ 25, 26 
 
 no probate without ....... 27 
 
 required for assessment of probate duty . . 25, 26 
 what deductions allowed ..... 26, 27 
 
 of '' fixed place of abode," only on original grant . . 18 
 when none, or defective . . . . . .18 
 
 see EXECUTOR'S OATH ; REGISTRIES; REGISTRY. 
 of statements, when will lost : see WILL. 
 rules as to .......... 57 
 
 see ADMINISTRATOR'S OATH ; EXECUTOR'S OATH. 
 AFFIRMATION, commencement of: see COMMENCEMENT. 
 
 see OATH ; OATHS AND AFFIRMATIONS. 
 AMBASSADORS (and envoys, Ministers, &c.), functions as to 
 
 oaths, &c .......... 56 
 
 ANIMALS, domestic and wild, personal property . . 77, 78 
 ANNUITANT, residuary legatee preferred to . . .46 
 
 ANNUITIES, certain kinds of, personal property ... 78 
 APPENDIX, A. (personal property) ...... 77 
 
 B. (Divisions of Counties ; List of Places for Applications 
 under 44 Viet. c. 12, ss. 33-36) ..... 79 
 
 C. (Rules as to Personal Applications) .... 86 
 
 D. (Additional Forms) . ...... 100 
 
 APPLICATIONS : see PERSONAL APPLICATIONS. 
 
 under 44 Viet. c. 12, ss. 33 -36, places for : see PLACES. 
 APPRENTICES : see SEAMEN. 
 ATTORNEY, grant to ......... 53 
 
 does not interrupt succession or transmission . . 40 
 renunciation of administration by ..... 51 
 
 probate by ......... 43 
 
 AUNTS, place as to right of administration .... 44
 
 110 INDEX. 
 
 " B.," Table (probate duty) 29 
 
 BANKRUPTCY, husband's trustee in : see HUSBAND. 
 BANKS : see SAVINGS BANKS. 
 
 BOND, haa no title 63 
 
 see ADMINISTRATION BOND. 
 
 BONDS, personal property 78 
 
 BOOK : see COPYRIGHT. 
 
 BRITISH SHIPS, personal property 77 
 
 probate duty payable on 28 
 
 BRITISH SUBJECTS, special provisions a- to domicile . . 58 
 BROTHERS, place as to right of administration .... 44 
 BUILDING MATERIALS, personal property, when ... 77 
 BUSINESS : see GOODWILL. 
 
 CARRIAGES, personal property 77 
 
 CASES,' viz. 
 
 Abbott r. Abbott 54 
 
 Abdy, Att.-Gen. r 16 
 
 Adamson 39 
 
 Atkinson r. Barnard 46 
 
 Att.-Gcn. r. Abdy 16 
 
 Att.-Gen. v. Partingtoii 27 
 
 Ayres 34 
 
 Badenach 42 
 
 Bailey 47 
 
 Bunkes, Smcthurst r. Tomliu :md 32 
 
 Barber 52 
 
 Barker 50 
 
 Barnard, Atkinson c. . . . . . . . 46 
 
 Bayard . . 40 
 
 Baylis 39 
 
 Beer 40 
 
 Beloe, Xewcombe r. . 48 
 
 Berry, Munday and, r. Slaughter . . . . -42 
 
 Bianchi 57 
 
 Biggs 50 
 
 Black v. Jobling 52 
 
 Blagrave .>. - -5 
 
 Blake 50 
 
 Blake, Doyle r . -42 
 
 Bloxam v. Favre 59 
 
 Bradbnry, John c. . ... . . . . -36 
 
 Brent, Watkins r 41 
 
 Brett, Nctter r 14, 15 
 
 Brooke v. Haymcs -42 
 
 Brown . . . .. . . . . -39 
 
 J Wherever a surname stands alone, the reader must supply the 
 words In the yoods of; thus, lor " Adauison," read In the yoods of 
 Adamson.
 
 INDEX. Ill 
 
 PAGE 
 
 CASES continued. 
 
 Brown, Tingrcy v 48 
 
 Browuing 49 
 
 Brownrigg v. Pike 14, 15 
 
 Butts 51 
 
 Campbell 36 
 
 Cannichael i\ Carmk'hacl 41 
 
 Clark, AVoollcy r 17 
 
 Clarke aud Clarke, Mordaimt r 42 
 
 Cleverly 35 
 
 Cleverly r. Gladdish 35 
 
 Colsoii, Dauipier and Dampier r. ..... 46 
 
 Couy, 1'emberton v . -39 
 
 Coode 15 
 
 C'oppiii v. Dillon 36 
 
 Cordeux r. Traster ........ 46 
 
 Corn well, Dimes i'. 47 
 
 Corser 43> 49 
 
 Couucell 45 
 
 Courthope, Gardiner v. 52 
 
 Covcll 55 
 
 Cringnn . 40 
 
 Crossley, Goldsworthy r 14 
 
 Cull r. Guillerraey 47 
 
 Dampier and Dainpier r. Colsou 46 
 
 Davis 51 
 
 De la Farque 35 
 
 Delacour 40, 43 
 
 Dcshais 57 
 
 Dillon, Coppiu r. ........ 36 
 
 Dimes v. Cornwell 47 
 
 Ditchfleld 46 
 
 Dormoy 57, 58 
 
 Douglas r. Forrest .42 
 
 Doyle v. Blake 42 
 
 Durham 16 
 
 Eceles ........... 50 
 
 Fail-land r. Tercy 47, 48 
 
 Farque : see De la Farque. 
 
