Copyright
Fred. (Frederick) Wood.

A digest (alphabetically arranged), of the (a) law or principles and (b) practice (fully detailed), of and in (1) administrations, (2) executorships, and (3) trusteeships respectively .. online

. (page 1 of 49)
Online LibraryFred. (Frederick) WoodA digest (alphabetically arranged), of the (a) law or principles and (b) practice (fully detailed), of and in (1) administrations, (2) executorships, and (3) trusteeships respectively .. → online text (page 1 of 49)
Font size
QR-code for this ebook


il


iiimiii


o If lg« ,fc, - - r - :- c^. r-;i? fP- ". ^. T ^^■■. Pli


\S


■ ■■ ■ '%


\





Illi^iil



;2) PRACTICE THEREIN,



^mmi




UNIVERSITY

OF CALIFORNIA

LOS ANGELES




SCHOOL OF LAW
LIBRARY



if^









':•-'



X^






"*vr-'









• \ - - . TV i - <










N.B. — Vide (1) pages ilL-x., and (2) the "Table of Contents" (on
pages ,vv.-r.vi.') in order to obtain a correct idea of the exact plan of
this work.



A DIGEST

(ALPHABETICALLY ARRANGED),

OF THE

(«) LAW OR PRINCIPLES AND [b) PRACTICE

(FULLY DETAILED),



OF AND IN



(1) ADMINISTRATIONS, (2) EXECUTORSHIPS,

AND

(3) TRUSTEESHIPS

RESPECTIVELY;

EMBODYING THEEEIN {INTER ALIA) THE FOLLOWING SPECIAL

SUBJECTS (NOT CONTAINED IN ANY OTHEE KINDEED

WORK), VIZ. :—

(a) Frauds (a Scheme fob the Prevention of) by (1) administrators, (2) execu-

tors, and (3) trustees respectively, wherein the (a) advantaofes, and {b) objects of
the " Special Eepobts " hereinafter mentioned in par. 24 are fully set forth,
and (c) an explanation is given of the novel system under which, for the protec-
tion of all parties concerned, its adoption is recommended.

(b) Ebports (Solicitor's Special) to (1) next-of-kin, (2) residuary legatees, and (3)

cestiiis que trust respectively, on behalf of, and as to (a) an admor's, {b) exor's,
or (c) tree's management, realization, and distribution (final or intermediate, as
the case may be), of an intestate's or testator's estate.

(c) Subjects (numerous other (1) Ordinary, and (2) Special) hereinafter

Alphabetically Classified in the said Table of Contents.



FRED. VYOOD,

OF THE middle TEMPLE, BARRISTER-AT-LAW
(LATE solicitor).

London :

HORACE COX,

LAW TIMES" OFFICE, WINDSOE HOUSE, BEEAM'S BUILDINGS, E.G.

1894.



T

LONDON :

i'rinted by horace cox, windsor house,
bream's buildings, E.C.



PLAN OR "BIRD'S-EYE VIEW" OF
THE WORK.



" Plan " {cin alphabetically classified) or " hinVs-eye view " of the loork,

embodying therein a "Summary" of the " Contents-Table "

contained on pages xv. to xxi. inclusive.
N.B. — Special attention is called to the "instructions^^ contained in the
4: following paragraphs, viz.: —

1. Arrangement {as to the (a) classified, and (b) unique) of the work:
— vide " Preface, <6c.," par. 3.

2. " Brackets " (as to the matter tvithin) : — the adoption of this
somewhat novel, and, it is trusted, unobjectionable plan, has been
unavoidable, in consequence of the absolute necessity for secur-
ing, as far as practicable, a strictly alphabetical arrangement of
the various subjects herein classified. Under these circumstances,
the matter within brackets must be read 1st, e.g. : —

(rt) " Stranger " (cases wherein admon is grantable to a), 4'C.
will read thus : —

(b) " Cases " wherein admon is grantable to a stranger. It
has been deemed prudent to offer this explanation, in order
to avoid any possible misconception as to the correct reading
of the said matter.

