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York, custom of the province of, unlimited power of disposing of per-
sonal estate by will, granted 4 W. 3. c. 2., 45.: the city of York
excepted, ibid.

power extended to the city of York, 2 and 3 Ann. c. 5., 47.
intricacy introduced by the different statutes, 53.

was the Scottish law of succession borrowed from? 68.
conflicting rules of succession between it and the custom of Lon-
don, 179.

·legislature had a view to the lex loci rei sitæ, when giving power
to make a will in, ibid.

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rules of succession under the custom, 337.

take place only in a case of intestacy actual or legal, 338.

if an executor be appointed he must distribute residue under the
statute, 339.

only takes place in regard to the widow and children of an in-
habitant of the province, ibid.

the dead man's part, what, 340.

distributable solely under the statute, ibid.

widow entitled to her apparel, furniture of her bed-chamber,
jewels, and ornaments of her person, and to one third of her hus-
band's personal estate, 340.: her share may be barred by settle-
ment or agreement, 342.: where barred, is as if she had never
existed, 347.

children and their descendants (but excluding the heir) take
one third, 340.

the child, being the heir, is barred from any filial portion, 343.,
unless there be no other children, 349.

advancement, whether of real or personal estate, bars a child of
a distributive share, 344.

if a widow, and an only child, being the heir, the division is bi-
partite, one half to the widow, one half to the dead man's part,
345.

if all the children be fully advanced, the division is bipartite
between the widow and the dead man's part, 346.: if no widow,
the whole, by the statute, to the child being the heir, ibid.
·leases subject to the custom in some cases only, ibid.
debts distributable by the custom when recovered, ibid.
estates pur autre vie, how distributable, ibid.

a child of full age, may, for a valuable consideration, release the
customary portion, 347.: where children release, it is as if they
had never existed, ibid.

grandchildren or remoter descendants take no customary share,

ibid.

vesting of every share takes place on the death of the intestate,.
350.

4.94

III.

INDEX

RELATIVE TO

MATTERS OF INTERNATIONAL LAW.

ADMINISTRATION obtained in England held to be a title to sue in
Scotland, the administratrix confirming before extract, 262.

a domiciled Scotchwoman had money in the British funds;
one of her children took administration in England for himself
and the other next of kin; confirmation in Scotland was not
necessary to vest the property, 263.

the share of a married daughter, in this case, passed to the
representatives of her husband, ibid.

stock in the British funds belonging to a party residing in
Scotland was sufficiently carried by letters of administration in
England to her son, though he did not obtain confirmation in
Scotland, 267.

a similar decision in another case, 270.

in the case of a Portuguese subject, granted in England to
those having right by the law of Portugal, 291.

of the goods of a French testator, granted in England to the
person entitled by the law of France, though there was an executor
alive, 304.

Administrator. See Executor.

American States, diversity of laws in, 76.

their writers familiar with doctrines of international law, ibid.
not less familiar with the British laws and decisions, ibid.
Approbate and reprobate. See Election.

Arden, Master of the Rolls, recommended an assimilation of the
laws of personal succession in Britain, 172.

Assets, domestic, how affected by foreign probates and administra-
tions, 273.

Baldus, a distinguished civilian, 76.

Bankruptcy, foreign, assignees under an English bankruptcy release
a claim of legitim in Scotland, 136.

English lawyers did not at first admit the comity due to a
foreign banckruptcy, 231.

the lawyers in Scotland also rejected this, 233.

INDEX OF MATTERS OF INTERNATIONAL LAW. 495

Bankruptcy, settled by a train of decisions in England and Ireland to
have operation according to the law of the domicil, 235, 236.

the same thing decided in the courts of Scotland, 236.

assignees of an English bankrupt entitled to recover from an
attaching creditor in Ireland, 234.

foreign trustees entitled to recover from attaching creditors in
England, 235.

where creditors had attached the effects abroad and brought
them to England, the assignees entitled to recover, 236.

assignees of, preferred by the Scotch courts to an English at-
taching creditor, 237.

one who had obtained a certificate in Maryland could not be
sued in England, ibid.

assignees of an American bankrupt preferred to an arresting
creditor in Scotland, 238.

assignees of an English bankrupt preferred to a Scotch creditor
arresting in Scotland, ibid.

where a commission in England and a sequestration in Scot-
land, the prior in date to have the management of the estate, 239.
one who had obtained a certificate in England could not be .
sued in a British Colony, 240.

effects of in England and Scotland not entirely reciprocal, 241.
American courts have adopted a different rule from the Eng-
lish courts, 244.

they prefer the American attaching creditor to the foreign
assignee, 245.

Bank stock, Scotch writers formerly held to be regulated by the lex
loci, 84.

a similar view taken by Pothier, 85.