 Favre, Bloxam r. 59 
 
 Fawcett -54 
 
 Fawkener and Freeuiantle r. Jordan ..... 46 
 
 Fell 50, 51 
 
 Ford, Iredale v .46 
 
 Forrest, Douglas r 42 
 
 Foster 41 
 
 Fowler v. Richards 40 
 
 Freemantle, Fawkener and, r. Jordan .... 46 
 
 Fry 39 
 
 Gardiner r. Courthope 52
 
 112 INDEX. 
 
 CASES coittiutivil. 
 
 
 Gardner . . . . . . 
 
 52 
 
 Ouyuor 
 
 . 40 
 
 Gent 
 
 . . 36 
 
 Gill 
 
 42. 47 
 
 Gill, Jack-sou and, /. 1'aulet .... 
 
 . 40 
 
 Gilliat r. Gilliat and llattiuld .... 
 
 I 5 
 
 Glad dish, Cleverly r 
 
 35 
 
 Goldsworthy r. Crossley 
 
 . 14 
 
 Graham 
 
 33 
 
 Grant /-. Leslie 
 
 39 
 
 Greville, Warwick r 
 
 . . 46 
 
 Griffin 
 
 . 40 
 
 G ruudy 
 
 49 
 
 Guillermcy, Cull r 
 
 47 
 
 Gunu 
 
 14, 28 
 
 Ilankey, Tat nail r 
 
 . 14 
 
 Harding 
 
 45 
 
 Harris 
 
 J 5 
 
 Harver 
 
 34 
 
 Harvcr v. Harver 
 
 34 
 
 Hatfleld, Gilliat r. Gilliat and . 
 
 15 
 
 Hawkiu r. Turner 
 
 55 
 
 Haymes, Brooke r 
 
 . 42 
 
 Herbert v. Sheill 
 
 - 36 
 
 Hett 
 
 32 
 
 Houston 
 
 36 
 
 Humphreys r. Ingledon 
 
 S4 
 
 Hurrell v. Hurrell 
 
 . . 48 
 
 Ingledon, Humphreys v 
 
 54 
 
 Iredale v. Ford 
 
 . . 46 
 
 Ivory ... . 
 
 55 
 
 Jackson and Gill r. 1'aulet 
 
 . 40 
 
 Jackson r. Jackson 
 
 35 
 
 Jobling, Black v. . . . . . , 
 
 52 
 
 John v. Bradbury . . . . . ' . 
 
 36 
 
 Johnson . 
 
 4L 5 
 
 Jordan 
 
 IS. 32 
 
 Jordan, Fawkener and Frcemantle r. 
 
 . . 46 
 
 Kcaue 
 
 50 
 
 Lambert . . 
 
 57 
 
 Leslie, Grant r 
 
 39 
 
 Lighten 
 
 . 41 
 
 Lorhncr ........ 
 
 . 40 
 
 Lowry 
 
 39 
 
 Lush . . . . 
 
 39 
 
 Manly 
 
 39 
 
 Matson /. Swift . . . ... 
 
 . . 17 
 
 Mercer r. Mori and 
 
 . . 46 
 
 Miustmll 
 
 . 50
 
 INDEX. 113 
 
 PAGK 
 
 CASES continued. 
 
 Morant 42 
 
 Mordaunt v. Clarke and Clarke ...... 42 
 
 Morland, Mercer v 46 
 
 Morris .... 35- 45. 55 
 
 Munday and Berry i'. Slaughter 42 
 
 Murguia . 40, 41 
 
 Napier 55 
 
 Nares -43 
 
 Netter v. Brett 14, 15 
 
 Newcombe r. Beloe . 48 
 
 Noddings .40 
 
 Noel . 35, 36 
 
 Oliphant 13, 46 
 
 Partington, Att.-Gen. v 27 
 
 Partridge's case ......... 14 
 
 I'aulet, Jackson and Gill r. 40 
 
 Faxon 36 
 
 I'cck 45 
 
 Pemberton v. Cony 39 
 
 Percy, Fairland v 47, 48 
 
 Perry 40, 42 
 
 Phipps, Tucker v. 14 
 
 Pike, Brownrigg v 14, 15 
 
 Pinney v. Pinney 15 
 
 Foyer 46, 47 
 
 Priestman r. Thomas 17, 56 
 
 Probart 58 
 
 Read's case 41 
 
 Richards, Fowler r. 40 
 
 Rosser 51 
 
 Rowsell, In re . . 16 
 
 Ryder . .40 
 
 Sheill, Herbert v. 36 
 
 Slaughter, Munday and Berry r. ..... 42 
 
 Smethurst r. Tomlin and Bankes 32 
 
 Smith .......... 47, 49 
 
 Smith, West and, r. Willby 47 
 
 Sqnib v. Wyn 45 
 
 Swift, Matson v. . . . 17 
 
 Tatnall v. Hankey ...... 14 
 
 Thomas, Priestman v 17, 56 
 
 Thrippleton ....... 52 
 
 Tingrey v. Brown ... .... .48 
 
 Tomlin and Bankes, Smethurst * 32 
 
 Tomlinson ..... ... 15 
 
 Trail, Twyford v .40 
 
 Traster, Cordeux r .46 
 
 Tucker - 33 
 
 Tucker r. Fhipps 14 
 
 H
 
 114 INDEX. 
 
 PAGE 
 
 CASES continued. 
 
