The Orphans Legacy, Index – Errata

The Orphans Legacy · Index – Errata

INDEX GENERALIS: OR, An Alphabetical Table; Comprizing all the Material Points of Chiefeſt Remarque in this Teſtamentary Abridgment, with Reference to each Page and Paragraph.

A.

ACceptance of Executorſhip, in what Caſes Compellable by Law.—p. 91. §. 2.

Acceſſorie Advantages to a Legatary between the time of making the Teſtament, and the Teſtators death,—p. 291, 292. §. 19.

Accompt, Executors Obliged to Accompt, with the Ordinaries power therein.—p. 150. §. 1. Within what time they are …o Accompt.—Ibid. §. 2. Though it be Judicially made, yet it ſhall not Prejudice Abſent Creditors or Legataries, not being duly Summoned.—Ibid. §. 3. Whether Accompt lies againſt Executors for Money paid to their Teſtators by vertue of the Privy Seal.—p. 113, 114. §. ult. It lyeth againſt the Executor of an Accomptant, for Money received by his Teſtator, although paid by Order frm the Lord Treaſurer.—Ibid.—It lyeth not againſt the Executor of an Accomptant except for the King.—p. 128, 129. §. 2.

Actions Maintainable by Executors or Adminiſtrators, p. 100, &c. Perſonall Actions in the Teſtator are none in the Executor.—Ibid. §. 2. & p. 129. §. 3. Actions Maintainable againſt Executors or Adminiſtrators.—p. 105. &c. Perſonall Actions lie not againſt Executors, as ſuch.—p. 129. §. 3. Whether Actions and Right of Actions fall under the Notion of Goods Deviſed? or under the Notion of Moveables and Immoveables.—p. 306, 307. §. 1, 2.

Adminiſtration, how it ſhall be granted.—p. 153. §. 5. Whether it may be Granted by Word only, Ibid. §. 5.—p. 163. §. ult. Whether it may be Granted Conditionally, and with an Ita tamen.—p. 162. In what caſe it may be Granted notwithſtanding an Executorſhip. Ibid. It may be Granted of the Goods of a Woman Covert Inteſtate.—Ibid. Two Letters thereof may be Granted, and both Good.—p. 69, 70. §. 5. What Acts amount to an Adminiſtration.—p. 162. §. ult. To take in any of the Teſtators or Inteſtates Obligations, and give others in ſtead thereof, is an Adminiſtration, and alters the Property.—Ibid. & p. 159. §. ult. To whom of right it belongs. p. 169, &c. Granted to an Executor of his own wrong, will not Juſtifie him.—p. 162. §. ult. To whom it belongs Durante Minoritate. p. 67, 68. §. 4. When it ceaſes.—ibid.—Committed Durante Minoriaetate.—p. 154. §. 6. Granted by the Metropolitan where there is not Bona Notabilia, is voidable not void; otherwiſe if Granted by a Biſhop, when it appertains to the Metropolitan.—p. 167. §. ult. In what Caſes not voidable only, but void alſo.—p. 159, 160. §. ult. Granted (a Caveat depending) void. p. 171. §. 5. Adminſtrations, Fraudulent and Revokable.—p. 164, &c. Whether to ſay [granted by a Biſhop] a good Plea, without ſhewing that he was Loci illius Ordinarius. And whether ſo of a Dean or Arch-Deacon.—p. 155, 159, 160, 161, &c. §. ult. To ſay [Granted by A. W. LL Dr.] no good Plea, becauſe not ſhewed to be Biſhop or Ordinary.—p. 161. Adminiſtration Durante Minori aetate ceaſeth at the Age of 17 Years. p. 67. §. 2.

Adminiſtrator, What he is in Law.—p. 151. §. 1. His Origination. Ibid. §. 2. What in a Notion diſtinct from Executors.—p. 151. After an Executors death, how the Law in that caſe provides. p. 152. §. 3. Adminiſtrator of an Inteſtate Executor may not meddle with the firſt Teſtators Goods. p. 69. §. 4. He is an Aſſigne in Law as well as an Executor.—p. 161. §. ult. In what caſe Acts done by a former Adminiſtrator are good notwithſtanding Letters of Adminiſtration after Granted to another.—p. 165, 166. §. 4. In Plea he muſt ſhew not only who Granted his Letters of Adminiſtration, but alſo that he had Legal power ſo to do. p. 158, 159. §. ult. What ſales or diſpoſals of Goods an Adminiſtrator may make Durante Minoritate of the Executor.—p. 156. Adminiſtrator (pendente Lite of a Citation to Repeal) ſells Goods, good; for he hath Lawfull power to Diſpoſe &c. Otherwiſe in an Appeal.—p. 166. §. 5. In what Caſe an Adminiſtrator only in pretence, ſhall be no Legatary in reality.—p. 318, 319. §. 26.

Advowſon in Fee, how Deviſable.—p. 288. §. 5. Advowſon in Groſs not Deviſable.—p. 225. §. 2. Whether an Advowſon may be Aſſetts.—p. 122. §. 8.

Age, At what Age Minors may be Deviſors. p. 205. §. 1. Age Superannuated into Dotage, Inteſtable.—p. 13. §. 4.

Alien, not Deniſon, whether he may be an Adminiſtrator.—p. 170. §. 4. Alien Adminiſtrator, though Enemy, may Sue.—p. 103. §. ult. Alien, not Denizon, inteſtable as to Lands.—p. 226. §. 3.

Alienations Prohibited to Deviſees, with the difference between neceſſary and voluntary Alienations.—p. 298. §. 48. A Tripartite Caſe in Point of Alienations prohibited by the Teſtator.—p. 248, 249. §. 49.

All] How that word is to be underſtood.—p. 311. §. 14.

Anabaptiſts, by the Civil and Canon Law, Incapable of being Legataries.—p. 207. §. 2.

Animus Teſtandi, Neceſſary in every Teſtator in making a Will or Deviſe.—p. 2. §. 2. & p. 202. §. 2.

Annuity, when payable, if no fix'd time be ſet by the Teſtator—p. 306. §. 20. & p. 439. §. 3. & p. 444. §. 78.

Apoſtates Inteſtable.—p. 21. §. 4. Incapable of a Legacy.—p. 206. §. 2.

Appellation of things ought not to be beſides the Teſtators Intention.—p. 294. §. 29.

Appurtenances, by that word ſhall paſs Lands commonly uſed with a Meſſuage Deviſed.—p. 272. §. 6. They are not where the one is Freehold, the other Coppyhold.—p. 235. §. ult.

Arbitrament made in writing againſt a Teſtator, doth not charge his Executor.—p. 108. §. 6. & p. 110. §. ult. Debt thereupon againſt an Adminiſtrator not good. p. 109. §. ult.

Aſſent of an Executor, neceſſary to the having of a Legacy.—p. 162. §. ult. Aſſent to a Legacy, whether it may be by an Adminiſtrator Durante Minoritate.—67. §. 3.

Aſſets charging Executors.—p. 118, &c. What?—Ibid. §. 1. Whether Dammages recovered by Executors ſhall be Aſſets.—p. 119; 120. §. 2. Whether an Advowſon be Aſſets.—p. 122. §. 8. How reall Chattels may turn into Perſonall Aſſets.—p. 123. §. 9. Goods in Ireland are Aſſets.—p. 125. §. ult. Goods fraudulently Conveyed, though in a Strangers hand, ſhall be Aſſets.—p. 126, 127. §. ult. Mortgages redeemed by Executors are Aſſets.—p. 120. §. 3. Encreaſe be Merchandizing with the Teſtators Goods are Aſſets.—Ibid §. 4. Whether the Profits of Land Deviſed to be Sold be Aſſets.—p. 139. §. 2. In what Senſe Lands Deviſed to be Sold for payment of Debts or Legacies, may be ſaid to be Aſſets or not.—p. 121, 122. §. 6. The mean Profits of Land Deviſed to be Sold by Executors, no Aſſets in their hands, unleſs ſpecially ſo appointed by the Teſtator.—p. 273. §. 1. But the proceed of the Sale ſhall be Aſſets in them.—Ibid. §. 4. Money decreed in Chancery to an Executor may be Aſſets.—p. 112. §. ult. And Dammages Recovered ſhall be Aſſets.—Ibid.—Goods Diſtrained or Impounded are no Aſſets.—p. 111. Debts till Recovered or Releaſed are no Aſſets.—p. 121. §. 5. Goods of a Teſtator as Executor Indebted, are not Aſſets lyable to his Debts in ſuch Executors Executor.—p. 122. §. 7. Goods retained by a Debtee-Executor, no Aſſets as to Creditors.—p. 123. §. 10. Other Mens Goods in the Teſtators poſſeſſion, no Aſſets in the Executors hands.—p. 123. §. 11. The Teſtators Debts paid with the Executors own Money, abate the Aſſets as to ſo much.—p. 112, 113. §. 12.

Aſſumpſit, Actions thereon by or againſt Executors.—p. 103, 104. §. ult. & p. 107. §. 5.

B.

Baſtards, whether they may be Legataries.—p. 206, 208. §. 4. & §. ult.

Birds Bequeathed, what paſſeth thereby.—p. 441. §. 60.

Biſhop, he may not Deviſe the Land belonging to his Biſhoprick.—p. 225. §. 3. A Deviſe given to a Biſhop, not naming him, and he dying before the day of Payment comes, the Legacy accrews to his Succeſſors.—p. 448. §. 105.