Bankton had erroneous views of the law of international succession,
83.

Bartholus, a distinguished civilian, 76.

Bastard dying in England, his goods in Scotland held to have be-
come escheat to the crown, 85.

his will made in England, held not to be good in Scotland,
ibid.

does a person born out of wedlock in Scotland, but legitimated
by the intermarriage of his parents, take land in England? 86.
Birth-place, how it affects domicil, 123. 165. 178.

Bonds heritable in Scotland, granted by one domiciled in England,
were payable exclusively out of the real estate in Scotland, 218.
Boullenois, 76.

Bynkershock, his opinions on the succession in moveable and immove-
able property, 80.

Canon law regulated matters of personal succession, 8.

Capacity of persons to make a will, changed on change of domicil,
149.

Comity of nations, in questions of conflict of laws, 77.
Conflict of laws, traces of, in the Digest, 74.

difficulty in deciding cases of, 75.

governed by comity, ibid.

general maxims of, 77.

the heir of the real estate in Scotland not obliged to collate the
personal estate of one domiciled in England, 206.

heritable bond in Scotland granted by one domiciled in Eng-
land, a burden on the heir in Scotland, 209.

the personal representatives in England were to be relieved by
the heir, ibid.

where an English testator gave by his will, inter alia, a real
estate in Scotland, the heir claiming under the will put to her
election, 219.

the heir taking a real estate in Jamaica, held not to be entitled
to legitim out of the personal estate in Scotland without collation
(sed qu. ?), 220.

under a testamentary instrument executed in Scotland, but not
according to the statute of frauds, a testator devised his whole
estate real and personal to trustees, to be divided among his children;
the heir claiming an English estate was put to his election, 226.

by a trust disposition in Scotland a party conveyed his whole
lands and estates heritable and moveable to trustees for certain
purposes, including payment of an annuity to his widow; the
widow put to her election in regard to her claims on a real estate
in the Isle of Man, 227.

Corpus juris silent in regard to international law, 73.

the Roman empire under one body of laws, ibid.

but traces of the lex loci to be found in some cases, 74.
definition of domicil by, ibid.

Degrees of kindred, different ways of computing these by the civil
and canon laws, 329, 330, 331.

Denisart, his opinions as to the succession in moveable and immove-
able property, 80.

Domicil, law of the, regulates the succession in personal estate, 1.
much ambiguity in regard to, in various British families, 3.
how defined in the civil law, 74.

a person in the service of the East India Company acquires an
Indian domicil, 119.

an intention to return to his native country does not alter
this, 123.

123.

soldiers, ambassadors, &c., do not lose their domicils of origin,

law of the, regulates the personal succession in England of a
person domiciled in Scotland, 132.

a Scotsman marries in England, and after a long residence re-

turns to Scotland, his wife and children acquire the rights given
by the law of Scotland, 139.
Domicil, circumstances establishing a domicil in Scotland, 141.

a native of Scotland having resided fifteen years in Jamaica,
and having come to Scotland for the recovery of his health,
and died there in a few months, his domicil held to be in Scotland
(sed qu. ?), 151.

circumstances on which the domicil of a British admiral, by
birth a Scotsman, was held to be in England, 153.

if in England, succession regulated by English law, 162.

of a peer of Scotland, held under certain circumstances to be in
England, ibid.

is it affected by residence, during the lunacy of the party?
163.

a native of Scotland having acquired a domicil in the West
Indies, left it and went to Canada, where he was drowned; found
to have a Scotch domicil (sed qu. ?), 166.

of a peer of Scotland, who lived half the year in England, half
in Scotland, held to be in Scotland, 168.

though two acknowledged domicils, there can be only one for
the purpose of succession, 172.

succession to be regulated by the law of the country where
a party dies domiciled, 173.

places of birth or of death, or situation of property, do not re-
gulate succession, 173. 176. 178.

· forum originis to prevail, until another domicil be acquired,
174.

arises from birth and connexions, ibid.

one in pupillarity, and not sui juris, cannot change his domicil,
174.

ibid.

not changed by one in a military profession, ibid.

where two domicils, lex loci rei sita of no effect, 176.

presumption as to a nobleman's domicil being in the country,

of a mercantile man in town, ibid.

money in the funds, not to preponderate against a family-seat,
177.

case of two equal domicils, how to be decided, 180.

of a seafaring man, fixed by various circumstances to domicil
of origin, 182.

a domicil in India not lost, where a person had returned to
Europe, and died in Scotland, the country of his nativity, 187.

in British India, in legal effect, same as a domicil in the pro-
vince of Canterbury, 189.

will to be construed by the law of the, not of the place where
made, 191.

the courts of, have the right to interpret a testator's will, 193.
which foreign courts will recognize, ibid.

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