 Turner 45, 52 
 
 Turner, Hawkin r. . 55 
 
 Twyford r. Trail 40 
 
 Uzuaga 36 
 
 Wankford r. Wankfortl 54 55 
 
 Warwick r. Greville 46 
 
 Watkins r. Brent 41 
 
 Watson 48 
 
 West aud Smith r. Willby 47 
 
 Wetdrill r. Wright 46 
 
 Wilkins, Williams v. . . 46 
 
 Willby, West and Smith r. .... 47 
 
 Williams .... 50 
 
 .Williams r. Wilkins 46 
 
 Woolley r. Clark . -17 
 
 Wright, Wetdrill r 46 
 
 .Wyn, Squib r 45 
 
 CATTLE, personal property 77 
 
 CERTIFICATE, proof of foreign law 58 
 
 CEBSATE ADMINISTRATION, bond may be double of remaining 
 
 property 54 
 
 limited or special 54 
 
 similar to cessate probate 54 
 
 CESSATE PBOBATE, instances shewing meaning of expression . 52 
 
 limited or special 52 
 
 CHILDREN, place as to right of administration .... 43 
 
 CINQUE PORTS, general list of 20 
 
 in Kent, list of 21 
 
 in Sussex, list of 23 
 
 CITATION, denned xii 
 
 see ADMINISTRATOR, EXECUTOR 
 
 Civil. SERVANTS, superannuated, exemption from probate . 16 
 
 CLOTHES, personal property . -77 
 
 CODICIL, defined xi 
 
 statements as to will apply to 13 
 
 to lost or revoked will : see WILL. 
 COLONY: sec DOMICILE. 
 
 COMMENCEMENT, of oath or affirmation, Form of . -63 
 
 COMMISSIONER FOR OATHS, cannot act if interested . . 57 
 
 if solicitor, Ac., to a party . . . - . . -57 
 
 functions as to oaths, &c. ....... 56 
 
 CONSENT TO GRANT, Form of . . . -. . . .69 
 
 CONTENTS, Table of ix 
 
 CONVICTION FOR FELONY, not a cause of incompetence . . 32 
 COPY, of lost will : see WILL. 
 
 ol will : see WILL. 
 
 COPYRIGHT, personal property . . . . ..,.'. 78 
 
 COSTS : see FEES AND COSTS. 
 
 COUNTIES, cities and towns which are, districts to be the same . 24
 
 INDEX. 115 
 
 PAGE 
 
 COUNTIES continued. 
 
 cities and towns which arc continued. 
 
 list of 24 
 
 divisions of, full description 79 
 
 are those of 2 & 3 Will. IV. c. 64 . . . . 19, &c. 
 CREDITOR, appointed guardian, when . . . . -45 
 
 husband, who is also : see RENUNCIATION. 
 
 may have grant if no one else to take it . . -47 
 
 of business, may have grant, when 47 
 
 preferred to next-of-kin without any interest ... 47 
 CUSTOMS ANNUITY AND BENEVOLENT FUND, description of 16, 17 
 
 exemption from probate . . . . . . .16 
 
 De bonis non, administration, described 53 
 
 limited or special 53 
 
 may be granted pendente lite 54 
 
 De son tort, administrator caunot be .48 
 
 executor : see EXECUTOR. 
 
 DEATH, presumed after 7 years' absence 57 
 
 DEBTS, personal property -78 
 
 DEEDS, personal property 78 
 
 DESCENDANTS, ''remoter," place as to right of administration . 44 
 
 DESCRIPTION, of particular relations, &c 60, 61 
 
 of persons 60-62 
 
 of places 61, 62 
 
 " DIRECTIONS," as to preparation of Forms .... 60 
 
 DISTRICT : see REGISTRIES. 
 
 DIVISIONS OF COUNTIES : see COUNTIES. 
 
 DOCUMENTS, personal property 78 
 
 referred to in will, must be proved . . . . .16 
 
 DOMESTIC ANIMALS : see ANIMALS. 
 
 DOMICILE, colonial, grant in case of 58 
 
 defined 57 
 
 foreign, grant in case of 57 
 
 law of, how proved ... . . ... 58 
 
 see FOREIGN DOMICILE. 
 of British subjects, special provisions 58 
 
 DOUBLE PROBATE, defined 31 
 
 DRAFT, of lost will : see WILL. 
 
 Dui-ante Absentia, administration, described S3 
 limited or special 53 
 
 Durante Minoritate, administration, described .... 53 
 limited or special 53 
 
 ENGLAND, administration not granted in, unless property in . 33 
 includes Wales . . . . . . . 14, 17, 19 
 
 oaths and affirmations in 56 
 
 out of .......... 56 
 
 probate of will of personal property in ... 14, 15 
 Scotland, &c., grants how extended : see GRANT.
 
 1 6 INDEX. 
 
 PACK 
 
 ESTATE, or estate and effects, defined xii 
 
 ESTATE AND EFFECTS, the expression means personal proi>erty 26 
 
 EXECUTOR, according to the tenor, how constituted . 39 
 
 may be executor by succession or transmission ... 40 
 
 takes out probate 39 
 
 appointed by testator . . . . . . . .17 
 
 by nomination, bow constituted 39? 40 
 
 takes out probate .40 
 
 by substitution, how constituted 41 
 
 prevents succession or transmission .... 41 
 
 takes out probate 41 
 
 by succession or transmission, cannot be if executor by sub- 
 stitution 41 
 
 cannot (probably) prove first will and renounce second 42, 43 
 
 cannot renounce first will and prove second . . 42 
 
 docs not prove first will 40 
 
 grant to attorney does not interrupt chain ... 40 
 
 how constituted 40 
 
 may be executor according to the tenor ... 40 
 
 of survivor of proving executors .... 40 
 
 cannot bring action before probate 54 
 
 citation to act or refuse 42 
 
 clothed with full character, when 28 
 
 consequences of not proving 15, 16 
 
 i!f son tort, how a man becomes 41 
 
 ' liabilities, &c., of 41 
 
 defined xi 
 
 effect of probate on 17 
 
 husband's : see HUSBAND. 
 