3. Index (the usual) to the contents hereof: — (1) explanation as to,
and (2) justifying reasons for its absence : — Having regard to (a)
the "alphabetically classified headings " before referred to, and (&)
the " ToMe of Contents," the necessity for the usual Index has
been avoided, inasmuch as the two combined form a complete,
efficient, and reliable guide to such contents.

4. References {the marginal) in the " Contents-Table" specify the (1)
pages, (2) paragraphs, and (3) siib-pars. respectively of the text,
and indicate, as directly as possible, the exact position of the

_ subject-matter required by the practitioner.

a 2



-1 r\ I o r n



iv PLAN OR "BTRB's-EYE VIEW " OF THE WORK.

Cnutenis {TahJe of) thereof.

A. (1) Administration to (2) Winding-up, &c. {pars. 1 to 28 incl.) -.

.•omprisino: all the (a) general, and (h) special subjects respectively

contained InTcin.
C. "Contents-Tables" (alphabetically classified), of the several

" .•^periar' subjects herein contained -.—vide F. (" Forms "), pars. 1

/., 11 ///(■/.
CI. Contents ("Procedure" section), &c.
F. "Forms" (mis ^elUineous (a) general, and (i) s])ecial), or prece-

drllts, .*.L-.

P. " Procedure," &C., connected with, and incidental to the (a) general,

and (b) special subjects herein contained.
S. "Statutes" (Schedules of all the principal) referred to herein.
SI. "Statutes" (Schedules of all the principal) whereof "digests"

th'Tt'of are herein contained.

T. (1) Trusts, and (2) Trustees, &c. :—" Summaries," showing

special classifications therein.

(A) Administration, &c., to Winding'-up, &c. :—

1 — Adinini><t ration {the) of ati intestate's personalty : —

1. Bankruptcy (admon. in) of a deced insolvent dr's estate: — Vide
Appendix, on p. 36.

2. Chancery (an ordinary admon of a deced's estate (a) in, and (&)
under the judgment of the) Dn : — Apj). A. 2, pp. 46-51 incl.

3. Grant (a) of letters, &c. : — the general (1) law, and (2) practice
relating thereto, pp. 1-36 incl., pars. 1-138 incl.

4. Lair (the general) relating thereto : — Vide sub-par. 3.

.'». Manatjement {the admors subsequent), realisation, and statutory

distribution of sd personalty amongst the intestate's next of kin.
6. Procedure in the 3 following specified cases, viz. : —

1. Commercial (a large) estate: — 39-43 inch, B., 1-15.

2. Ordinary {an) admon: — 37-9 inch, A. 1, A., 1 — 17.

3. Special (a Solicitor's) admon, on liehalf of an administratrix,
Ac.— 43-45 incl, C. 1-12 incl.

2 — (1) Bankers, and (2) their deceased customers' or depositors' personal
representatives : — forms, law, and procedure. 65-78 incl.

3 — "Cfu<es" (all th.,' recognised "Leading") : — Epitomes thei-eof, (1)
373-80 incl., (2) 461-66 incl. pars. 1-44 incl.

3*1— "Crt«e»" (an alphal)etically arranged Table {"A.") of all the
" cited ") of iinj»ortince affecting, or in any way connected with



PLAN OR "bird's-eye VIEW " OF THE WORK. V

(1) Administrations, (2) Executorships, or (3) Trusteeships
respectively.

N.B. — 36. Cases (Supplemental Tables ("I?") of all the said cited),
arranged under alphabetical " classifications or headings " of the
variants subjects to which they respectively relate. This is a special
feature in the worh, and is not (to tlie best of the author's knowledge
and belief), adopted in any Icindred ivorJc.

4 — (1) " Caidions (special) or Precaidions, and (2) Suggestions'' (not
contamed in any other kindred work), in upwards of 100 alpha-
betically classified (a) general, and (b) special cases respectively.

