fubfcribed by witneffes, and fairly wrote (as it fhould be) in one hand-writing, without interlineations or alterations, or as few as poffible of which, and as a few may fometimes almoft unavoidably happen, it is well to make mention in the atteftation, before the witneffes fubfcribe their names thereto; as in N° V. pages 231, 232. Concerning a will not properly executed, we have taken notice in page 154. WHEN it is requifite for administration to be granted with the will annexed, as treated on in pages 192, 193, 194; the deceafed's will fhould be fent up, and mention made of the day or time on which he died, and the value of his goods, chattels, and credits, with the names of any two clergymen in the neighbourhood; and here attention must be had to the kind of adminiftration wanted; as whether it be during the minority of an infant or infants, or where a teftator hath died without naming any executor, or named incapable perfons, or if it be where all the executors named refufe to act. Either of which cafes defcribe; and if it be during the minority of an infant or infants, who were appointed executors; mention his or their chriftian, furnames, and ages; the christian, furname, relationship to the deceased, and defcription of the perfon applying. And in either of the other cafes, mention the chriftian and furname of the perfon who applics, and defcribe him as relation, devifee, &c. of the deceased, [as may be the cafe. So hereby a proctor may be enabled to obtain the commiffion and administration for his employer. THUS having laid down the method of proceeding to obtain adminiftration and probate of a will by commiffion, we may now obferve that, when inftructions are fent up for a proctor to obtain a commiffion by, care fhould be taken that the names, &c. fent up be spelled right; for although falfe fpelling will not render the commiffion void, yet it will increase the expence thereof. THE Of Inteftates. Of Administration; why it should be obtained, and who are entitled thereto. By whom it II. Of Administration; why it should be obtain- ed, and who are entitled thereto, III. Where and by whom administration is to be SECT. I. His power by virtue of the administration, ib. II. The particulars of what he is interested in SECT. II. How the law difpofes of a wife's real estate ; or the law concerning a tenancy by the cur- tefy of England, Page 94 Perfons being under fpecial prohibition by law or cuf- tom, as for want of fufficient discretion, or for want of fufficient liberty and free will, or on account of their criminal conduct, obliged to die inteftate The manner of making the will, whereby both real and Who may be made executors; and of whom the testa- tor fhould beware of appointing. Who may be de- visees and take by devife; and the manner of their taking real and perfonal estate by will, The manner of bequeathing to married women and infants; and of appointing guardians. Conditions |