 if near relation, how described 60 
 
 may apply personally, or by solicitor 24 
 
 may renounce . . . ... . . . i v 4 2 
 
 must pay probate duty ....... 27 
 
 of residuary legatee : see LEGATEE. 
 
 persons dealing with, protected by probate . . . . 18 
 
 probate copy given to 27 
 
 renouncing : see RENUNCIATION. 
 
 rights before probate 54 
 
 sole, called " the sole executor " 61 
 
 who shall be 39 
 
 will merely appointing, probate of 15 
 
 word how used in this work 13, 14 
 
 see EXECUTORS ; EXECUTOR'S OATH ; No EXECUTOR, 
 
 SEVERAL EXECUTORS. 
 EXECUTORS (or executors and executrixes), called " the 
 
 executors "......... 61 
 
 gee EXECUTOR, 
 
 EXECUTOR'S OATH, accompanied by account .... 24 
 
 affidavit as to " fixed placed of abode" incorporated in . 25 
 
 filed in registry 25
 
 INDEX. 117 
 
 PAGE 
 
 EXECUTOR'S OATH continued. 
 
 Forms of . 63-66, 75, 100-102 
 
 " marked " for identification 25 
 
 necessary in all registries ..... . . 24 
 
 solemn affirmation in lieu of : see OATH. 
 
 subscribed (i.e., signed) 25 
 
 sworn as an affidavit 25 
 
 EXECUTRIX, sole, called "the sole executrix" 61 
 
 EXECUTRIXES (if no executors), called " the executrixes " . 61 
 EXEMPTIONS, from probate and administration ... 16, 33 
 
 FATHER, guardian appointed by : see GUARDIAN. 
 
 place as to right of administration 44 
 
 FEES, " additional," on personal applications, scale of .90 
 
 FEES AND COSTS ......... 59 
 
 two sets of payments 59 
 
 FELONY: see CONVICTION FOR FELONY. 
 FEME COVERT : see MARRIED WOMAN. 
 "FIXED PLACE OF ABODE": see AFFIDAVIT; REGISTRIES; 
 
 REGISTRY. 
 
 FIXTURES, unless attached to soil, personal proparty . . . 78 
 FOREIGN DOMICILE, &c. ........ 57 
 
 FOREIGN LAW ; see DOMICILE. 
 
 FORMS 60 
 
 " A " and " B " (all registries), remarks on . . . -75 
 adaptation to district registries ...... 74 
 
 all registries, remarks on ..... 75 
 
 " Directions " as to 60 
 
 district registries, adap'ation to . . . . . -74 
 husband, wife, and various relations, how described . 60, 61 
 
 of account, ou personal application 89 
 
 of administration bond, de bonis non ..... 74 
 
 ordinary 71 
 
 will annexed ........ 73 
 
 of administrator's oath, de bonis non .... .68 
 
 attorney guardian 103, 105 
 
 uext-of-kin ......... 67 
 
 pendente lite 105 
 
 under 20 & 21 Viet. c. 77, s. 73 104 
 
 wife .......... 67 
 
 will annexed ........ 68 
 
 of affidavit for Commissioners of Inland Revenue : see 
 
 AFFIDAVIT. 
 
 of commencement of oath or solemn affirmation ... 63 
 of consent to grant . . ... . .69 
 
 of executor's oath, double probate 64 
 
 cessate .......... 102 
 
 ordinary ........ 63, 75 
 
 on proving copy . 100
 
 Il8 INDEX. 
 
 FORMS continued. 
 
 of. executor's oath continued. 
 
 probate under 21 & 22 Viet. c. 56 . . . .66 
 
 property " not covered " 65 
 
 " save and except "...... 101 
 
 specified (in funds) 101 
 
 of jurat (or form in lieu of) 63 
 
 of power of attorney 104 
 
 of renunciation of administration 70 
 
 will annexed 71 
 
 of probate 70 
 
 of title of oath or other instrument 63 
 
 points to be borne in mind in preparing .... 60 
 
 preliminary remarks to persons preparing- .... 60 
 
 principal registry . 63 
 
 what relations to be described as " father," &c. ... 60 
 
 FRAUD, attempted, not a cause of incompetence ... 32 
 FUNERAL EXPENSES, person who has paid, may have grant 47, 48 
 
 FURNITURE, personal property 77 
 
 GOODWILL, personal property 78 
 
 GRANDCHILDREN, place as to right of administration . . 43 
 
 GRANDFATHERS, place as to right of administration . . 44 
 
 GRANDMOTHERS, place as to right of administration . . 44 
 GRANT, consent to : see CONSENT TO GRANT. 
 
 English, how made operative in Ireland .... 58 
 
 or Irish, how made operative in Scotland ... 58 
 revocation of: see REVOCATION. 
 