4a. — " Contents-Table" (refei*red to on the title-page).

5 — Descent of an estate in fee simple in " copyholds." 63, C, 1-3.

6 — Descent of an intestate's realty : — the general " canons " or rules
thereon, &c. : — 63-4, F., 1 — 11a inch

7 — " Directions " (fully detailed practical) or procedure under all existing
circumstances, &c.

8 — " Duties" (all the (1) reciprocal, and (2) other), obligations, remedies,
and rights of an admor, exor, or trustee towai'ds and against their
" beneficiaries, &c."

9 — Evidence adducible and required in numerous specified miscellaneous
cases :- pp. 79-81 incl, A. 1 — 12 incl.

9a — Evidence (the) or ^^ pi-oof " adducible in (1) contentious, and (2) non-
contentious business respectively, in the Probate Division, in support
of, and under numerous specified (a) oi'dinary, and (b) special
cases and circumstances resjiectively : — B. 81-93, pars. 1-48 incl.

10 — (1) Executors, a7id (2) Executorships : — vide " Contents-Table," pars.
12-15 incl.

10a — " Forms " (all the necessary (1) ordinary, and (2) special) or prece-
dents, including many not contained in any other Icindred work : — vide
" Contents-Table," par. " F.," sub-pars. 1-11 incl.

11 — '^Frauds" (a scheme for the prevention of), &c. :— vide title-page,
par. a, and pp. 127-149 incl.

12 — " Goodwill " of a deceased's business : — a summary of the law thereon,
pp. 215-18, par. 39, sub-pars. 1-19 incl.

13 — Insurance (Life) policy-claim procedure (to obtain payment of the
amount assured) : — 150-160 incl.

13a — ^^ Keys (explanatory)," or notes to the references herein contained.

1. Abbreviations (to the) in the table referred to on p. 57, pars.
B. and C, and (2) 3 on p. 436.

2. "References" (the) specified in par. A. (1-5 inch), on p. 461.



vi PLAN OR "bird's-eye VIEW " OF THE WORK.

8. " Statutes {the Admon.) si>ecified on p. 52, Ai:)p. 3, showing tlie
reason for the non-incorporation, in full, in the text, of the vai-ious
statutes whereof " digests or epitomes " are not contained herein.
4. (1) Trusts, and (2) Trustees :— (I) p. 347, KB. (1-2), and (2)
p. 880, par. 6, N.B.

14 — Legacies: — a summary of the law thereon: — 161-9 inch

14'-7 — Legacies to charities, &c. : — the like summary, 170-6.

15 — Letters (private) : — the like summary.

15a — Letters ( (1) ordinary, and (2) special (o) circidar, and (b) other
miscellaneous), itc, referred to in the " Contents-Table," p. xix.
par. 19 : — Schedule thereof.

156 — Letters uTitten " withovf prejudice" : — a summary of the law
thereon.

16 — Management (the), realization, and distribution (final and inter-
mediate), of a deceased's estate : — numerous practical " suggestions "
thereon.

17 — Miscellaneous (79) sections, alphabetically arranged : — 177-241.

17a — Miscellaneous (14) sections, not included under (1) "Cautions," or
(2) "Procedure."

18 — "Mortmain" (the laiv of) or charitable trusts: — a summary
thereof.

19 — "Notices" (numerous miscellaneous (a) ordinary, and (h) special),
reqiiired during (1) an administration, (2) executorship, or (3)
trusteeship respectively : — vide par. " F.," sub-pars. 8-9.

20 — Partnership (a deceased's) : — the (a) law relating thereto, and (b)
procedure thereon, 251-7 incl.

21 — "Pjr/ace«" (sui>plemental), in addition to the " general preface "
hereto, together with an alphabetically classified scliedule of con-
tents in each of the following special cases, viz. : —

1. Bankers, &c., showing the (1) advantages, and (2) objects of this
section of the work: — pp. 65-6, pars. 1-3 (1-4 incl).

