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Gavelkind, 17.

German. See Full blood.

Glanvil, rules of personal succession in his time, 5.

the period when he wrote, 13.

Grandchildren, customary law of succession does not extend to, 53.
Grandfather. See Distribution.

Great-grandfather. See Distribution.

shares with an uncle, 336.

Grosseteste Bishop, his epistles to Walter de Ralegh on legitimation
per subsequens matrimonium, 14.

Guardian, can he change the domicil of a ward? 196.

Half blood in England shares equally with full blood, 334.

Heir, under the statutes of distribution, takes with the other children,
324.

Heirlooms, 309.

Hotchpot, advancements to children to be brought into, 324, 325,
326.

Husband and wife; the husband surviving, the whole personal
estate vests in him, 317.

administration to be granted to him for his own use, ibid.

even after his death, if he survive the wife, administration to
be granted to his next of kin, 318.

if the wife survive, her choses in action belong to her, 319.
if she predecease, they belong to the husband or his repre-
sentative, ibid.

Infant, at what age may an infant make a will? 311.
Insanity, guardianship of insane persons, 113, 114, 115.
Intestacy, legal, what, 351.

equitable, what, ibid.

Ireland, law of personal succession in, 55.

Henry III. granted a charter of liberties to his Irish subjects,
bid.

ancient English statutes extended to Ireland by Poyning's
law, 56.

the granting of administrations in, regulated by 28 H.8. c. 18.
Irish stat., ibid.

the English statutes of distribution extended to Ireland by
7 W. 3. sess. 1. c. 6. Irish stat., 57.

the custom of reasonable partition abolished by the same
statute, ibid.

bankrupt law introduced into, by 11 & 12 G. 3. Irish stat.,

229.

Justinian, novel 118., the statute of distributions modelled from, 38.

Kindred distinguished into descendants, ascendants, and collaterals,

Kindred, degrees of, calculated differently by the civil and canon laws,
328.

Leases in England personal estate; in Scotland of a mixed nature,
308.

Legatine constitutions of Otho and Othobon, 9.

London Consistory Court, probate in, effectual as to public funds, 280.
London, custom of the city, doubts raised by the statute of distribu-
tions removed by 1 James 2. c. 17., 49.

protests in the Lords against introduction of the power of be-
queathing by will, 50.

unlimited power of disposing of personal estate by will granted,
11 G. 1. c. 18., 51.

intricacy introduced by the different statutes, 53.

107.

succession of an honorary freeman regulated by the custom,

controls the law of the domicil, 105. 107. 350.

formerly a freeman could not devise the guardianship of his
child, 352.

court of orphans, and orphan-chamber, their former power and
authority, ibid.

now of smaller importance; no orphans under their charge,
354.

mode of proceeding formerly on the death of a freeman, 353.
distribution under the custom, 350.

the custom only takes place in regard to the rights of the
widow and children of a freeman, 355.

division on the death of a freeman, after payment of debts and
personal charges and the widow's chamber; one third to the
widow, one third to the children, remaining third dead man's
part, ibid.

wife of a freeman may be barred or compounded with, 356.
heir shares with the other children, 357.

a child fully advanced takes no share; but no advancement
from real estate, ibid.

a partial advance may be brought into hotchpot, 358.

a child may bar the customary share, 359.

a release operates in favour of the other children, ibid.

grandchildren take nothing under the custom, 360.

customary share of the wife vests on her husband's death, 361.
but the shares of children only when they come of age, ibid.
a wife divorced for adultery takes no share, 362.

a husband attainted of felony, the wife takes under the custom
as a feme sole, 362.

a daughter marrying without her father's consent takes no
share, 363.

custom of, leases for years to attend the inheritance, not assets
under, ibid.

Lunatics, 113, 114, 115.

Lyndwood's Provinciale, 9, 10.

Madox Formulare Anglicanum, ancient deeds in, 20.
similar deeds formerly in use in Scotland, ibid.
Magna Carta of John, rules of personal succession by, 6.
in case of intestacy, ibid.

of Henry III., rules of personal succession by, ibid.
Minor, can a guardian change the domicil of? 196.

at what age can a minor make a will? 311.

Mortgages and securities for money affecting real property, in
England personal estate; in Scotland of a mixed nature, 309.
Mother, her rights under the statute of distributions, further re
gulated by James 2. c. 17. § 7., 37.

on her surviving, where no father, wife or children, but brothers
or sisters, shares equally with them in her child's personal estate,
330.

where also no brothers or sisters, or representatives of them,
she takes the whole, ibid.

propinquity deduced from the mother as well as from the
father, 334, 335.

can she change domicil of her children? 196.

Muier puisné, 17.