 Scotch or Irish, how made operative in England . . 58 
 
 to attorney 53 
 
 form of power 104 
 
 see ADMINISTRATION ; ATTORNEY ; PROBATE. 
 GREAT-GRANDFATHERS, probable place as to right of admini- 
 stration 44 
 
 GREAT-GRANDMOTHERS, probable place as to right of admini- 
 stration ... 44 
 
 GUARDIAN, appointed by father, preferred to elected . 44, 45 
 
 creditor appointed, when 45 
 
 grant, when next-of-kin minors 44, 53 
 
 may be appointed by Court 45 
 
 may now be appointed by mother 45 
 
 of minor residuary legatee, may have grant ... 46 
 
 GUARDIANS, will merely appointing 15 
 
 HEIRLOOMS, personal property 78 
 
 HIGH COURT OF JUSTICE: see PROBATE DIVISION. 
 
 HORSES, personal property . . ._.'. . -77 
 
 HUSBAND, divorced, probably cannot have grant ... 45 
 
 how described : see FORMS. 
 
 place as to right of administration 45
 
 INDEX* 
 
 II L SB AN D continued. 
 
 right passes to executor or administrator ... -45 
 
 not to trustee in bankruptcy ...... 45 
 
 when also creditor : see RENUNCIATION. 
 
 IDENTITY, " further " proof of : see REGISTRARS. 
 
 IDIOCY, a cause of incompetence ...... 32 
 
 INCOMPETENCE, causes of . .. ..... 32 
 
 INDUSTRIAL AND PROVIDENT SOCIETIES, exemption from 
 
 probate .......... 17 
 
 INFANCY, a cause of incompetence ...... 32 
 
 INLAND REVENUE, affidavit for Commissioners of : see AFFI- 
 
 DAVIT. 
 
 officers of, functions where estate not over ^300 . . 30 
 INQUIRIES, by registrars : see REGISTRARS. 
 INSTRUMENT, title of : see TITLE. 
 
 INSTRUMENTS, surgical, &c., personal property .... 77 
 
 INSURANCE : see POLICIES- 
 
 INTESTATE, defined ......... xi 
 
 IRELAND, Scotland, &c., grants, how extended: see GRANT. 
 
 JEWELS, personal property ....... 77 
 
 JURAT, defined ....... 63 
 
 or form in lieu, Form of ....... 63 
 
 LAND, for life of another, &c., real property . . . 77, 78 
 
 LEASES, for fixed periods, personal property .... 78 
 
 LEGACIES, '' out of real estate" : see WILL. 
 
 LEGATEE, defined ......... xi 
 
 ordinary, may have grant, when ...... 48 
 
 residuary legatee preferred to ..... 46 
 
 residuary, administrator of, may have grant ... 46 
 
 defined .......... xi 
 
 executor of, may have grant . . . 46 
 
 guardian of, may have grant ..... 46 
 
 in remainder, may have grant . . . . .46 
 
 in trust, doubtful right to grant ..... 47 
 
 no grant in particular case ..... 47 
 
 preferred to next-of-kin ...... 46 
 
 to other legatees and annuitants .... 46 
 
 to wife, whether ...... -47 
 
 universal, preferred to next-of-kin ..... 46 
 
 see LEGATEES. 
 
 LEGATEES, ''one of the principal," may have grant ... 48 
 
 see LEGATEE. 
 
 LETTERS OF ADMINISTRATION : see ADMINISTRATION. 
 
 LIMITED OR SPECIAL ADMINISTRATION ..... 52 
 
 grants under 20 & 21 Viet. c. 77, 8. 73, treated separately . 52 
 
 instances of . ......... 53 
 
 special rules as to ....... 5 2 > 53
 
 126 INDEX. 
 
 RIM 
 
 LIMITED OB SPECIAL PROBATE . . .-*'. -51 
 
 instances oi 51, 52 
 
 probate of married woman's will is not .... 51 
 
 LOCOMOTIVES, personal property 77 
 
 LL N AC Y, a causj of incompetence 32 
 
 MARINE, exempt from probate duty, when .... 28 
 
 MARRIED WOMAN, probate of will 14, 15 
 
 not limited or special 51 
 
 MERCHANT SEAMEN : see SEAMEN. 
 
 MINERALS, personal property, when 77 
 
 MINISTER, foreign, function as to proof of law ... 58 
 MINOR : see GUARDIAN. 
 MINORITY : ee GUARDIAN. 
 
 MONEY, personal property 77 
 
 " MOKE DISTANT " .RELATIONS : see RELATIONS. 
 
 MOTHER, may now appoint guardian 45 
 
 place as to right of administration 44 
 
 NEPHEWS, place as to right of administration .... 44 
 
 NEW RIVER COMPANY, shares in: see SHARES. 
 
 NEXT-OF-KIN, Court may appoint all, some, or one . . 43, 45 
 
 for purpose of administration, not always nearest relations . 44 
 not always same as for descent . . . . -44 
 
 if one or more appointed, others must have notice . . 46 
 
 in practice, various causes of preference .... 46 
 minors : see GUARDIAN. 
 
 residuary legatee preferred to 46 
 
 universal legatee preferred to 46 
 
 wife, equal to, under Act 43 
 
 preferred to in practice 43 
 
 see DESCENDANTS ; RELATIONS. 
 
 NEXT PRESENTATIONS, personal property .... 78 
 
 NIECES, place as to right of administration .... 44 
 
 No EXECUTOR 32 
 
 administration with will annexed when .... 32 
 
 probate not granted when ....... 32 
 
 NOMINATION, executor by : see EXECUTOR. 
 
 no administrator by ..... . 48 
 
 " NOT COVERED " : see PROPERTY. 
 
