LONDON:
CLARKE, PRINTERS, SILVER STREET,
FALCON SQUARE.
PREFACE.
The utility of a little work of this kind is so obvious, that it needs no other setting forth than that given in the introductory observations with which it opens. It professes only to be a cautious guide, to make men acquainted with their rights, and not a professional assistant to obtain them; for it has ever been the author’s opinion, that there would be less litigation and distrust if there were more knowledge, and more probity if there were more intelligence. A difference rightly explained is half settled, and a mind enlightened is a mind directed as well as sustained; and if the few following pages should make any of the community better informed as to their claims and position, with respect to their deceased relatives, he feels that he will have saved them, and those with whom they have to do, not a little trouble, and perhaps unpleasantry; and that he has contributed to the good-will as well as the information of his readers.
CONTENTS.
| page | |
| CHAPTER I. | [1] |
| Introduction.—Legacies and Legatees | [1] |
| Legacies and Legatees | [3] |
| CHAPTER II. | [9] |
| The Assets | [9] |
| Real Assets | [10] |
| Personal Assets | [15] |
| Legal Assets of Choses in Action | [21] |
| Equitable Assets | [23] |
| Contingent and Dependent Assets | [27] |
| CHAPTER III. | [35] |
| Marshalling of the Assets | [35] |
| CHAPTER IV. | [43] |
| Legacies.—General, Specific, Lapsed, Vested, Demonstrative | [43] |
| General Legacies | [44] |
| Specific Legacies | [45] |
| The Vesting of Legacies | [52] |
| The Lapsing of Legacies | [54] |
| Demonstrative Legacies | [56] |
| CHAPTER V. | [58] |
| Assent to Legacies | [58] |
| Assent of the Executor | [58] |
| Nature of the Assent | [61] |
| Absolute and Conditional Assent | [63] |
| CHAPTER VI. | [67] |
| Payment of Legacies | [67] |
| The Legatees | [68] |
| To whom Legacies should be paid | [73] |
| Duty upon Legacies | [80] |
| Interest on Legacies | [82] |
| CHAPTER VII. | [85] |
| The Ademption, Cumulation, and Abatement of Legacies | [85] |
| The Ademption of Legacies | [86] |
| Cumulation of Legacies | [89] |
| Legacies in Satisfaction of Debt | [90] |
| Abatement and Refunding of Legacies | [92] |
| CHAPTER VIII. | [94] |
| Legacies to Executors, and Legatees’ Remedies against them | [94] |
| Legatees’ Remedy against the Executor | [96] |
| Rates of Duty payable on Legacies, Annuities &c. | [97] |