2. Frauds (by trustees) preventio7i scheme :—}27 -131, A, B, C, R.
■i. Insurance (Life) claims procedure, tf-c. : — 150.

4. " Reports (Solicitor's Special)," d-c. :— preface to 2nd edn thereof,
266/7.

5. Trusteeships, &c. :— pp. 330-333 incl.

22—" Procedure" ( (a) an alphabetically classified schedule of, and (b)
tlie fully detailed) in, and incidental to 86 (1) ordinary, and (2)
special matters in administrations, exorships, and trusteeships
respectively .— vide " Procedure," supra, par. " P."



PLAN OR " BIRD S-EYE VIEW OF THE WORK. Vll

22a — " iJffeyjfs " (29 special forms of (1) administration, (2) executor-
ship, and (3) miscellaneous) : — 258-64 incl.
23 — "Reports {Solicitors' Special) " to Beneficiaries, i*eferred to in par. h

of the title-page hereto : — 265-318 incl.
24 — Sale of a deceasecV s property : — the (1) law, and (2) procedure there-
on. Appendix S., pp. 319-21 incl.
25 — Stattites (all the principal practical) : — a digest thereof, vide pars.

S., 8 1, and S 2, " Statutes," supra.
26 — Succession {descent of, or) to realty on the oivner's intestacy : — an

alphabetically classified table, showing the same (in 62 illustrative

cases).
27—" Trustee (the) Act, 1893 : "—a digest thereof :— 338-372 incl.
27a — Trustee's (a) obligations, remedies, and rights towards, and against

his cestuis que trust, and vice versa : — 390-466 incl.
27& — Trusteeships ( (1) ordinary, and (2) special) : — the (a) law relating

thereto, and (h) fully detailed i^rocedure connected therewith : —

390-466 incl.
28 — " Winding-up'^ or "closing" and filial distribution of an estate: —

the (1) law, and (2) procedure thereon.

(C 1.) Contents (" Procedure " section) connected with, and inci-
dental to the following subjects ; alphabetically classified " Schedules "
thereof will be fo%md herein : —

1 — Bankers, Sec. : — pp. 67-8, par. B., sub-pars. 1-22 incl.
2 — Frauds "prevention scheme," S:c. : — App. F. 1, D., p. 127, and pp.

128/9, T., pars. l-4a incl.
3 — Insurance (Life) policy-claim procedure, &c.: — 156-7 incl, B., 1-23

incl.

(F) "Forms" (miscellaneous (a) general, and (b) special) or
precedents, &c.

1 — (1) Administrations, and (2) Executorships, vide par. 4 (2).

2 — Banlcers (all the necessary forms of (1) authorities, (2) letters, (3)
notices, (4) receipts, and (5) schedtdes of title-deeds deposited, &c.,
required between (a) admors, (b) exors, and (c) deced's), ^-c. : — Q&-7
A., 1-5 incl.

1. Forms (for) : — vide pp. 68-71 incl, A., 1-3 incl.

2. Schedule thereof: — vide pp. 66-7 incl, A., 1-5 incl.
3 — Executorship (an) : — vide par. 1.

4 — Frauds (by trustees, &c.,) "prevention scheme " : —

1. Forms (for) :— pp. 146-7, 6 (1-6).

2. Schedule thereof :~(l) 127, D., 1-3 ; (2) 142-3, B., 1-4 incl.



viii PLAN OR "bird's-eye view" of the work.

S— Insurance {afire) policy:—" Orders" therefor, 222, 7, 7 a, and 7&.
6 — Insurance (Life) policy claim procedure, &c.