Blind Men are nuncupatively Teſtable, how otherwiſe Teſtable.—p. 19, 20.

Bona Notabilia, what,—p. 43. §. 1. The Law touching the ſame.—p. Ibid. to p. 46.

Bona Paraphernalia, what, and to whom belonging. p. 85. §. 1.

Bonds and Specialties Deviſed, what it ſignifies.—p. 448. §. 103.

Books Deviſed, others after bought, what ſhall the Legatary have.—p. 447. §. 96. Books of Account and Caſh in the Cheſt paſs not by a generall Deviſe of all a Man hath in ſuch a place.—p. 302. §. 5, By a certain Number of Books Bequeathed, is intended ſo many Volumes, not Computing ſeverall Books in one Volume.—p, 302. §. 6. & p. 442. §. 62.

Borough Tenure, and by Cuſtome Deviſable, paſs by Will Nuncupative.—p. 5. §. 3. & p. 224. §. 1.

C.

Captives, actually ſuch, are Inteſtable.—p. 14, 15. §. 2.

Cattell,; what is to be underſtood by a Bequeſt thereof, and by that name.—441. §. 55.

Cauſe, which is falſe, whether it viciates a Legacy,—p. 214. §. 2.

Chattels, what; the ſeveral kinds thereof.—p. 79, &c. §. 1. Reall, Living, and Moveable.—Ibid. §. 2. Reall, Inanimate and Immoveable.—Ibid. §. 3. Perſonall, Living, and Immoveable.—Ibid. §. 4. Perſonall, Inanimate and Moveable.—Ibid. §, 5. Chattels not Entailable.—Ibid. §. 6. Chattels Reall and Perſonall, what.—p. 301. §. 2, Chattels Deviſed for an hour, are Deviſed for ever.—p. 301. §. 1. Several Caſes in Law touching Deviſes of Reall Chattels.—p. 285, to 301. The like touching Perſonall Chattels.—p. 301, to 306.

Cheſts Containing writings of Inheritance, if lock'd, do belong to the Heir; unlock'd, to the Executor.—p. 82. §. 6.

Child in the Womb may be appointed Executor.—p. 67. §. 1. Alſo a Legatary or Deviſee.—p. 208. §. 3. & p. 283. §. 1. & p. 315. §. 13. The Deviſe is good, though the Infant be ript alive out of the Womb.—p. 284. §. 2. Good, though it be a Deviſe in Remainder or in Tail.—Ibid. §. 3. How the Divident ſhall be in caſe of Twinns unexpected.—Ibid. §. 4, 5. And what the Law in caſe of Hermophroditality.—Ibid. §. 4. What the Law in caſe (a Legacy being given) it prove a Monſtrous Birth.—p, 448, 449. §. 106. Child unborn at the Teſtators death, may ſhare in the Legacy with thoſe in being when the Teſtator dyed. p, 447, §, 99. A Child in the Womb made Collegatary with one out of it, and after Born dead, what proportion of the Legacy ſhall the living Child have.—p, 448, §; 101. Teſtaments made in favour of the Teſtators Children, their Priviledges.—p, 8, §, 3. Caſes of Legacies in Reference to the Children of Teſtators or others. p, 313, 314, §, 5, 6.

Circumſtances not Reſtrictive, nor joyned to the Legacy or Deviſe, ought not to deteriorate the ſame.—290, §, 14.

Codicil, what.—p, 9. Its Etymon and Definition.—Ibid. §, 1, 2. Codicils, when, how, how many, and by whom they may be made.—Ibid, §, 3, 4.

Co-executors, how Conſtituted.—p, 51, 52. They muſt all be joyned in Suit.—p, 108, §, 6. In what Caſe they may Sue one another.—p, 101, 102, §, 5. Their Indiviſibility in point af Power, Intereſt, and Pleadings.—p, 86, &c. If anyone of them be a Debtor to the Teſtator, it amounts to a Releaſe,—p, 75. §, 2.

Comminalty not Incorporate by the Kings Charter, is incapable to take by a Deviſe.—p, 206, §, 2.

Conditio, what. p, 23, §, 3. The ſeveral Marks and Kinds thereof.—p, Ibid, &c. The Subject thereof very voluminous in Law. Ibid, §, 1. Several Queſtions in Law touching Conditions Reſolved,—p, 26, §, 4. Conditio & Modus, how they differ.—p, 23, §, 3, & p, 215, 216, §, 4, Condition in ſuſpence, how then to proceed.—p, 28, 29. Their ſeveral kinds and Reſemblances incident to Legacies.—p, 213, to 217. Whether a falſe Condition ſhall prejudice a Legacy.—p, 215, §, 3. Conditions may be implyed as well as expreſſed.—p, 305, §, 19. Implicite Conditions require Conditional Explications.—Ibid. Conditions Perſonall in the Legatary are not transferrable to his Executor.—p, 443, 444, §, 76, 77, Tacite Conditions in reference to the Executors Aſſent. p, 312, §, 2, What words ſufficient to expreſs or imply a Condition.—p. 23. §. 2. Condition to be annexed to a Deviſe of Lands, not written in the Deviſors life time, makes void the whole Deviſe. p, 266, 267, §, 1. It cannot continue a Deviſed Eſtate for part, and defeat it for the reſidue.—p, 267, §, 4. Being annexed to a Deviſe of Lands and broken, the Heir, not he in Remainder, ſhall take advantage thereof.—p, 268, §, 6, 8. Yet he may not enter where it is only a Limitation, not a Condition,—p. 268, 269, §, 9. A Condition contrary to Law is void.—p, 268, §, 7. Deviſing may be a breach of the Condition of not Deviſing.—p, 269, §. 10. Condition of Superſtitious Ʋſes veſts the Land in the Crown.—Ibid, §, 11. What Proviſion of Law in Caſe the Legatary die before Condition broken, or the time for performance be come.—p. 281, §, 11. Conditions Teſtamentary in reference to Marriage.—p, 27, &c. Conditions directly againſt Marriage are unlawfull, with the Limitations thereof.—p. 342, 343, §, 25. Condition of Marriage is annexable to a Legacy or Deviſe, but an unlawfull Condition thereof is void.—p, 279, §, 1. Condition of Marriage with the conſent of another, doth oblige the Legatary to Marry, but not to have ſuch conſent.—Ibid, §, 2. Condition of Marriage with the Advice of another, obligeth the Legatary to Ask it, but not to follow it.—Ibid, §, 3. What in caſe the Legatary were Married before.—Ibid. §. 4. & p, 316, §. 18. Though a Condition againſt Marrige be void, yet the Legacy is not.—p, 280, §, 5. The Canon Laws Diſtinction in caſe of Conditions directly contrary to Marriage.—p, 280, §, 9. Conditions of Non-alienation are intended only of voluntary Alienations.—p, 438, §, 17. Conditions neceſſary are as no Conditions.—Ibid, §, 18. Conditions implyed by Relative Pronouns.—Ibid, §, 19. Poſitions in Law touching Conditions. p, 438, §, 16, to 26. Conditional Teſtaments, how and when ſuch.—p, 22, 23. The ſeveral kinds thereof.—p, 23, to 27.

Confidence in a Feme Covert is not transferrable to the Husband upon her death.—p, 236. infin.

Conſent or Delivery by an Executor, requiſite to a Legacy or Diviſe.—p, 440, §, 39, &c.

Corne ſtanding, is Deviſable where the Land it ſelf may not be.—p, 225, §, 2. & p, 304, §, 13.

Corporations, or any Member thereof may not Deviſe the Land they have in right of their Corporations.—p, 225, §, 3.

Coſts not payable by an Executor Non-ſuited on Judgment againſt him, p, 104, §, ult, & p, 110, §, ult, & p, 117, §, ult. Given in Chancery againſt a Teſtator doth not charge his Executor.—p, 108, §, 6.

Coverture nulls a Deviſe; it may revive by a new Publication after the Husbands death.—p, 289, §, 9.

Courtelage paſſeth by the Deviſe of a Houſe.—p, 237, in pr.

Creditors made Executors.—p, 74, to 77, They may pay themſelves firſt; the Limitations of that Rule.—p, 75, 76, §, 3.

Cuſtome of London in reference to Executors or Adminiſtrators touching Debts by ſimple Contract.—p, 116, 117, §, ult.

D.

Deaf and Dumb naturally, not Inteſtable abſolutely.—p, 19. Whether they may make a Deviſe of Lands.—p, 226, §, 3.

Death of the Legatary before the exiſtence of a poſſible Condition annexed to his Legacy, inſignificates the ſame.—p, 325, §, 13.

Debet & Detinet, in what Caſes; And in what Caſes in the Detinet only. p, 113, §, 7, & p, 157, §, ult.

