Succession, if the wife predecease, her share goes to those to whom no succession by affinity; husband and wife do not succeed to jus relictæ and legitim vested without confirmation, ibid. the heir takes no part of the personal succession without colla- except he be sole next of kin, ibid. collation applies to collateral as well as to direct succession, ibid. if all the children release, same as if no children, ibid. advancement of a child to be accounted for before drawing share though children renounce legitim, still entitled to their share of widow takes no share of dead's part, ibid. division only per capita to the nearest in kin, and no represent- full blood excludes the half blood, 378. nearest in kin succeed, if no widow or children, 379. the mother and all maternal relations excluded, ibid. brothers and sisters and their descendants take in preference to uncles and aunts and their descendants take before a grand- the same rule as to the ascending degrees, and their collaterals, succession formerly not vested before confirmation; but by a Table of degrees of kindred, 331. Tacks or leases go to the heir, 308. moveable as to the Fisc., ibid. Testament sometimes means the corpus of the succession, 62. datur persona, curator rei, ibid. Twelve Tables, law of, excluding the mother, obtains in Scotland, Vesting of moveable succession, 382. Villenage formerly common in Scotland, 18. Uncle and aunt. See Succession. Uterine, brother or sister, takes no part in succession, 364. 484 INDEX OF MATTERS OF SCOTTISH LAW. Uterine, brother or sister, Hope's views as to their succession, 364. Widow cannot be prejudiced of her rights by the husband's will, 182. her share of the goods in communion, or jus relictæ, 367. always vested without confirmation, 383. Wife, on her death, her children entitled to her share of the goods can make a will of her share of the goods in communion, 369. York, custom of the province of, was the law of personal succession 485 II. INDEX OF MATTERS RELATING TO THE LAW OF ENGLAND. ADMINISTRATORS when first introduced into the law of England, 28. persons entitled to be, cannot act as such before administration See Probates and administrations. Advancements to children regulated by the statute of distributions, 34. must be brought into hotchpot, 326. same as to grandchildren in certain cases, 327. Adultery. See London Custom. Affinity gives no right of succession, 335. Athon, John de, gloss of, on the legatine constitutions of Otho and Bankruptcy, law of, introduced by 34 & 35 H. 8. c.5., 229. international effects held to belong to it in the British courts, 231. Barrington on Ancient Statutes; his opinion on the ancient books and Bastard, eigné, 17. Blackstone considered the law of reasonble partition to be part of the differed from Sir Edward Coke upon this subject, ibid. Bona Notabilia, what, 249. if in different dioceses, administration or probate necessary in Borough English, heir in, is he obliged to abate for an estate in? 325. Bracton, rules of personal succession when he wrote, 7. Bridgman, Sir Orlando, his opinion in regard to distribution before Brother and sister, and their descendants. share equally with a mother, 330. See Distribution. no representation among collaterals after brothers' and sisters' brother preferred to a grandfather, 335. Canon law not binding in England, if contra jus et consuetudinem Canterbury, province of, personal succession in, regulated by the sta- Capita, succession per Capita, 324. Chattels, 6. Chester, city of, excepted from the operation of the act 4 W. 3. c.2. but the custom had never extended to that city, 47. Children. See Distribution. Choses in action, what, 318. See Husband and wife. Coheiresses shall bring advancements into hotchpot, 324. Coke, Sir Edward, held that the law of reasonable partition was never Collateral kindred, 328. Consanguinity, both by full and half blood, 334. Consistory courts, probates and administrations granted by, 249. Copyhold, heir, must he account for an estate in? 325. Custom. See London; York, province of; Wales. Customary law, specially reserved by statute of distributions, 36. Dead man's part. See London and York, customs of. inaccurately penned, 36. construed by courts of equity, ibid. modelled on the 118th novel of Justinian, 38. applies generally to the province of Canterbury, 319. in Wales, in London, and in the province of York, controlled similar rules in Ireland, in British India, and in the British rules of distribution under, 320. in a case of intestacy the surviving widow takes one third, the if no widow, but children, or representatives of them, such Distribution, in the case of children only, these take per capita; if also 323. ibid. grandchildren take per capita, if all the children be dead, ibid. when in different degrees, the more remote take per stirpes, the heir takes in distribution with the other children, ibid. if no children, but a widow, she takes half of the personal where no wife or descendants, the surviving father takes the if no father, but a mother, she takes an equal share with if no brothers or sisters, or representatives of them, the mother Domicil, in British India, in legal effect, same as a domicil in the East Indies, distribution as if in the province of Canterbury, ibid. ibid. great numbers of, 249. tenacious of their own jurisdictions, 250. probates and administrations in, not valid extra territorium, Election similar to approbate and reprobate in Scotland, 219. distribute residue according to the statutes, ibid. Executor, formerly entitled to residue not disposed of, 39. alteration on this rule by 11 G. 4. and 1 W. 4. c. 40., ibid. made trustee for those entitled under the statutes to any resi- Father surviving, where no wife or descendants, takes the whole per- Feme covert, administration of her goods belongs to her husband, 37. Fitzherbert's natura brevium, rules of the ancient law of personal Fleta, rules of personal succession by, 7. Foreign probate or administration of no authority in England, 305. |