1. Forms {for) -.—{a) 151-6, pars. 1-8 incl, and (6) 158, 11 (3).

2. Schedule thereof -.—150-1, A., a, b., 1-9 incl.

7 — " Miscellaneoxis" forms, applicable to (1) admhiistrations, and (2)
executorships {according to the circumstances of the case) : —

1. Forms {for sd) -.—vide (a) pp. 112 (1) to 126 incl ; (&) 242-48 incl.

2. Schedides (3 separate) thereof -.—{a) 110-112, 1-14 incl ; {b) 242,
l-6a incl. ; (c) 249-50, 1-16 incl.

8 — "Notices {special miscellaneous) occasionally reqidred during {a) an
administration, or {b) executorship respectively : —

1. Forms (for sd) : — pp. 121-4 incl, par. 12 (1-6), and "Notices," &c.

2. Schedule thereof: — p. 249 (2-3), and "Notices," &c., supra.

9 — " Notices" (16 miscellaneous cases wherein formal written) are generally
required as aforesaid.

1. Forms (for sd) : — vide references on pp. 249-50 incl.

2. Schedide thereof : — 249-50 incl, pars. 1-16 incl.
10— ReceijHs {special), &c.— 258-264, 1-18 incl.

11 — " Reports" {Solicitor's Special) to Beneficiaries, &c. : —

1. Forms {for) thereof :—27S-S18, 1-121 incl.

2. Schedule thereof :— 267 -27S, 1-121 incl.

(P.) " Procedure," &C., connected ivith, and incidental to the
following subjects, viz. : —

A. 1. Administration (the) of an intestate's personalty : — 1-64 incl.

B. 2. (1) Banlcers,SM(\. (2) their deced customer's admor, orexors: — B.,

pp. 71-78 incl, pars. 1-22 incl.

E. 2. 3, Executorship {an) Ac. : — pp. 107-9, pars. 1-15 incl.

F. 1. 4. "Frauds hy trustees, d-c. : — Prevention scheme: — 129-149 incl.

5. Goodwill (on the sale of the) of a deced's business: — vide Plati
{ante), par. 12.
I. 6. Insurance (to obtain payment of a life) policy: — vide Plan (ante),

par. 13).
M. 7. "Miscellaneous" matters not herein ' specifically meiitioned: —
177-241 incl.

7a. " Papers ( (1) Estate, and (2) miscellaneous), &c. : — special course

suggested to keep the same in strict order, pp. 213-14,

par. 34, sub-pars. 1-3.

P. 8. Partnership (to (1) adjust, and (2) afterwards obtain payment for

the value of a deced partner's share in the) assets, &c. — 251-257

incl.



PLAN OR ' BIRD S-EYE VIEW OF THE WORK. IX

R. 1. 9. Reports {Solicitors' Special) to heneficiaries, referred to in par h.

of the title-page hereto : — vide pp. 265-318 inch for the necessary

forms from which same can be drawn.

10. Sale of a deceased's (1) personalty, or (2) realty : — 319-21 inch
N.B. 11. Schedule (vide the) of " Procedure " referred to in " Plan "

(ante), par. 22.
T. 12. Trusteeships (1) ordinary, and (2) special), 330-466 inch

13. " Winding-up " (or " closing," and finally distributing a

deceased's residuary estate.

(S.) "Statutes" (alphabeticaUy classified "Schedules'' of all the

principal practical) relating to the follo\ving subjects will be found
herein.

1 — Charities and Mortmain : — 4 amending Statutes I'elating thereto : —

322, B. 1, 1-4 inch
2 — (1) Executorships, and (2) Trusteeships : — 325/6, C, 1-20 inch
3 — '^ Miscellaneoiis " statutes: — 326/7, J)., 1-20 inch

(S. 1) "Statutes" (Schedule of the principal practical) ivhereof
" Digests" are herein contained.
1 — Accidents arising from negligence : — as to compensation recoverable

under "Lord Campbell's Act " therefor :— 328/9, Da., 1-13 inch
2 — Apportionment (statutory) of (1) annuities, (2) periodical payments

of income, and (3) rents respectively : — 329, Da. 1, 1-4 inch
3 — Arbitration (statutory) as to compensation for a railway accident : —