Debts Bequeathed.—p, 321, 322, &c. & p, 440, §, 36, 40, 41. & p, 446, §, 95. What Debts not Deviſable.—p, 440, §, 38. Debts and Things in Action are Deviſable by Will (ſome only excepted)—p, 321, §, 1. Debts Bequeathed, how extinguiſhed or not. p, 324, §, 11. Debt Bequeathed twice, is due but once.—p, 325, §, 12. Debt Bequeathed to Joint-Debtors.—Ibid, Debt Bequeathed, the Executor is diſcharged by Aſſigning the Bond to the Legatary. p, 326. §, 17. Debt is where the Bond is, but upon a Contract it follows the Perſon,—p, 157, §, ult. Where Debt upon a ſimple Contract may by the Cuſtom be paid by an Adminiſtrator, as ſoon as a Debt upon a Bond.—p, 116, 117. §. ult. Debt is Aſſets though the Debtor be Adminiſtrator.—p, 76, §, 4. That can be no Debt in the Executor which was none in the Teſtator.—p. 107, §, 6. Debt lieth not againſt an Executor upon a ſimple Contract of the Teſtator, but an Action of the Caſe only.—p. 107, 108, §, 6, & p, 109, & 115, §, ult. It lyeth againſt them for Rent of Land Leaſed to their Teſtator.—p, 115, §, ult. Debts by Bonds and Specialties are not Comprized in a general Legacy.—p, 327, §, 19. Whether Debts, Bonds and Specialties are Comprized under the Notion of Moveables or Immoveables.—p, 310, §, 10. The Executors Method in paying of Debts.—p, 142, &c. Debts upon Record to be firſt ſatisfied.—p, 108, §, 7. In what caſe a Statute may be paid before a Judgment.—p. 137, 138, §, ult. Debts to be paid before Legacies.—p, 142, §, 1. The Reaſon thereof in Law.—p. 440, §, 45. What Debts to the Crown have Priority to the Subjects Debts.—p, 143, §, 3. Executors may ſatisfie their own Debts before any other of equal quality and degree.—p, 142, §, 2. What the Law is in Caſe of Debts for Rent upon Leaſes.—p, 146, 147, §, 9.

Declaration precedent Derogatory to the ſubſequent, doth prevail againſt it.—p, 302, §, 4. An Exception to that Rule.—Ibid.

Deed of Purchaſe Deviſed, what it ſignifies.—p, 448, §, 103.

Delegates or Judges Delegate, whether they may grant Letters of Adminiſtration.—p, 158, §, ult.

Demonſtrations falſe deſtroy not Legacies.—p, 210, §, 3, & p, 441, §, 48. Ʋnderſtand it of Falſe Neceſſary, not Falſe Superfluous Demonſtrations.—p, 213, §, 1. The difference between that and a Falſe Cauſe.—p, 214, §, 2.

Deſignation how a Legacy ſhall be paid, makes it not Conditional, nor Queſtionable whether it ſhall be paid.—p, 315, §, 14.

Detinue, in what Caſes it lies or not.—p, 102, §, 7, & §, ult, & p, 107, §, 5. How it lies for an Infant-Executor againſt an Adminiſtrator Durante Minoritate.—p, 162, §, ult.

Devaſtavit, What, and in how many ways it may be; in what Caſes it lies; the Method of proceeding therein, and Execution thereupon.—p, 134, &c.

Deviſe, what.—p, 200, §, 1. Its Requiſites.—p, 202, §, 2. In what Court properly recoverable.—p, 204, §, 4. Refuſed to be Delivered by Executors, what remedy.—Ibid. What words or expreſſions ſufficient for a Deviſe.—p, 209, &c. Wherein a Deviſe of Lands differs from a Bequeſt of Goods.—p. 4, §, 2. Deviſe of a thing not in rerum Natura at the Teſtators death, void.—p, 292, §, 20. It is as inferrable from the Teſtators Intention, as intelligible by his expreſſion.—p, 295, §, 36. An Omiſſion of what the Teſtator ſaid he would make a deſcription of, doth not null a Deviſe.—p. 296, §, 37. The ſame thing twice Conditionally Deviſed by two Teſtators to ſeveral perſons, how or in what Caſe good to either, or not.—p, 297, §, 41. Deviſable, what.—p. 221, &c. & p, 311. §. 15. Whether a Teſtator may Bequeath what is not his own.—p, 221. §. 2. What things in particular may be Deviſed.—Ibid. §. 1. How the Teſtator may Bequeath what is his Executors.—p. 222, 223. §. 3. A Bequeſt to one of what was his own before.—Ibid. §. 4. The difference between the Common and Civil Law in this point of Deviſing what is another mans.—Ibid. §. 5. Goods in Joint-Tenancy are not Deviſable.—p. 223. § 6.

Deviſee, or Deviſor, who may be ſuch.—p. 205, &c. Deuiſee muſt be capable of the Deviſe at the time of the Teſtators Death.—Ibid. Deviſee and Executor, when the ſame perſon is both, by which ſhall he take.—p. 102. §. 7. Deviſees joyned in the thing Deviſed, but disjoyned in the manner of Deviſing, How and in what caſe is the Deviſe to be apportioned.—p. 297. §. 43.

Diſtreſs, or power of diſtraining Deviſed, how it makes an Eſtate Taile.—p. 250. §. 13.

Diſtribution of Inteſtates, the Law now in force touching the ſame.—p. 168, 169. §. 3.

Drunk, Dead-drunk; ſuch are dead alſo in Law as to any Teſtability Durante Beſtialitate.—p. 13. §. 5.

Dubious Caſes, Rules in Law touching the ſame.—p. 437. §. 1, to 8. & p. 446. §. 9. In doubtful Caſes the Legatary hath the Election.—p. 331. §. 13. They ſhall be conſtrued in favour of the Legatary.—Ibid. In all doubtful Caſes relating to the Quantity of a Legacy, the leaſt only is due.—p. 319. §. 30.

E.

Eccleſiaſtical Perſons may not Deviſe the Lands or Goods which they have in right of their Churches.—p. 225. §. 3.

Elections, the Law touching the ſame.—p. 293. §. 24. Two Elections in one Deviſe; in ſuch caſe the Legatary ſhall have the firſt, the Executor the ſecond.—p. Ibid. §. 26. Election in Executors to Accept or Refuſe the Executorſhip.—p. 91, &c. The Equity of Election to be regulated by the Teſtators intention.—p. 290. §. 13. Election in a Debtor, how it may fruſtrate a Legacy. p. 326. §. 18. Election in point of Legacies, to whom it belongs, whether to the Executor, or to the Legatary.—p. 328, &c. p. 442. §. 66, to 70. & p. 444. §. 81. The Election belongs to him to whom the Teſtator directs the Executive power of the Legacy.—p. 328. §. 2. p. 329. §. 4. p. 330. §. 8. Election doth ariſe from tollerable uncertainties.—p. 329. §. 3. It refers as well to the thing it ſelf Bequeathed as to the Legatary or Executor.—p. Ibid. §. 5. It is ſometimes directed by the Law as well as by the Teſtator. … p. 330. §. 6. The Law in that caſe. … Ibid. Whether … Election in the Legatary be tranſmiſsable to his Executor.—p. 332. §. 14.

Enmity in the Legatary againſt the Teſtator, how it voids the Legacy.—p. 341. §. 22.

Entaile by a Deviſe, may by the ſame words be a Fee-ſimple by Deed.—p. 249. §. 6. In what caſe the younger Son may have a pure Fee-ſimple, and the Elder but an Eſtate-tail by the ſame words in a Deviſe.—p. Ibid. §. 7. Caſes in Law touching Deviſes of Land Entailed.—p. 247, &c. How they may be deveſted from one to another by Deviſe.—Ibid. §, 1. The ſeveral ways of Entail by Deviſe.—p. 248, 249. §. 4, 6, 8, 9. How with Croſs Remainders.—p. 250. §. 11. How with a Remainder Implyed.—Ibid. §. 12. How of Rent as well as Land by way of Deviſe.—Ibid. §. 13. How extending only to ſome, not all the Lands therewith Deviſed.—Ibid. The difference between Deviſes by Will and Grants by Deed in point of Entail.—p. 248. §. 3.

Entrie upon a Leaſe (though before Probate) veſts the Term in the Executor, and if he die Inteſtate, in his Adminiſtrator.—p. 96. §. 6.

Equally to be divided] Whether thoſe words make a Tenancy in Common or Joint-Tenancy.—p. 242. §.

Error or Miſtake in the Teſtator, in what caſe it may prejudice the Legatary or not.—p. 295. §. 35. If it be only in the Scituation of the Land Deviſed, it ſhall not prejudice the Deviſe.—p. 298. §. 47.

Eſtimate, or the wrong Eſtimate of a Legacy by the Teſtator, alters not the Condition thereof.—p. 292. §. 21. Nor may an Executor exceed it to the Legataries prejudice.—Ibid. §. 22.

Exceptions frivolous, and of a thing that is not, no prejudice to a Deuiſee.—p. 296. §. 40.

Excommunicated Perſons, in what ſenſe Inteſtable or not.—p. 22. §. 8. Whether incapable of a Legacy, or not.—p. 26. §. 2.

Execution for an Adminiſtrators Adminiſtrator in Dammages upon Treſpaſs.—p. 105. §. ult. Execution de bonis proprijs, how to proceed therein.—p. 131, 132. §. 8. Execution after Adminiſtration Revoked, void in Law.—p. 160. §. ult.