 NOTICE, to other next-of-kin when one or more appointed . 46 
 
 OATH, before foreign authority, English form not necessary . 57 
 commencement of: see COMMENCEMENT. 
 or other instrument, title of : see TITLE. 
 
 solemn affirmation in lieu of, when 25 
 
 see ADMINISTRATOR'S OATH ; AFFIDAVIT ; EXECUTOR'S 
 
 OATH ; OATHS AND AFFIRMATIONS. 
 
 OATHS AND AFFIRMATIONS, before whom .... 56
 
 INDEX. 121 
 
 OATHS AND AFFIRMATIONS continued. 
 
 see AMBASSADORS ; COMMISSIONER FOR OATHS. 
 
 OFFICERS, &c. (Army, Navy, &c.), exemptions from probate . 16 
 
 ORNAMENTS, personal property -77 
 
 PENDENTE LITE, administration, described S3 
 
 like ordinary administration, with one exception . . 53 
 
 limited or special 53 
 
 may be granted de bonis non 54 
 
 administrator, cannot distribute residue . 53 
 
 subject to control of Court . . . . -54 
 
 PERSONAL APPLICATIONS, department for, at Somerset House . 86 
 
 Form of account 89 
 
 Knles as to (all registries) 86 
 
 scale of additional fees 90 
 
 PERSONAL PROPERTY, defined xi 
 
 no probate, where none in England 15 
 
 principal kinds of ........ 77 
 
 PERSONS, how described 60-62 
 
 PLACES, for applications under 44 Viet. c. 12, ss. 33-36, list 
 
 of 81 
 
 how described ......... 62 
 
 PLACES OF DISTRICT REGISTRIES, list of (in capitals) . . 81 
 
 see REGISTRIES. 
 POLICIES, personal property . . . . . . -78 
 
 POST OFFICE : see SAVINGS BANKS. 
 POWER : see WILL. 
 
 PREFACE v 
 
 PRELIMINARY REMARKS 13 
 
 to persons preparing forms 60 
 
 PRESENTATIONS : see NEXT PRESENTATIONS. 
 PROBATE, cessate : see CESSATE PROBATE. 
 
 defined xi 
 
 double : see DOUBLE PROBATE. 
 
 effect of, on will and executor 17 
 
 executor according to the tenor takes out .... 39 
 
 by nomination or substitution takes out . . 40, 41 
 
 or his solicitor may apply for 24 
 
 exemptions from 16 
 
 extends to whole of England and Wales ... .18 
 
 grant of, annexed to probate copy 28 
 
 granted only by Probate Division ..... 17 
 
 how 24 
 
 in common form, defined 14 
 
 in solemn form, defined 14 
 
 not treated 14 
 
 law of, as affected by domicile ...... 57 
 
 limited or special : see LIMITED OR SPECIAL PROBATE. 
 
 may (probably) be renounced by attorney .... 43
 
 122 INDEX. 
 
 PACK 
 
 I'HOBATE continued. 
 
 none of first will, on succession or transmission ... 40 
 of documents referred to in will . . . . . .16 
 
 of what wills 14 
 
 of will of personal property in England . . . 14,15 
 
 of real property, when 14 
 
 or " probate copy," given to executor .... 27 
 
 penalties in case of delay . 31 
 
 protects persons dealing with executor . . . .18 
 renunciation of (i.e., by executor) : see RENUNCIATION. 
 
 rights before 54 
 
 when ........... 30 
 
 where 17 
 
 where estate does not exceed ^300 (under 44 Viet. c. 12, 
 
 33-3 6 ) 3 
 
 word not applicable if no executor 13 
 
 PROBATE DIVISION, alone grants administration 33 
 
 probate 17 
 
 alone revokes grant 55, 56 
 
 PROBATE DUTIES, several, if several devolutions ... 27 
 see PROBATE DUTY. 
 
 PROBATE DLTT, exemptions from 28 
 
 new duty (over ^10.000) called "estate duty" ... 29 
 
 on I'.ritish ship 28 
 
 paid by executor or administrator .... 27, 37 
 
 payable on real property, when 28 
 
 smaller payment (under 44 Viet. c. 12, ss. 33-36) . . 30 
 
 Table 11. , rates of 29 
 
 see AFFIDAVIT ; PROBATE DUTIES. 
 
 PROPERTY, not covered, probate limited or special ... 52 
 
 no administration where none in England 33 
 
 " save and except," probate, &c., limited or special . 52, 54 
 
 specified, probate limited or special . . . . ' . 52 
 
 see PERSONAL PROPERTY ; REAL PROPERTY. 
 
 PROVE, word not applicable where no executor ... 13 
 
 KEAL PROPERTY, defined ........ xi 
 
 probate duty on, when 28 
 
 will of 14, 15 
 
 REGISTRARS, may institute inquiries . , . . 25 
 
 mntj require " further" proof of identity .... 25 
 REGRISTRIES, all, Forms " A " and " B " : see FORMS. 
 
 district, adaptation of Forms to 74 
 
 affidavit of "fixed place of abode" in . . . 18,25 
 certain counties, <tc., not in any district . . 18, 19 
 
 forty in number 17 
 
 Table A., Counties, &c., in Districts, and " 1 Lices of 
 District Registries " . . . . . -19 
 
 see REGISTRY. 
 REGISTRY, inspection, &c., of will in 28
 
 INDEX. 123 
 
 PAGE 
 
 REGISTRY continued. 
 
 principal, affidavit of "fixed place of abode" not required 
 
 in 18, 25 
 
 at Somerset House . . . . . . 17, 18 
 
 Forms in . -63 
 
 has no district 18 
 
 second, &c., application made to same 18 
 
 will preserved in 28 
 
 see REGISTRIES. 
 