329, Da. Irt, 1-4 inch
4— Charitable Trusts (Recovery) Act, 1891 :— 322/3, 1,1-7 inch
5 — Distribution (Statutes of), &c. : — 52/3, 7, 1-9 inch
6—" Intestates' Estates Act, 1890 " :— 53/4, 10, 1-7 inch
7 — " Investment (Trust Funds) Act, 1889 " : — ss. 1 and 7, unrepealed by

the "Trustee Act, 1893," 335, 11. A. 1 & 7 (1-4),
7a — Investinent (Trust Funds) Act, '89 : — " Observations, &c., thereon,

335-7, par. B., stib-pars. 1.
8 — Mortmain and Charitable Uses Act, '91 :— 323, 2, 1-11 inch
9—" Trustee (ss. 1 a7id 8 of the) Act, 1888," unrepealed by the " Trustee

Act '93 " :— 334/5, T., 1-2 (1-7).
10— Trustees Appointment Ad, 1890:— 324, 3, 1-6 inch
11—" Trustee (the) Ad, 1893 " :— jip. 338-372 inch
llfl — Trustee (the) Act, '93, Amendment Ad, '94 : — vide App. S'2.
12 — Working Classes Divellings Act, '30 (comprising statutory excep-
tions to the " Mortmain Act," referred to in par. 8): — 325,4, 1-6

inch



X PLAN OE " bird's-eye VIEW " OF THE WORK.

(S2.) "Trustee (the) Act, 1893, Amendment Act, 1894"

(s. 5).

X.B. — Strictly, this Act should have been incorporated in the text after the
digest of the " Trustee Act, 1893 " (jh 372), hut (as it only received
the Royal Assent on the 18th June last), circumstances have rendered
th is impracticable.

I— Amendment of s. 44, of " T. A., '93 ":— after "trtistee" in 1st 2
places where it occurs shall be inserted the words " or other person "
(s. 3).

2 — Ireland {extension to) of the powers conferred on the High Ot in
England by s. 41 of " T. A., '93," to make vesting orders as to all
(1) land, and (2) jjersonal estate in Her Majesty's dominions except
Scotland, are hereby («) conferred upon, and (fe) exerciseable by
the High Ct. in Ireland (s. 2).

3 — Liability (trustee's) in case of change of character of investment : — he
shall not be liable for breach of trust by reason only of his con-
tinuing to hold an invt. which has ceased to be an invt. authorised
by the (1) general law, or (2) trust-instrument (s. 4).

4 — Repeal in s. 30 of " T. A., '93," of the words: — " as beir, or under
the will of a deced. person, for payment of whose debts the judg-
ment was given, or order made " (s. 1).
(T.) (1) Trusts, and (2) Trustees :—«^#«fee/ica% classified

"Contents Table'' (or " Smmnaries") thereof, showing the following,
viz. : —

1 — " Trustee (the) Act, 1893 " : — (a) the several cases wherein, and (b)
tunes when the therein specified sections thereof are (1) applicable,
and (2) inapplicable respectively : — 338-9, Nos. 1-17 incl.

2—" Trustee Act, '93 " :— (1) section thereof, (2) pages, and (3) subject-
matter respectively -.—(a) 339-44 inch, Nos. 1-39 incl. ; (b) 380-90,
Nos. l-lU7a incl.

^—''Trustee Act, '93 ":—" Repeals ' thereunder; 345-6, Nos. 1-33
incl.

4r— Trusteeships (Supplement" to) &c. :— (1) No., (2) page, and (3) page
in 1st Index :— 431-6 incl. Nos. 1-53 incl.



REFACE, &c.



Contents (alphabeticaUy classified Schedule of the) thereof.

1. Abbreviations (intelligible) herein: — 2.

2. Arrangement ( (a) classified, and (b) unique) of the work : — 3.

3. Goodwill (Mr. C. E. Allan's summary of the law of) : — 4.

N.B. — 4. "Headings"' {alphabetical) under which, so far as practicable,
the various subjects hei'ein have been classified: — Correct mode of
reading same, &c. ; — vide " Explanatory -Key " thereto.