Executor how Conſtituted.—p. 49, 50. The ſeveral ways thereof.—p. 53. What words ſufficient whereby to Conſtitute Executors.—p. 54. §. 2. & p. 126. §. ult. Who may not be Executors.—p. 55, 56. The power of an Executors Executor.—p. 56, 57, &c. The Executors Right excluſively to the Heirs.—p. 97, 98, &c. Their Intereſt and Poſſeſſion.—p. 88, &c. How it differs from that which they have in their own Goods.—p. 89, §, 2. They cannot Bequeath what they have as Executors.—Ibid. §, 3. What Acts may be done by them before Probate.—p. 94, &c. What Actions they may maintain before Probate of the Will—p. 95, §, 4. In what caſes they may retain Goods of the Teſtators to ſatisfie their own Debts.—p. 96, §, 7. In what Court they ought to Sue.—p, 102, §, 6. They are Suable by Creditors, notwithſtanding Imbezilment of the Teſtators Goods,—p, 105, 106, §, 1. How liable for their Teſtators breach of Covenant.—Ibid, §, 3. In what caſes liable or not to pay the Teſtators Debts of their own proper Money, or may become chargeable de bonis proprijs.—Ibid, §, 7, & p, 108, 109, 113, 116, §. ult. Though not bound by Name, yet they are chargeable with the Teſtators Obligations.—p, 107, §, 5, They are not chargeable on a ſimple Contract of the Teſtators.—p, 128, §, 1. They are liable for no more than comes to their hands.—p, 129, 130, §, 4. In what caſe the Executors of a Subſtituted Deviſee may not claim Lands Deviſed under Limitations.—p, 267, §, 3. An Executor may pleaſure his Friend by Confeſſing the Action of one, and Traverſing it with another.—p, 149, §, ult. In what ſenſe an Executor Revoked may be ſaid to be Revived.—p, 34, §, 2. An Executors Executor.—p, 56, &c. Executor de ſon tort, what, and what Acts may make him ſuch.—p, 59, &c. How far he is chargeable, or not.—p. 60, 61, §, 2. He ſhall take no Advantage thereby.—Ibid. He may not (as other Executors) retain Goods to pay himſelf.—p, 63, §, 5, &c. how an Executorſhip may be in ſeveral reſpects.—p, 50, 51. How the Executorſhip is to be performed when a King is made Executor.—p. 50, §, 2.

F.

Fee-ſimple, in what Caſes and by what Words it paſseth by Will.—p, 240, to 246. It may paſs by Will, ſeveral other ways than it can by Deed.—Ibid, §, 1. It paſſeth by Will only by leaving Lands to ones pleaſure or diſcretion.—p, 238, in prin. It paſſeth by Deviſing a power to Sell.—p, 241, §, 2. By the Conſideration of any payment. Ibid, By Deviſing to a Corporation for life.—p, 242, §, 5. By Implication only of the word [Heirs]—p, 241, 242, §, 3. By Generall words.—p, 243, §. 8. By the word [Paying.]—p, 243, 244, §, 10. By Deviſing the Bents.—§, Ibid. By a Generall Implication.—p, 244, §, 11. Whether Fee-ſimple paſseth in a Will by the Word [Aſſigns] without the Word [Forever.] —p. 242. §. 5. Fee-ſimple Deviſed to one, is not Deviſable to another by the ſame Will.—p. 243. §. 9. Fee and not Leaſes, and Leaſes and not Fee, in what Caſes and by what words paſs by a Deviſe.—p. 244. §. 12. Fee of Land Deviſed to one, the Rent thereof to another, what the Civil Law in that Caſe.—p. 295. §. 34. The Deviſe of a Houſe though by the word Fee-ſimple thereof may paſs only an Eſtate for life.—p. 255, 256. §. ult.

Felo deſe, Inteſtable as to Goods and Chattels, not ſo as to his Lands.—p. 226. §. 3.

Felons under Attainder are Inteſtable.—p. Ibid, §. 3. They are not Inteſtable before Conviction.—p, 20, 21. §. 2. They are Incepable of a Legacy.—p, 206. §. 2. The Qualifications thereof.—Ibid.

Feme Covert, ſhe may (without her Husbands conſent) make an Executor of thoſe Goods whereof her ſelf is Executrix, or which ſhe hath as Executrix.—p, 226. §. 3. Yet ſhe cannot Deviſe them by Will.—Ibid. Being Executrix, and under that Notion receiving Money, ſhe may releaſe without her Husband.—p. 71. §. ult. Whether ſhe may be a Legatary to her own Husband.—p, 208. §. 3. She may not Deviſe Lands to her own Husband, nor unto others either with or without his conſent.—p, 205. §. 1. & 226. §. 3.—vid. Women Covert.

Feme Sole, her Deviſe to him whom ſhe after marries, is void.—p, 281, 282. §. 13.

Field, if Deviſed, the Edifice thereon paſſeth therewith.—p. 295. §. 33.

Fraud or Covin in an Executors Payments, ſhall not prejudice the Creditors.—p. 147. §. 11. Fraudulent Recoveries no Barre to Creditors.—p, 108. §. 7. &. p. 113. §. ult.

Freehold Deviſed, not Cognizable before the Ordinary.—p, 205. §. 4.

G.

Garden paſſeth by the Deviſe of a Houſe.—p, 237. in prin.

Gavelkind Lands, Deviſable by Cuſtom.—p, 224. §. 1. An Eſtate-Tail thereof Deviſed.—p, 251. §. ult.

Goods, What ſhall paſs by a Deviſe of all Goods, Chattels, Moveables and Immoveables.—p, 289. §. 7. Goods in generall Deviſed, what ſhall paſs under that Notion.—p, 306, 307. §, 1. Goods in Common Deviſed by Implication.—p, 302. §, 3.

Grantees may be Deviſees.—p, 226. §. 4.

Ground Deviſed, the Edifice thereon paſſeth thereby, although Erected after the Deviſe made.—p, 297. §. 42. The Ground whereon a Houſe ſtood, which is after burnt, belongs to the Deviſee or Legatary,—p, 304. §. 14.

H.

Habendum, how to be conſtrued in a doubtfull Caſe of Deviſes.—p, 243. §. 7.

Have, or the word [I have,] in what caſe it ſhall be taken in the Preſent Tenſe.—p. 295, §. ult.

Heire, the different Acceptations of that word in the Civil and Common Law.—p, 202, §, 1. In what caſe he may enter upon Lands Deviſed to be Sold.—p. 139. §. 3. In what caſe he and not the Executor ſhall have the mean Profits of Land Deviſed to be Sold.—p, 273, §, 3. He ſhall take the Advantage of a Condition broken, that is annexed to a Deviſe of Land.—Ibid, §, 2. A Deviſe to one and his Heir, in the Singular Number, is but a Deviſe for Life.—p, 253, §, 3. The Heirs Rights excluſively to the Executons.—p, 83. In what caſe Heirs ſhall not take by a Deviſe, though they are therein mentioned.—p, 238, 239, §. ult. In what caſe a Deviſe by that Word [Heirs,] ſhall yet go to the Executors.—p, 257, 258, §, 1, & 3.

Hereticks, in what Senſe Teſtable or not.—p. 21, §, 3. They are Incapable of a Legacy.—p, 206. §, 2. The Qualifications thereof.—Ibid,

Horſe, one Deviſed to two Perſons, how the Divident to be apportioned.—p. 304. §. 15. By a Bequeſt, of Horſes ſhall Mares paſs, if the Teſtator had no Horſes.—p, 303. §. 10.

Hoſpital-Lands; or their Rents-Arreare, not Deviſeable.—p, 225. §. 3.

Houſe Deviſed, when the Teſtator had none, or many, or burnt, or ruin'd, pull'd down, demoliſhed, or re-ediſied. The Law in ſuch caſes.—p, 294, §, 27, & p, 296, §, 39. Houſe Deviſed with all things therein; how that ſhall be underſtood.—p. Ibid. §, 31, & p, 302, 303, §, 7. The Ground whereon ſtood a Houſe Deviſed, and after burnt, is the Legataries.—p, 304. §. 14. Houſes are Deviſable under the Notion of Lands.—p, 224. §. 2. & p. 301. §. ult. Two Houſes, and but one Stable betwixt them, with which Houſe Deviſed ſhall the Stable paſs.—p, 294. §, 30.

Husband, being neither Executor nor Adminiſtrator to his Wife, is not liable for her Debts after her deceaſe.—p. 130. §. 5.

J.

Ideots Inteſtable, the Qualifications thereof.—p. 12, 13, §, 3, 6, & p, 14, §, ult.

Jewels Bequeathed, what paſs under that Notion or not, in a Deviſe.—p. 306, §, ult. In what caſe they are not to be put into the Inventory.—p. 99. §, ult.

If] in what caſes that word amounts not to a Condition.—p. 216, §, ult.

Implication ſufficient whereby to paſs a Legacy or Deviſe.—p. 235, in fin.—Whether Legacies may paſs by an Implication of a contrary Condition.—p. 211, §, 5.

Impertinences deſtroy not Legacies.—p. 209, 210, §, 2.

Impoſſibilities, only ſeemingly ſuch, no prejudice to a Legacy,—p. 304, 305, §, 16. What Impoſſibility deſtroys a Legacy.—p, 439, §, 35. Impoſſibility impoſed on the Condition of a Legacy, voids the Condition but not the Legacy.—p, 325, §, 13.

Incapacity in the Legatary, how many ways it may happen.—p. 341, §, 22.

Inceſtuous Perſons how far Teſtable, or not.—p. 21, §, 5.