 RELATIONS, described in Form?, liow .... 60, &c. 
 
 '' more distant," degrees how counted ..... 44 
 
 places as to right of administration .... 44 
 
 nearest, not always next-of-kin -44 
 
 '' REMOTER " DESCENDANTS : see DESCENDANTS. 
 
 RENTS, for fixed periods, personal property .... 78 
 
 RENUNCIATION, of administration ...... 50 
 
 Forms of 70, 71 
 
 in case of, Court appoints whom it pleases ... 50 
 instances of grants made on ..... 50 
 
 may be by attorney . . . . . . .51 
 
 position of husband who is also creditor ... 50 
 revocable at Court's discretion ..... 50 
 
 right not lost by intermeddling 51 
 
 of probate . 42 
 
 Form of 70 
 
 in case of succession or transmission . . . 42, 43 
 
 may be by attorney, whether 43 
 
 none after intermeddling .42 
 
 not revocable after filing 42 
 
 revocable till filed 42 
 
 takes effect from day of making 42 
 
 RESIDUARY LEGATEE: see LEGATEE. 
 
 RESIDUE, administrator pendente lite cannot distribute . . 53 
 
 REVOCATION, of grant 55 
 
 by Probate Division only 55, 56 
 
 grant in force until . ....... 55 
 
 if administrator absconds 55 
 
 if grant imperfectly made 55 
 
 RIGHTS BEFORE PROBATE OR ADMINISTRATION . . -54 
 
 RULES, as to right of administration .... 43, &o. 
 
 of principal registry and district registries, how referred to vii 
 
 " SAVE AND EXCEPT " : see PROPERTY. 
 
 SAVINGS BANKS, ordinary, exemptions from probate . . 17 
 
 Post Office, exemption from probate 17 
 
 SCOTLAND, Ireland, &c., grants how extended : see GRANT. 
 SKAMEN, exempt from probate duty, when .... 28 
 
 merchant (and apprentices), exemption from probate . 16 
 
 SEPARATE USE : see WILT- 
 SEVERAL EXECUTORS ........ 31
 
 124 INDEX. 
 
 SEVERAL EXECUTORS continn< /. 
 
 if tome prove, power reserved for others .... 31 
 
 may prove together 31 
 
 some of, may prove, when 31 
 
 SHAKKS, " New," in New Kiver Company, personal properly . 78 
 original, in New Kiver Company, real property ... 78 
 tee STOCKS AND SHARES. 
 
 SHIPS : see BRITISH SHIPS. 
 
 SISTERS, place as to right of administration .... 44 
 
 SOCIETIES: see INDUSTRIAL AND PROVIDENT SOCIETIES. 
 
 SOLDIERS, exempt from probate duty, when .... 28 
 see OFFICERS, &c. 
 
 SOLEMN AFFIRMATION : see OATH. 
 
 SOLICITOR, executor may apply for probate by ... 24 
 
 SPECIAL ADMINISTRATION : see LIMITED OR SPECIAL ADMINI- 
 STRATION. 
 
 SPECIAL PROBATE : see LIMITED OB SPECIAL PROBATE. 
 
 STATEMENTS, in affidavit when will lost : see WILL. 
 
 STATUTES, viz. 
 
 21 Hen. 8, c. 5, s. 2 (or 3) 43 
 
 29 Car. 2, c. 3, a. 25 45 
 
 1 .live. 2, c. 17, 8. 5 45 
 
 38 Geo. III. c. 87, s. i 53 
 
 88. 6,7 . . . . ... . .53 
 
 55600.111.0.184,8.37 16,31 
 
 8. 38 26, 27 
 
 8. 45 27 
 
 sched. pt. 3 28 
 
 56 Goo. III. c. Ixxiii 16 
 
 it Geo. IV. & i Will. IV. c. 41, s. 5 16 
 
 2 & 3 Will. IV. c. 53, s. 25 16 
 
 s. 26 16 
 
 c. 64 10-24 
 
 88. 7, IO, 14, l8, 2O, 22 . -79 
 
 7 Will. IV. & i Viet c. 26, s. 6 77 
 
 8 -33 45 
 
 5 & 6 Viet. c. 45, s. 25 78 
 
 17 & 18 Viet. c. 104, s. 199 16 
 
 s. 200 16 
 
 c. 113 . . . . . . . .26 
 
 19 & 20 Viet. c. 41, s. 5 . . . . . . .16 
 
 20 & 21 Viet. c. 77, s. 4 . . . . . . 17, 56 
 
 s- 13 17 
 
 s. 46 18 
 
 s. 59 18 
 
 s. 66 28, 37 
 
 s. 69 28, 37 
 
 s-70 53. 54 
 
 s-73 49 
 
 s-74 53
 
 INDEX. 
 
 125 
 
 
 PAGE 
 
 STATUTES continued. 
 
 
 20 & 21 Viet. e. 77, s. 79 . 
 
 40, 42 
 
 s. 81 . 
 s. 82 . 
 
 : : : : $ 
 
 sched. A. 
 
 19-24 
 
 c. 79, s. 94 . 
 
 . 58 
 
 s. 95 . 
 
 58 
 
 21 & 22 Viet. C. 56, S. 12 
 
 s. 14 . 
 
 . . 58 
 
 8. 15 . 
 
 58 
 
 c. 95, s. 16 . 
 
 . 42 
 
 s. 18 . 
 