5. Index ( (1) explanation as to, and (2) justification for the absence
of the " usual ") to the contents hereof : — vide sd "Explanatory-Key."

6. Object (the princijjal) of the -work : — 6.

7. Observations (general) thereon: — 1.

8. Originality (extent to which) of matter in the work is claimed : — 7.

9. Professional criticism, &c., as to the necessity for the work :— 8.
N.B. — 10. " References " given by "figures " ; — for explanation thereof^

vide " Explanatory -Key, c§c."

11. " Statutes " (abstracts of the principal practical) epitomised herein :
— explanation as to same.

1. Observations (general) : — In the hope that this handy " Digest " may

be found serviceable to the profession, I have endeavoured to set forth as
clearly and concisely as possible, a resume oi the important and numerous
duties which are (1) of the most frequent and practical importance, and
(2) required of an Admor, Exor, or trustee in the fulfilment of his
onerous and lesponsible position, which latter is oftentimes, from com-
plications arising from the disordered state of deced's affairs, surrounded
with grave difficulties, and hemmed in with dangerous pitfalls, exposing
him to great risk of personal liability, by reason of his, perhaps, innocent
departure (through an imperfect knowledge, or sheer ignorance), from
the strict letter of his " representative duties," in either of the said capa-
cities.

Upon the well-timed discretion which he (acting under professional



xii PREFACE, ETC.

guidance), exercises, frequently depends the successful management and
realization of the estate with the distribution whereof he has been
entrusted, either as (1) an Admor (the law's appointee), or (2) Exor
(the testator's trusted nominee).

New difficulties are continually arising, and it is, therefore, of the
utmost importance that all persons Avho are, in any way, connected with,
or interested in, the management, realization, and distribution (inter-
mediate or final), of an estate, should keep themselves posted up to date,
by acquiring a minute knowledge of the law and practice affecting this
special subject, and I shall, therefore, be gi-ateful, if the varied practical
details, hints, and recommendations herein contained will aid (even if
only in a limited degree), (1) in guiding its readers aright in the accum-
phshment of the important and special objects for which they are
intended, and (2) becoming of personal assistance, in serving as a com-
plete book of reference, to those who have had previous experience and
knowledge of the duties, &c. (oftentimes suddenly devolving upon
them), appertaining to an Admorship or Exorship, and (3) in assisting
young solicitors, at the outset of their professional career, to ascertain, at
a glance, what are an Admor's or Exor's (a) prescribed statutory powers,
and (6) relative duties and obligations, and (c) how he may best
efficiently exercise the one, and (d) satisfactorily and strictly perform
the other, in accordance with the existing law and practice affecting the
very important and comprehensive subject upon which this work pro-
fesses to treat.

I scarct4y need mention that the work is simply intended as a
succinct and jjractical digest of the said law and practice, and it is not,
in the slightest degree, intended to claim for it (1) any pretension what-
ever to the position of an indisputable and recognised authority, or (2)
to rank it as an equally valuable exponent of the subject with the
various excellent treatises already published thereon, notably the very
valualjle and exhaustive treatise by the Hon. Sir Roland Vaughan
WillianiH, a Justice of the High Court, which has recently passed into
a ninth edition.

'2. " Ahlirrriitiid/Di " (iiiielliyihlt) herein: — It will be readily observed
that a very rare, and (it is feared), bold innovation, and unusual, and
possibly objectionable departure from the course commonly adopted in
the compilation of a legal work, has been made in the way of numerous
abbreviations in the text, but it is sincerely trusted that (1) they will be
(juickly understood, and rendered thoroughly intelhgible ; (2) that no
serious difficulty or " sore trial of the reader's patience " will be expe-



Online LibraryFred. (Frederick) WoodA digest (alphabetically arranged), of the (a) law or principles and (b) practice (fully detailed), of and in (1) administrations, (2) executorships, and (3) trusteeships respectively .. → online text (page 1 of 49)