Infant incapable of Deviſing.—p. 289, §, 10. Whether a new Publication after Minority gives life to a Deviſe that had none before.—Ibid. Infant under the Age of 21 Years may not Deviſe Land.—p. 226, §, 3. Infant in the Womb, whether capable of being a Legatary or Deviſee.—p. 208, §, 3. Infant-Executor at what Age he may Adminiſter.—p. 67, §, 2. What his power is.—Ibid. §. 3. He is bound by his own Releaſe, if he receive the Money.—p. 71, §, 5. His Releaſe not good.—p. 68, §, 5. At what Age Adminiſtration granted during his Minority ſhall ceaſe.—p. 67, §, 2, & p, 69, §, ult. His Releaſe without conſideration void.—Ibid. In what caſe he may have an Action of Detinue, but not of Accompt.—p, 71. §. fin.

Interpretation of a Deviſe ought to be with the faireſt advantage for the Deviſee.—p, 290, §, 15. Several Rules in Law touching the Interpretation of Teſtaments and Deviſes.—p. 437, &c.

Inteſtables, their ſeveral kinds.—p. 10.

Inventory, whether it may be made by an Executor before Probate of the Will.—p. 95, §, 5. Within what time it is to be Exhibited.—p. 97, 98, §, 1. How and wherefore it is to be made, and what to be inſerted therein,—p, Ibid. §, 2, 3, Inventories may be over-ruled by a Jury.—p. 107, §, 4.

Joynt-Executors muſt be all joyn'd in Suit.—p. 108, §, 6. vid. Co-executors.

Joynt-Tenants, in what caſes.—p. 233, §, ult, & p. 242, §, 4, & p, 245. A nice diſtinction between-ſuch, and Tenants in Common.—p, 242, §, 4. To whom Goods in Joynt-Tenancy belong at the death of either Joynt-Tenant.—p, 86. §, 2. Such Goods are not Deviſable.—p, 223, §, 6.

Iſſue, A Deviſe made in general to the Iſſue, void by reaſon of uncertainty.—p, 233, in prin. The difference between Iſſue Born, and not Born at the time of making the Deviſe, in point of Entail or Joynt-Tenancy.—p, 249, §, 5.

Jus Repreſentationis, what it ſignifies.—p, 172, §, 1. In the Line Tranſverſall or Collaterall it holds only in the Brothers Children, not in their Grand-children.—p, 177, §, 1.

K.

Kindred and Conſanguinity, how they differ.—p, 170, §, 3. Collaterall Kindred, how far and to what degree they may ſucceed each other.—p, 179, §, 4. Kindred, or of Kin to the Teſtator at the time of his death, ſufficient to take by a Legacy to his Kindred, though they were not ſuch when the Will was made.—p. 444, §, 80.

L.

Lands Deviſable by Will,—p, 224, &c. What and how much thereof.—Ibid, §, 1. What may paſs by a Deviſe under that Notion.—Ibid, §, 2. By and to what perſons Land is Deviſable or not.—p, 225, to 228, §, 3, 4. By what kind of Teſtament.—p, 228, §, 5. Lands may paſs by Will where no Executor is named.—p, 5, §, 4. Lands may by the Common Law be Deviſed to whom Goods cannot by the Civil Law be Bequeathed.—p, 226, §, 4. A Deviſe of another mans Land void.—p. 228, §, 5. Land twice Deviſed in the ſame Will to ſeveral perſons, how both may be good.—p, 230, 231, §, 4. Whether Lands new purchaſed paſs by a Will formerly made.—p, 231, §, 6, & ult. Leaſes for years paſs not by a Deviſe of Lands, if the Deviſor had any Lands in Fee.—Ibid, §, 6. Cuſtomary Lands may paſs by a Will without Writing, other Lands not.—p, 4, 5, §, 3. Lands Deviſed on a preſent Payment, or on Payment out of the Profits thereof, what different Eſtates they create.—p, 254, §, 6. Lands Deviſed with Limitations, and upon Condition.—p. 266, &c. Land Deviſed by a Coppyholder to his Wife.—p, 274, 275, §, 7. Land Deviſed for life by the Husband to the Wife, not for her Jointure, no Barre to her Jointure.—p. 282, §, 14. How the Deviſe of another mans Land may become a good Deviſe. —p. 228. §, 5. Deviſes of Land void or not.—p, 229, &c. p. 441, §, 47. Several Caſes in Law touching Lands Deviſed.—p, 288, &c.

Lambs Bequeathed, underſtand ſuch as are under a Year old.—p, 441, §, 54.

Leaſe ſimply for Lives, belongs neither to the Heir nor to the Executor.—p. 86, §, 4. Leaſe made in truſt by a Woman for her uſe, who after Marries, enures not to her Husband, but to her Executor when ſhe dies.—p, 99, §, ult. Leaſes of Terms of Years Deviſed.—p. 256, &c. Though Deviſed for 99 Years, yet determinable upon one Life.—Ibid. §, 2. Chattell-Leaſes paſs not by a Deviſe of all the Lands.—p, 257, §, 4, By a Leaſe for Years Deviſed for Life doth paſs the whole Term, yet is it not an Eſtate for life.—Ibid. §, 5. By what words a Leaſe and the Intereſt of the Leſſee may be Deviſed.—p, 257, 258, §, 6, The Reſidue of a Term is as Deviſable as the Term it ſelf.—p, 258, §, 7. A Deviſe of a Leaſe for Years may be in Law which doth not ſo appear in Fact.—p, Ibid, §, 9. The whole Term, though not named, ſhall paſs by a Deviſe, where no other can paſs by Implication.—p, 259. §, 10.

Legacy, what.—p, 200. §, 1. What Words or Expreſſions ſufficient for a Legacy.—p, 209, &c. Whether the time of making the Teſtament, or of the Teſtators death, be the more conſiderable in Legacies.—p, 202, 203. §, 3, & p, 227, §, 4. In what Court Legacies are properly Recoverable.—p, 204, 205, §, 4. The difference between Bequeathing a Legacy to one whenhe ſhall be of full Age, and to one to be Payed when he ſhall be of full Age.—p, 281. §, 12. Legacies and Deviſes in reſpect of Marriage.—p, 279, &c. What of her Legacy ſhall the Wife have, if ſhe Marry after her Election to the contrary.—p, 280. §, 8. Legacies between Baron and Feme.—p, 279, &c. Legacies grounded upon wrong Suppoſitions in the Teſtator, inherent in the very Body and Subſtance of the Legacy it ſelf, do not oblige his Executors.—p, 305. §. 17. Several Sums Bequeathed to the ſame Party in two Inſtruments, both otherwiſe containing the ſame Will, the leſſer only is due.—p, 316. §. 19. Legacy forfeited upon non-performance of ſome duty enjoyned.—p, 446. §. 92. Legacies referring to Debts, and Caſes in the Law touching the ſame.—p, 321, &c. They fall under four Heads.—p. Ibid. §, 2. Legacies by Creditors to Debtors, & e Contra.—p. 322. §. 4, 5. to §, 10 A Legacy Bequeathed in fraudem Legis is void—p, 320. §, ult. A Legacy of a Debt is extinguiſh'd by payment of that Debt to the Teſtator.—p, 324. §. 11. Whether the Teſtators not having what he Bequeaths voids the Legacy.—p, 330. §. 8. The ſame Thing twice Bequeathed, or Bequeathed unto two diſtinctly, which of them ſhall have it.—p. 331. §. 9. A Legacy given indiſtinctly to A. B. and there be two of the name, who ſhall be preferred to the Legacy.—Ibid. §. 10. If a Single Legacy be given only to one, though it be Deviſable, yet it is not Dividable.—p. 332. §, 15. & ult.

Legataries, who are incapable of being.—p. 206, 207. §. 2 A Legatary refuſing his Office or Duty impoſed on him by the Will, though but in part, looſes his Legacy in the whole.—p. 316. §. 16. In what caſe the Legatary ſhall have his Legacy preſently, though it be given him when he ſhall die.—p. 280. §. 6. What the Legatary that Marries ſhall have, when more is Bequeathed him in caſe he Marries not, than if be doth Marry.—p. Ibid. §. 7. The Legatary muſt expect the Executors delivery of his Legacy.—p. 440. §. 39. How one may be a Legatary in Conſtruction of Law only.—p. Ibid. §. 42. Whether a Legatary-Executor may after Debts paid firſt ſatisfie himſelf.—p. 317. §. 20. A Legatary if capable at the Teſtators death, ſufficient for the Legacy, though he were not ſo when the Will was made.—p. 446. §. 88.

Letter from one friend to another ſufficient to contain a Will or Deviſe.—p. 212. §, ult. & p. 443. §. 73.

Letters of Adminiſtration, in what caſe they may be granted.—p. 154, §. 7. To whom.—p. 151. §. 2. They may be granted in England by a Biſhop of Ireland.—p. 155. §. ult. Whether they ought to be ſhewn in Court by Adminiſtrators in Actions brought by them.—p. 103, 104. §. ult. Whether it be neceſſary to ſet forth in a Declaration by whom they were granted.—p. 155, 158, 159, &c. Whether they are to be granted in the Province where the Inteſtate dyed, or in that where his Goods and Chattels were when he dyed.—p. 158. §. ult. Being once granted, they are not Revokeable at the Ordinaries meer Will and Pleaſure.—p. 165. §. 3. He that hath them cum Teſtamento annexo is obliged to pay the Legacies as far forth as an Executor.—p. 445. §. 87. How there may be two Letters of Adminiſtration at once in being, and both good.—p, 69, 70. §. ult. They refer to the time of the Inteſtates death, and not only to the time of granting them.—p. 96. §. 6.

Letters ad Colligendum, what the Law is in caſe thereof.—p. 153. §. 4. In what caſes they are to be granted.—p. 93. §. ult. They qualifie for the Sale of Periſhable Goods.—p. 69. §. ult.

