ADVERTISEMENT TO THE AMERICAN EDITION.

THE Author of the following highly finished and extensive treatise has not addressed any thing by way of preface to the profession in England, in relation to his motives or design in compiling it. But every lawyer who will compare this treatise with previous works on the same subject, must readily discern its superior value and merit. To avoid detaining from the profession in this country a work so long needed and desiderated, it was committed to the printer almost immediately after its arrival here, and the editor was induced to undertake the task of annotating it during its progress through the press. When it is mentioned that but two months were consumed in producing the present impression of the author's volumes, and that the editor contributed his notes during that space of time, amidst the cares and distractions of professional avocations, he trusts that these circumstances will operate as his apology for not having accomplished

more.

The Addenda of references and cases, decided or published after Mr. Williams's work had been struck off, and subjoined by him at the end of the second volume, have been incorporated into his pages in their appropriate places, according to his several directions.

Philadelphia, October, 1832.

TABLE OF CONTENTS.

PART THE FIRST.

OF THE APPOINTMENT OF EXECUTORS AND ADMINISTRATORS.

BOOK I.

OF THE ORIGIN OF WILLS OF PERSONAL ESTATE: AND OF THEIR NATURE AND

INCIDENTS.

CHAPTER I. Of the Origin and Progress of Wills of Personal Es-

tate. p. 1.

II. Of the Nature and Incidents of Wills and Codicils of

Personal Property. p. 6.

BOOK II.

OF THE MAKING, REVOCATION, AND REPUBLICATION OF WILLS OF PERSONAL

ESTATE.

CHAP. I. Who is capable of making a Will of Personalty. p. 10.

Sect. 1. Persons incapable from want of Discretion. p. 13.

2. Persons incapable from want of Liberty or Freewill. p. 34.

3. Persons incapable from their criminal Conduct. p. 45.

CHAP. II. Of the Form and Manner of making a Will or Codicil.

Sect. 1. Of Witnesses to the Publication of Wills and Codicils of

Personal Estate. p. 47.

2. Of the Signature by the Testator. p. 49.

3. The Form of a Will. p. 54.

4. The Language of a Will. p. 56.

5. Of the Materials with which a Will may be written, and of

the Person who may be the Writer. p. 57.

6. Of Nuncupative Wills and Codicils. p. 58.

CHAP. III. Of the Revocation of Wills of Personalty.

p. 65.

Sect. 1. Revocation by Cancellation or Obliteration. p. 67.

2. Revocation by a subsequent Testamentary Disposition. p. 78.

3. By express Revocation. p. 89.

4. Revocation by the Republication of a prior Will. p. 91.

5. Presumptive or Implied Revocation. p. 91.

CHAP. IV. Of the Republication of Wills.

Sect. 1. How a Will of Personalty may be republished. p. 103.

2. Of the Consequences of Republication. p. 108.

BOOK III.

OF THE APPOINTMENT OF EXECUTORS, AND THE ACCEPTANCE OR REFUSAL OF

THE OFFICE.

CHAP. I. Who is capable of being an Executor. p. 113.

II. Of the Appointment of Executors-by what words Execu-

tors may be appointed. p. 123.

III. In what ways the Appointment of Executors may be qua-
lified. p. 129.

IV. In what cases the appointed Executor may transmit his

Appointment. p. 133.

V. Of an Executor de son tort.

p. 136.

VI. Of the Executor's refusal or acceptance of the Office.

Sect. 1. When and how the Office may

be refused. p. 147.

2. The Consequences of Renunciation by an Executor. p. 154.

BOOK IV.

OF PROBATE.

CHAP. I. Of the necessity of obtaining Probate in the Ecclesiastical

Court, and therewith of what an Executor may do be-

fore Probate.

Sect. 1. The Will must be proved in the Ecclesiastical Courts. p. 157.

2. What the Executor may do before Probate. p. 159.

CHAP. II. In which of the Ecclesiastical Courts the Will is to be

proved, and herewith of Bona Notabilia.

p. 166.

CHAP. III. Of the Manner of obtaining Probate, and the Practice of

the Ecclesiastical Court with respect thereto.

Sect. 1. By whom the Will may be proved. p. 185.

2. When the Will is to be proved. p. 186.

3. Proof of Wills in Common Form. p. 188.

4. Proof of Wills in solemn Form or per Testes.

5. Evidence in Testamentary Causes. p. 195.

p. 192.

6. Of the Probate of Wills of Foreigners, &c., and of British

Subjects resident out of the Jurisdiction of the Court. p. 204.

7. Practice of the Spiritual Court in certain other Particulars

as to granting Probate. p. 208.

8. Of Mandamus to compel Probate. p. 214.

9. Of what Instruments Probate is necessary. p. 215.

CHAP. IV. Of the Making and Probate of the Wills of Seamen and

Marines. p. 218.

BOOK V.

OF THE ORIGIN OF ADMINISTRATION, AND OF THE APPOINTMENT OF ADMINIS-

TRATORS.

CHAP. I. In what Court Administration must be taken out; and

therewith of what may be done by the Administrator

before Letters of Administration are granted.

Sect. 1. In what Court the Letters of Administration shall be ob-
tained. p. 236.

2. What

may be done by an Administrator before Letters of

Administration are granted. p. 239.