Nephew in distribution shares equally with an uncle, 335.
Nuncupative will, case of, 89.

Ordinary, the, in ecclesiastical law, why so termed, 8.

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Orphans in London formerly under charge of the Court of Orphans
353.

Otho, legatine constitutions of, 9.

Othobon, legatine constitutions of, 9.

addressed to the churches of England, Scotland, Ireland, and
Wales, 23.

Paraphernalia of wife, 340. 356.

Personal estate in England does not in all things coincide with
moveable property in Scotland, 307.

Poyning's law, extended prior English statutes to Ireland, 56.
Prerogative courts of the two archbishops in England, their powers
and jurisdiction, 249.

Probates and administrations, expenses of, to be deducted out of the
præcipuum of the estate, 140.

granted by a vast variety of courts in England, 249.

fees paid upon them, 251.

where a wife died, survived by her husband, administration
de bonis non of the goods of the wife, formerly granted to the re-
presentatives of the wife, 274.: now to those of the husband, ibid.

Puberty, age of, 311.

Pur autre vie, estates, 346.

Rationabili parte bonorum, writ de, 26.

Representation in the descending line admitted in the remotest degree,
324.

among collaterals, confined to brothers' and sisters' children,

333.

Ricardus de Lucy, an ancient writer in the law, 14.

Richmond archdeaconry, exorbitant fees on successions formerly
charged there, 251.

Selden states that early English writers adopted much from Justinian,
15.

Settlement, different meanings of, in England and Scotland, 98.
Statutes, English, or relating to England.

12 Ed. 1. (statutum wallia), 41.

13 Ed. 1. c. 19. (Westminster the second), 27.

31 Ed. 3. c. 4. (extortions in proving of wills), ibid.

c. 11. (administrations introduced), 28, 274.

3 H. 5. c. 8. (expenses of probates), 29.

21 H.8. c.5. (regulating to whom administrations to be granted),
274.

27 H. 8. c. 26. (as to real estate in Wales), 42.

34 and 35 H. 8. c. 5. (introducing the law of bankruptcy),
229.

22 and 23 C. 2. c. 10. (statute of distributions), 31.
29 C. 2. c. 3. § 25. (statute of frauds and perjuries
ods of femes covert), 36.

as to

1 Ja. 2. c. 17. § 5. (making the last statute perpetual), ibid.
§ 7. (regulating rights of a mother), 37.

4 W. 3. c. 2. (a general power of testing in the province of
York), 45.

- 7 and 8 W. 3. c. 38. (a general testing power given in Wales),
42.

2 and 3 An. c. 5. (same power extended to the city of York),
47.

11 G. 1. c. 18. (same power given to citizens of London), 51.
31 G. 2. c. 10. (in regard to naval probates and administra-
tions), 251.

6 G. 4. c. 16. (in regard to bankruptcy), 229.

11 G. 4. and 1 W. 4. c. 40. (defining rights of executors), 39.
1 and 2 W. 4. c. 56. (in regard to bankruptcy), 229.

Stephen opposed the introduction of the civil law into England, 14.
Stirpes, succession by in certain cases, 324.

Succession, early rules of, 5.

was then per rationabiles partes, 6.

Suffolk, Duchess of, her case; a mother then held not to be of kin to
her child, 332.

Swinburne, arguments in, for and against the unlimited power of
making a will by a father, 315.

Table of degrees of kindred, 331.

Vesting of a distributive share takes place on the death of the de-
ceased, 336.

different as to an orphanage part under the custom of London,
361.

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uncle shares equally with a nephew, 335.

takes a distributive share with a great-grandfather, 336.

Wales, custom of, little distinctly known in regard to, 41.

unlimited power of bequeathing by will given in by 7 and
8 W. 3. c. 38., 42.

rights of wives and children then existing saved, 43.

rules of distribution by the custom of, little known or discussed,
336.

Walker, Sir Walter, a distinguished civilian, 32.

statute of distributions prepared by him, ibid.

Widow. See Distribution.

See London, custom of.

See York, custom of the province of.

Widow's chamber in London, 256.

Wife.

See Distribution.

See London, custom of.

See York, custom of the province of.

Will, power of disposing of personal estate by, unlimited in England,
52, 53.

the age at which it is competent to make a will of personal es-
tate, 311.

a husband and father may dispose of the whole personal estate
by, 315.

arguments in Swinburne for and against this power, 315.
of a married woman, when competent to be made in England,
316.

formerly not held valid in England unless an executor named,

320.

but courts of equity have long held such a will good, ibid.
Wood states that early English writers borrowed much from the Ro-
man lawyers, 15.

York, custom of the province, over what limits it extends, 44.

doubts introduced by the statute of distributions removed by
1 Ja. 2. c. 17., 44.

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