Libellers incapable of a Legacy.—p. 206. §. 2.

Life or Lives in Reverſion, Deviſes of ſuch Eſtates.—p. 254, §. 7, 8, 9. Eſtates only for Life Deviſed.—p. 252, &c. A Deviſe to one (not ſaying How long) is a Deviſe only for Life. —Ibid. §. 1. Several Inſtances of Deviſes only for Life.—p. 253. §. 4, 5. A Deviſe for Life only by Implication.—p. Ibid. §. 5.

Limitation, the Deviſe of a void Limitation, is a void Deviſe.—p. 262. §. 4.

Livelyhood, by a Deviſe thereof, and by that word Lands of Inheritance do paſs.—p. 232. §. ult.

Loan of Money Bequeathed at under-intereſt, what Security in that caſe requirable of the Legatary.—p. 326. §. 16.

M.

Madneſs or Inſanity of Mind diſqualifies for Teſtamentification.—p. 11, 12. §. 2. How it may Legally be proved.—p. Ibid.

Marriage-Conditions, how far Matrimonial Conditions may be lawfull or not.—p. 27. vid. Conditions.

Marble Bequeathed, how to be underſtood in caſe Statutes made therewith are Bequeathed,—p. 303. §. 9.

Mares paſs by a Bequeſt of Horſes; not ſo e Contra.—p. 303. §. 10. & p. 441. §. 53, 56.

Materials Bequeathed do not paſs the Ship that is after therewith built; nor doth a Ship Bequeathed paſs the Materials that are after ript therefrom.—p. 303. §. 8.

Meaning, Mind, or Words of the Teſtator, how to be interpreted.—p, 437, 438. §. 8, to 15. & p. 439. §. 27, to 31. Mind or Meaning of the Teſtator any way expreſſed ſufficient for a Legacy.—p. 209. §. 1. & p. 211. §. 6.

Military Teſtaments, their Priviledge.—p. 7. §. 2.

Mill joyning to a Houſe, in what caſe it ſhall paſs by a Deviſe of the Houſe.—p. 294. §. 28.

Minors, Male or Female, at what ages and of what things they may make their Teſtaments.—p, 11. §. 1.

Miſtake in the Legataries Election admits no Rectification or any further determination.—p, 331. §. 12.

Modus & Conditio. the difference between them in point of Deviſing.—p. 215, 216. §. 4.

Moity or the one half is implyed Legally. when a part (not expreſſing what part) is Deviſed indefinitely.—p, 293. §. 23. By a Moity of Goods Bequeathed doth paſs ſo much as was a Moity at the Teſtators death.—p. 282. §. 15.

Money, whether Comprized under the Notion of Moveables or Immoveables.—p. 309, 310. §. 9, 12. By what words it will paſs or not in a Deviſe.—p. 447. §. 98. Divers Law Caſes touching Money-Legacies.—p. 312, to 320. & p. 323, to 326.

Mortgage-Money, to whom payable, whether to the Heir, or to the Executor.—p. 90. §. 2. It is Deviſable though before the day of Payment.—p. 288. §. 3. Mortgages redeemed by Executors are Aſſets in their hands.—p, 120. §. 3,

Mortuary, what? when, where, how much, and in what caſes Payable.—p. 148. §. 12.

Mothers, whether they are next of Kin to their Children.—p. 174. §. 1.

Moveables or Immoveables Deviſed, what ſhall paſs under that Notion.—p, 306. §. 1, to 13. Whether Leaſes, Rents, Bonds or Specialties, paſs by a Deviſe of Moveables.—p, 288. §. 6.

Mute at Tryall, whether Teſtable, and how far.—p, 226. §. 3.

N.

Name of the Legatary not neceſſary, where there is other ſufficient deſcription of the perſon.—p, 227. §. 4. Name miſtaken in what caſe no prejudice.—Ibid. Name loſt by Marriage in what caſe prejudiciall.—p, 235, & 237. §. ult. The force and energy of Names in Deviſes of Land.—p. 297. §. 44.

Nomine poenae, A Legacy ſo Deviſed, and failure made by the Executor, the Legatary may take either the Legacy or the Penalty, but not both.—p, 293. §. 25.

Notes taken from the Teſtator and written, ſuffice for a Deviſe of Land.—p. 6. §. 8.

Nuncupative Teſtament, what.—p, 5. §. 6, Not good for Land.—Ibid, & p, 228. §. 5,

O.

Obligation made after a Contract, diſsolves it.—p, 133. §. 10. what paſſeth by a Deviſe of a Bond or Obligation.—p, 442. §. 64. being Deviſed, they muſt be Sued in the Executors, not the Legataries Name.—Ibid. 321. §. 1. Obligations or Chattels Reall in Right of the Wife as Executrix, not Deviſable by the Husband.—p, 288. §. 4.

Office for Term of years and Saleable, is Deviſable.—p, 309. §. 7 computed among the Immoveables.—Ibid. But a Regiſters Office among the Moveables.—§. Ibid.

Onus Probandi, on whom the Law caſts it in caſe of Dubiety in a Legataries claim,—p. 440. §, 37.

Or] how that word is frequently underſtood for [And] in Deviſes.—p, 299. §. 50. How it ſhall be taken for [And] to Create an Eſtate Taile by Deviſe.—p, 250. §. 10.

Ordinary, he may call Executors and Adminiſtrators to an Accompt—p, 150. §. 1. & p. 168. §. 3. Whether he hath power to take Bond of an Adminiſtrator to diſtribute, &c.—p, 161. §. ult. Whether he may compel the Adminiſtrator to give Filiall Portions.—p. 168. §. 2, 3. In what caſe the Ordinary is Suable for the Debts of the deceaſed.—p, 130. §. 6.

Ought] Of what force that word is in ſome caſes of Deviſes—p, 326. §. 14.

Out-lawed Perſons, in what Senſe Teſtable or not.—p, 21, 22. §. 8, 9, 10. They are incapable of a Legacy.—p. 207. §. 2. The Qualifications thereof.—Ibid. If Out-lawed only in a Perſoſonall Action they are Teſtable as to Lands, but Inteſtable as to their Goods and Chattels.—p. 226. §. 3. Out-lawed Executors may have their Actions.—p. 101, §. 4. Whether Out-lawry in the Teſtator be any Plea for his Executor in Barre of Debt.—p. 110, 111. §. ult.

Oxe Bequeathed, in what caſe the Legatary cannot pretend ſo much as to his Hide.—p, 305. §. 18.

P.

Parents, whether they be next of Kin to their Children.—p. 174. §. 1.

Pariſh Church to be repaired, and Money for that end Bequeathed, (without expreſſing how much) not void for uncertainties.—p. 315, 316, §. 15. Money Bequeathed indefinitely by the Teſtator to his Pariſh Church (he having Two Pariſh Churches) to which of them is it due.—p. 442. §. 70. Deviſes to a Pariſh Church.—p, 444. §. 82, 83.

Pars pro toto, in what Senſe Legally ſo.—p. 447, 448. §. 100.

Part Deviſed, but what part not expreſsed, is a Moiety implyed.—p. 293. §. 23. & p. 310. §. 11. & p. 441. §. 49, 50.

Paying] In what Senſe that word ſhall be conſtrued only as a Limitation, not as a Condition.—p. 267, 268. §. 5.

Payment not full, in what caſe Equivalent to none at all.—p. 289. §. 11.

Pious Ʋſes, Teſtaments to that end, their Priviledges.—p. 8. §. 4.

Poor, diſagreement among the DD. touching Legacies to the Poor, in ſuch generall words.—p. 291. §. 18.

Pope, whether he may alter the Wills of Teſtators.—p. 149. §. 107.

Portion of Goods (not expreſſing what proportion) Bequeathed, ſignifies … M…ity.—p. 447. §. 100.

Portions, or Filiall Portions; the Law in that caſe.—p. 167, &c.

Poſſibilities in Expectation are Deviſable, as well as Poſseſſions in Actual Demeſ…es.—p, 311, §, ult.

Preſentations void, not Deviſable.—p, 288, §, 5. To whom belongs the Preſentation in caſe of Inteſtation.—p, 82, §, 6.

Priſoners, In what Senſe ſaid to be Inteſtable or not.—p, 15, §, 3.

Priviledged Teſtaments, what; the ſeverall kinds thereof.—p. 7, §, 1.

Probate of Teſtaments, the Law thereof; when, where, how, by and before whom, with the Fees thereof.—p. 35, &c. In what caſe the Executor may be compelled to Prove the Will, notwithſtanding his former refuſall, and thereupon Letters of Adminiſtration granted to another.—p. 165, §, 2. What Proof Requiſite for the Probate of a Will.—p. 40. &c.

Prohibition, in what Caſes it doth not lie.—p, 113, §, 7. In what Caſes touching Lands Deviſed to be Sold, a Prohibition may lie or not.—p, 275, §, 9. It doth not lie in caſe of the Husbands Releaſe for the Wives Legacy.—p. 282, §, ult.

R.

Recovery by Fraud againſt an Executor, no Plea in Barre to a juſt Debt.—p, 108, 109, §, 7.