 S3 
 
 S. 20 . 
 
 . 18 
 
 S. 22 . 
 
 53 
 
 s. 29 
 
 58 
 
 22 & 23 Viet. c. 31, s. 25 . 
 
 58 
 
 
 
 S. 2 . 
 
 59 
 
 s. 3 . 
 
 59 
 
 26 & 27 Viet c. 57, s. 3 
 
 . 16 
 
 27 & 28 Viet. c. 36, s. 3 
 
 . 16 
 
 c. 56, s. 4 . 
 
 . 28 
 
 28 & 29 Viet. c. 72, s. 5 . 
 
 . 16 
 
 c. 104, s. 57 . 
 
 31 
 
 c. in, s. 6 . 
 
 . 16 
 
 31 & 32 Viet. c. 124, s. 7 . 
 
 . 27 
 
 34 & 35 Viet. c. 103, s. 18 . 
 
 . 17 
 
 36 & 37 Viet. c. 52, s. 7 . 
 
 . . . 38,56 
 
 c. 66, s. 31, &c. 
 
 34 
 
 s. 34 . . . 
 
 . 17 
 
 g. 77 . 
 
 56 
 
 s. 82 . 
 
 . . . . 56 
 
 s. 84 . 
 
 . . . . 56 
 
 38 & 39 Viet. c. 27 . 
 
 38,56 
 
 43 Viet. c. 14, s. 10 . 
 
 . 26 
 
 44 Viet. c. 12 
 
 . 29 
 
 s. 27, &c. 
 
 37 
 
 s. 28 . 
 
 26, 27 
 
 s. 29 . 
 
 . 27 
 
 8. 30 
 
 . 27 
 
 ss. 33-36 . 
 
 . 30, 56, 81 
 
 8. 40 . 
 
 31 
 
 49 & 50 Viet. c. 27, s. 3 
 
 45 
 
 50 & 51 Viet. c. 67, s. 8 
 
 . 16 
 
 51 & 52 Viet. c. 46, s. i 
 
 . 25 
 
 52 Viet. c. 7 
 
 . 29 
 
 C. 10, 8. I (2) . 
 
 56 
 
 S. 2 
 
 56 
 
 8. 3 (I) 
 
 . . . . 56 
 
 8. 6 (I) . 
 
 56
 
 126 INDEX. 
 
 MM 
 STATUTES continued. 
 
 52 Viet. c. 10, s. 13 56 
 
 STOCKS AND SHARES (generally), personal property . . 78 
 SUBSTITUTION, executor by : see EXECUTOH. 
 
 no administrator by 48 
 
 SUCCESSION OR TRANSMISSION, executor by : see EXECUTOR. 
 
 no administrator by 48 
 
 SUPERANNUATED CIVIL SERVANTS : see CIVIL SERVANTS. 
 SURETIES, justifying, may be required in case of creditor of 
 
 business, &c. . . 48 
 
 see ADMINISTRATION BOND. 
 
 TABLE A. (district registries) 19 
 
 B. (probate duty) . . 29 
 
 of Contents ix 
 
 TENOR, executor according to : see EXECUTOR. 
 
 no administrator according to 48 
 
 TERMS IN COMMON USE xi 
 
 TESTATOR, defined xi 
 
 executor appointed by 17 
 
 TESTATRIX, defined xi 
 
 TIMBER, personal property, when 77 
 
 TITLE, bond has none 63 
 
 of oath or instrument, Form of 63 
 
 TRANSMISSION : see SUCCESSION OR TRANSMISSION. 
 
 TRUST FOR SEPARATE USE : see WILL. 
 
 TRUSTEE, in bankruptcy, husband's : see HUSBAND. 
 
 UNCLES, place as to right of administration .... 44 
 
 UNDERLEASES, personal property 78 
 
 UNDERTAKER, may have grant . . . . . . -47 
 
 UNIVERSAL LEGATEE : see LEGATEE. 
 
 VEGETABLES, personal property 78 
 
 WALES, included in England 14, 17, 19 
 
 WIFE, divorced, no right of administration .... 43 
 
 equal to next-of-kin under Act 43 
 
 how described : see FORMS. 
 
 place as to right of administration 43 
 
 preferred to next-of-kin 43 
 
 residuary legatee (probably) preferred to . . . 47 
 
 WILD ANIMALS : see ANIMALS. 
 
 WILL, copy of (or of part), may be obtained .... 28 
 
 defined xi 
 
 documents referred to must be proved . . . .16 
 
 effect of probate on 17 
 
 lost, administration with will annexed (apparently) . 52, 54 
 
 or revoked, probate of codicil, limited or special . . 52 
 
 probate of copy or draft, limited or special . . . 51
 
 INDEX. 127 
 
 WILL continued. 
 lost con tinned. 
 
 probate of statements in affidavit, limited or special . . 52 
 married woman's : see MARRIED WOMAN. 
 
 merely appointing executor ... . 15 
 
 appointing guardians 15 
 
 givii.g legacies "out of real estate" .... 14 
 
 no probate unless personal property in England . . 15 
 of British subject : see DOMICILE. 
 
 of property directed to be sold 14, 15 
 
 in trust for separate use 14 
 
 or copy of, may be inspected in registry .... 28 
 
 preserved in registry 28 
 
 probate (or " probate copy ") given to executor ... 27 
 
 statements as to, applicable to codicil 13 
 
 under power, probate of 14, 15 
 
 where personal properly abroad and in England . . 15 
 WILL ANNEXED : see ADMINISTRATOR- 
 WOMAN : see MARRIED WOMAN. 
 
 WORKS OF ART, personal property ... 77 
 
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