Refuſalls to Prove the Will.—p, 39, 40, §, 6. How to Proceed in caſe of Refuſall of Executorſhip.—p. 91, 92, §. 1. It is no abſolute Barre to a Subſequent Adminiſtration.—p, Ibid. §, 3. It may be done by a Letter Extrajudicially, as well as by a Judiciall Act.—p, 93, §, ult. How Refuſers to Adminiſter may yet afterwards be admitted or excluded.—p. 163, §. ult. Refuſall in one to take by a Deviſe, ſhall not prejudice him in Reverſion or Remainder.—p, 263. §, 9, & 13.

Releaſe or Diſcharge, in what Senſe it may be ſaid to be Bequeathed.—p, 322, §, 3, & p, 439, §, 32. To Releaſe is a good word to Deviſe Lands by.—p, 235, in fin. A Releaſe of Actions by an Adminiſtrator whoſe Letters of Adminiſtration are after Revoked, is void.—p, 216, §, ult. Action for Executors upon a a Releaſe.—p. 103. §. ult.

Remainders and Reverſions Deviſed.—p, 261, &c. What of that kind may be Deviſed.—p, Ibid, §, 1. Remainders and Croſs-Remainders by Deviſe of Eſtate Tail.—p, 252, §, 11. With Implyed Remainders.—Ibid, §. 12. Remainders Entail'd by Deviſe, and by Deed, how they differ.—p, 262, §, 7. Remainders Deviſed to a Church, accrews to the Parſon thereof.—Ibid. §, 8, He in Remainder or Reverſion ſhall not be prejudiced by the Refuſall of him that ſhould take by a Deviſe.—p, 263, §, 9, & 13. How the Iſſue of the Daughters (without naming them) ſhall have the Deviſed Remainder in preference to the Iſſue of the Sons.—Ibid. §, 10. Several Caſes wherein he in Remainder may Deviſe his Remainder.—p, Ibid. §, 13. Reverſion of Land for life may be Deviſed by the Leſſor, notwithſtanding a Feoffment in Fee.—p, 264, §, 16. Remainder of a Rent-charge is Deviſable to one, where the Land out of which it ariſes is Deviſed to another.—Ibid. §, 17. A Deviſe may be good for the Reverſion of a Term, where it is otherwiſe for the Rent.—p, 264, §, 18. Remainder Deviſed may be good, where yet an Eſtate Tail precedes.—Ibid. §, 19. He in Remainder may inſtantly take, where the Deviſee is incapable.—Ibid. §, 20. Remainder may be Deviſed by one to his own right Heirs.—Ibid. §, 21. Reverſion may be Deviſed by the name of all a Mans Inheritances or Hereditaments.—p. 265, §, 22. Remainder Deviſed to the next of Blood.—Ibid. §, 23. In what caſe Remainder after Remainder makes the former Remainder but an Eſtate for Life.—p. Ibid. §, 24. Remainders Deviſed, what void.—p, 261. §, 2, & p, 262, §, 3, to 6, & p, 264, §, 15. A Hundred Years to come Deviſed for Life, the Remainder over is a void Remainder.—p. 263, §, 11. Remainder in Fee after a Leaſe, Deviſed by him in Remainder, is a void Remainder if the Leſſor Re-enter.—Ibid, §, 12. Remainder after a Fee Deviſed, is Indeviſeable, albeit ſuch Deviſe were but Conditional.—p, 263, §, 14. A Term of Years by way of Remainder is Deviſable, but a Deviſe by way of Entail with remainders over, is void.—p, Ibid, §, 15.

Rents Deviſed.—p, 270, &c. As Deviſable as the Land itſelf.—Ibid, §, 1. They are Deviſable for another mans life.—Ibid, §, 2. Rents iſſuing out of a Common, not Deviſable—§, 3. Several ways of Deviſing Rents.—§, 4. Reverſion of Rents Deviſed upon a falſe ſuggeſtion, a void Deviſe.—p, 271, §, 5. Rent Deviſed, in what caſe the Land it ſelf doth thereby paſs.—p, 138, §, ult. What Rent not Deviſable.—p, 225, §, 2. In what caſe the Rent is due to the Heir, not to the Executor.—p, 103, 104, §, ult. Rent due to the Executors of the Husband of the Tenant in Dower—Ibid. Rent of Land in Fee received by Executors, no Aſſets, becauſe belonging to the Heir.—p, 85, §, 3. The Land-lords Rent is payable by the Executor for the Ground, whoſe fruit for the Term may be Deviſed to another.—p, 298, §, 46.

Reſidue of a Term is as Deviſable as the Term it ſelf.—p, 258, §, 7.

Reſiduary-Regatary hath an Advantage, when others Refuſe.—p. 291, §, 17.

Retainer of a Teſtators Goods by an Executor to pay himſelf, good—p, 133, §, ult. & p, 149, §, ult.

Reviver of a Will Revoked.—p. 34, §, 1.

Revocations Teſtamentary, the ſeverall kinds thereof.—p, 31, §, 1. Revocations by Marriage.—Ibid, §, 2. Revocation of a Will by a Wife after Marriage, whether good or not.—p. 236, §, ult. Whether Revocation of Adminiſtration may (without any Sentence in Court) be by the Biſhop who granted it.—p, 166, 167, §, ult. Revocations of Legacies and Deviſes.—p, 331, &c. What amounts to a Revocation of a Deviſe of Land.—p, 228, in fin. Severall Caſes in Law touching what ſhall amount to a Revocation or Countermand of a Legacy or Deviſe.—p. 443, §, ult. Four Caſes wherein Legacies are irrevocable.—p, 443, §, 74.

S.

Sale of Lands Deviſed to be made by Executors.—p, 273, &c. with or without the Aſſent of others.—p, 274. §, 5. In what caſe it may or not be by one alone, where there are Two or more Executors.—p, 275, 276, §, 10, 12. How it becomes void for want of ſufficient Authority.—p, 175, §, 11. In what Caſe it may be made by the Executor of the ſurviving Executor.—p, 276, §, 13. It may not be made by Executors refuſing to Adminiſter.—p, Ibid, §, 14. One Executor refuſing, the other may Sell, but not to the refuſing Executor.—p, 139, 140, §, 5, & p, 275, 276, §, 11. In what caſe void, if it be made only by ſome of the Executors.—p, 277, §, 16. The difference between an Authority and an Intereſt in Executors as to the Sale of Lands Deviſed to be Sold.—p, 139, §, 3. In what other caſes it may be made by ſome without the other Executors.—p, 139. §. 4. In what caſe it may be made by the ſurviving Executors.—p, Ibid, §, 5, & §, ult. Whether a Sale of Goods by an Adminiſtrator (pendente Lite) be good or not.—p, 115, §, ult, & p, 116, §, ult, & p, 166, §. ult.

Scire Facias, in what caſes it lies or not.—p. 102, §. ult. & p, 108, to 112, §. ult.

Seale Expedient, not Neceſſary to a Teſtament.—p. 2. Sealing and Subſcription not neceſſary to a Deviſe of Land.—p. 228, §, 5.

Security, in what caſe requirable by an Executor from the Legatary.—p. 319, §, 29, & p. 326, §, 16.

Self-Murderers Inteſtable.—p. 21, §, 7. The Limitations thereof.—Ibid.—vid. Felo de ſe.

Semini ſuo & Sanguini ſuo Deviſed, their difference in Point of Entail.—p. 249, §, 4.

Shall] how that word is taken for [Should] in the Deviſe of a Term.—p. 256, 257, §, 1.

Sheep, Flock of Sheep, Cattle, Herd of Cattle Deviſed; the Law in caſe of increaſe or decreaſe thereof.—p. 304, §, 14, p, 441, §. 58, & p, 448, §, 102.

Shop Deviſed; Chamber Deviſed; the difference of Legal Conſtructions therein.—p, 295, §, 32.

Signs, Becks, or Nodds, whether Legacies may be Bequeathed by ſuch only.—p. 210, §, 4.

Silver Bequeathed, what paſſeth by that word, and under that Notion.—p, 442, §, 64.

Sodomites Inteſtable,—p, 21, §, 6. Incapable of a Legacy.—p, 206, §, 2.

Study, or Library Bequeathed; the Books therein, not the Place where they are, are thereby to be underſtood.—p, 302, §, 6, & §, 59.

Subſcription of the Teſtators name, not abſolutely neceſſary to a Tement.—p, 4, §, 2.

Subſtitutions of Executors, and by Degrees.—p, 52, 53.

Succeſſion, the Praetorian Law therein.—p, 167, 168, §, 1. The Method of Succeſſion by the Laws of this Realm.—p. 169, 170, §, 1. How the Civil Law underſtands it.—p, 170, §, 2. Succeſſion in the Right Line deſcendent.—p. 172, &c. In what caſes to be computed in Stirpes, not in Capita.—p, 172, 173, §, 2. How the Succeſſion goes by the Civil Law, and how by the Common Law, in caſe of Semiſanguinity or the Half. blood.—p, 173, 174, §, ult. Succeſſion in the Right Line Aſcendent.—p, 174, &c. The Method thereof by the Civil Law.—p. Ibid. §, 2. How it ſtands when Collateralls concur with thoſe of that Line.—p. 175, 176. §. 3. Whether by the Civil Law, Brothers and their Children may Concur with their Parents in the Succeſſion.—p, 176, §, 4. Succeſſion in the Line Tranſverſall or Collaterall.—p, 177, &c. Two fold—Ibid, §. 1. Regularly the whole Blood is ever in the Succeſſion to be preferred in the Tranſverſall or Collaterall Line.—p, 177, 178, §, 2. How the Succeſſion runs in caſe of no Children, but Kindred only by the Aſcendent and Collaterall Line.—p, 179, 180, §, 5.

T.

Tenant in Tail may not by Deviſe be Barred from Alienating by a Common Recovery.—p. 248, §, 2. The difference between him and Tenant in Fee as to their power in Deviſing.—p, 288, §, 1.

Teſtament, the true definition thereof.—p, 1. Six Legal Inferences thence,—p, 2. It properly refers to Chattels.—p. 3. what Witneſſes neceſſary to prove a Teſtament.—Ibid. §, 2 It muſt be in Writing where Lands are Deviſed.—p, 4, §. 2 Of Teſtaments Written and Nuncupative.—p, 4. How many ways Teſtaments become void.—p, 29. Who may die with two Teſtaments, and both good.—p, 7. §. 2. In what caſe the latter Teſtament ſhall not null the former.—Ibid. Teſtaments to be more favourably conſtrued than Deeds.—p, 231. §. 5, Whether the Teſtament muſt be ſhewn in Court in Actions brought by Executors.—p. 103. §. ult.

Teſtate and Inteſtate, how the ſame perſon in divers reſpects may die both.—p, 35. §. 3.

Teſtators and Executors, Correlatives as to Chattels.—p. 1. The Teſtators Will is his own Law.—p, 302. §. 4.

Traytors Inteſtable from the time of the Crime committed.—p. 226. §. 3. & p. 20. §. 1. The Limitations thereof.—Ibid. They are incapable of a Legacy.—p. 206. §. 2. The Qualifications thereof.—Ibid,

Trees ſtanding, not Deviſable where the Land is not.—p. 225. §. 2.

Treſpaſs Maintainable by an Adminiſtrator, or by an Executors Executor.—p. 104. §. ult.

Twice Bequeathing the ſame thing to the ſame perſon, when it may Duplicate the Legacy, or not.—p. 440, 441, §. 46.

V.

Villaines, in what ſenſe they are Inteſtable.—p, 14. §. 1.

Uncertain perſons, not capable of a Legacy or Deviſe,—p. 206. §. 2. Uncertaintie deſtroys the Legacy.—p. 227. §. 4. What Conſtructions of Law to avoid Ʋncertainties.—p. 293. §. 24. &. p. 443. §. 75.

Univerſall Succeſſor, Naked Executor, and Particular Legatary; the difference between theſe Three.—p. 289. §. 8.

Void Teſtaments Originally ſuch, or otherwiſe.—p, 29, &c. Void or Voidable Legacies.—p. 332, &c. The true Reaſon why Teſtaments, and the Legacies therein given, ſo often prove ineffectual.—Ibid. §. 1. The ſeverall ways whereby they may become Void or voidable.—p. 333. §. 2. How void originally.—p. Ibid. & 334. §. 3, 4. How by a Change or Alteration of the Property, Subſtance or Form of the Thing Bequeathed, or of the mind of the Deviſor.—p. 334. §. 5. How by an Incapability in the Legatary.—p. 334. §. 6. & p. 341. §. 22. By Fraud Circumventing the Teſtator.—p. 334, 335. §. 7. By Fear terrifying him.—p. 335. §. 8. By Flattery Beguiling him.—p. Ibid. §. 9. By Error in the Name Appellative, or Subſtance of the Thing Deviſed.—p. 335, &c. §, 10. Or in the Perſon of the Legatary.—Ibid. Or in his Quality, if that were the Finall Cauſe of the Legacy.—Ibid. Or by Ʋncertainty.—p. 337, §, 11. By making of a latter Will.—p. 338, §. 12, By a Revocation in Fact or Law.—Ibid. By Ademption.—p. 338, §, 13, to 16, & 19. By Tranſlation.—p, 340, §, 17. Which is Four fold—p. Ibid, & p, 341, §, 18, 21. Or by Falſity charged on the Teſtament by the Legatary.—p. 342. §. 24. Or by Concealment or Cancellation thereof.—p, & §. Ibid. By the Legataries death precedent to the Teſtators.—p. 342, §. 25. Or before Condition performed, or time of Payment be come.—Ibid. Or by the Legataries own Waiver or Refuſall.—p. 443, §, 26. Or by the total loſs and deſtruction of the Thing it ſelf Bequeathed.—Ibid. Or by the Teſtators Alienation thereof, not Revivable without a new and Subſequent Publication.—p. 440. §. 43. It may be void alſo upon the Legataries non-performance of ſome duty enjoyned him by the Teſtator.—p. 445. §. 84.

Uſe or Occupation of a thing is Deviſable for any time, but the thing it ſelf not Deviſable for any time leſs than Forever,—p. 301. §. 1. What Uſes are Deviſable.—p, 288. §. 2.

Uſurers Manifeſt and Notorious, not capable of being Legataries.—p, 206. §. 2.

W.

Wages, Servants Wages, of what kind payable by Executors.—p. 106. §. 2. They are payable before Legacies.—p. 147. §. 10.

Warranty cannot be made by Will.—p. 230. §. 3.

Waſt, what acts do amount to a Waſt, how many ways it may be Committed, and how it ſhall charge the Executor de bonis proprijs.—p. 135, &c. §. 2, 3, 4. Waſt Committed by one Co-executor ſhall not charge another.—Ibid. §. 4.—vid. Devaſtavit.

Wedge of Silver Bequeathed, the Veſſel after made therewith ſhall paſs thereby.—p, 303. §. 8. A limitation thereof.—Ibid.

Wife, her Advantage by the Civil Law, if ſhe lives and dies in her Widowhood.—p, 280, 281. §. 10. If ſhe plays the Whore, ſhe looſes her Legacy.—p, 341. §. 22. Two Wives in Being at once, the firſt only ſhall have the Legacy.—p, 227. §. 4.

Will or Laſt-will, what, relating properly to Land.—p. 2. §. 2. Written without the Teſtators precedent Order or Subſequent Affirmance, void.—p. 237. §. ult. The Will of the Teſtator is a Law to himſelf—p. 302. §. 4. If ſubordinated to the Abſolute Will of his Executor, all Legacies therein Bequeathed are void.—p. 312, 313. §. 3, 4. A Teſtator by making his Executors Will Abſolute, makes his own Will inſignificant.—Ibid. & p, 440, §, 44. The Teſtators Will is Ambulatory to the other world.—p. 341. §. 22. Will Tacite and Implicite in the Teſtator ſufficient to null a Legacy, not an Executorſhip ſo eaſily.—p. 341, §, 23. Wills are capable of Deviſing, what Grants and Deeds are not of Conveying: Or a Man may Deviſe by Will an Intereſt which he could not Convey by any Act Executed in his life time.—p, 258, §, 8.

Wines Bequeathed; a Bequeſt thereof contains the Veſſels which contain them.—p. 448, §, 104.

Woman Covert, in what Senſe Teſtable or not.—p. 15, to 19. Whether the Husband may Compel her to Accept the Executrixſhip; Or whether ſhe may accept it without or againſt his Conſent.—p, 72, §, 1, 2, 5. Or whether he may make himſelf her Executor. vid. Feme-Covert.

Wood, what paſſeth by a Deviſe thereof, or by that Name..—p, 442, §, 62.

Wooll Bequeathed, what is to be underſtood thereby.—p, 441, §, 59, 60.

Words of the Teſtator how to be Conſtrued.—p, 437, 438, §, 8, to 16, & p, 439, §, 27, to 31, & §, 34. They are by Law ever Accommodated to the Teſtators mind and meaning.—p. 255, §, 11. Any Words plainly Declaratory of the Teſtators Intention may ſerve for a Deviſe or Teſtamentary Diſpoſition.—p. 297, 298, §, 45, & p, 317, §, 21, 22, & p, 445, §, 85, 86. Words Comprehenſive are not to be ſtrained beyond a Legal Rationality.—p. 290, 291, §. 16. Generall Words convey more by Implication than Expreſſion.—p. 302, §, 5. Words meerly Enunciative ſignifie little or nothing.—p. 316. §, 17. How the Copulative word [And] ſhall be taken for [That is,]—p. 308, §, 3. How the Disjunctive word [Or] in Deviſes, is frequently underſtood for the Conjunctive word [And.] p.—299, §, 50. How the Word [Or] ſhall be taken for [And] to Create an Eſtate-Tail by Deviſe.—250, §, 10. How the word [Shall] is to be taken for [Should] in the Deviſe of a Term.—p, 256, 257, §, 1. How the Word [All] is to be underſtood in certain Legacies.—p, 311, §, 14. In what Caſe the Word [If] doth not amount to a Condition.—p, 216, §, 5. How the words [If, Untill, So long as] do vary the Senſe. p, 242, 243, §, 72. What the Words [More than this] do ſignifie in a Deviſe.—p, 319, §, 27. Of what force the Word [Ought] may be in ſome Caſes.—p, 326, §, 14. In what Caſes the Words [Have, or I have] ſhall be taken in the Preſent Tenſe.—p, 259, §. ult. In what caſe the Word [Paying] ſhall be Conſtrued only as a Limitation and not as a Condition.—p, 266, 267, §, 5. What ſhall paſs in a Deviſe by the Word [Appurtenances.]—p, 274, §, 6,

Writings, which concern the Inheritance, do belong not to the Executor, but to the Heir,—p. 82. §. 6.

FINIS.

ERRATA.

End of the text · John Godolphin, The Orphans Legacy (1674)