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manner as to render the work a perspicuous and interesting manual, as well of the principles as the decided cases, both for the student and the practitioner.
We have not attempted to refer to every case, even in the English Reports; but have contented ourselves with giving the present state of the law, and tracing the history of its development, by the decided cases, so far as seemed desirable, either for accuracy or instruction; and we trust the profession will find it an accurate and reliable statement of the law, and especially the English law, upon the topics discussed.
We have endeavored to embrace, in the two Parts of the work, all the topics discussed either in Jarman, Williams, or Roper, so far as applicable to the American practice. In doing so, we have necessarily felt compelled to abbreviate the discussion of some of the less important of those topics, but not, we trust, in such a manner as to render it obscure or unsatisfactory.
In regard to the American Decisions, we have intended to present them, to such an extent, upon all controverted questions, as to afford a clear indication of their direction and results. And in regard to some of the older states, whose jurisprudence has served the purpose of a leader and guide to those states whose origin is more recent, we trust our analysis of the cases will be found nearly complete upon all the important topics discussed. But when it is considered that probably more than a hundred volumes of American Law Reports are published annually, all professing to follow in the same line of precedent with the English Common Law, and thus presenting the same
point in different states, year after year, and all the same way, it could answer no good purpose to encumber the pages of a law book with a constant multiplication of citations upon points never controverted. Unless, therefore, where some conflict existed in the English decisions; or else, where the rules of the English law were regarded inapplicable to our circumstances and condition, or were evidently founded in misapprehension or false constructions; unless, in one or other of these exceptional views, we have not regarded it important to multiply references to cases throughout the country. But we believe our citation of American Cases will be found entirely satisfactory to the profession, as showing the present state of the law in the several states.
We have had to rely, to a considerable extent, upon the assistance of others in the collection of American cases, and in the verification of the references upon the proof-sheets; but we have such confidence in the accuracy and faithfulness of those who have given that aid to our labors, that we believe few inaccuracies will be found upon these points.
In conclusion we can only say, that if the work should prove as useful to the profession as it has been laborious and difficult in the preparation, the author will feel that he is amply repaid; and he will, in any event, have the consolation of having attempted to produce a good book upon an important subject, and in a field hitherto but little occupied by American law writers.
I. F. R. Boston, May 1, 1866.
ANALYSIS OF THE CONTENTS.
THE PROBATE OF WILLS.
PRELIMINARIES TO THE PROBATE.
1. The death of the testator is requisite to give the court of probate juris
diction D.I. The modes of establishing this proposition. Presumptions of survi
Torship 2 The will should be presented for probate in the shortest convenient
time 3. The executor should prove the will, or produce it and resign his trust 12. Discussion of the early English practice upon these points 4. Any person interested, or who believes himself interested, may petition
for citation to have the will brought into court 2. 3. The court may appoint an administrator ad interim 5. Any one having custody of will may be cited to produce the same 2. 6. An attorney or solicitor can have no lien upon will 6. Mode of proving lost wills 2. 11. Cautions in regard to admitting such wills, except apon clear proof 7. Where will is purposely soppressed, legatees may have redress in equity . 8. AD papers referred to in will to be deposited in registry of probate 1. 14. Original will may be taken out of registry by order of court 9, and n. 16. Courts of equity will not assume or control the probate of
wills, but will set aside probate fraudulently obtained
5 5 6
8 10 10
JURISDICTION OF MATTERS AFFECTING THE SETTLEMENT OF ESTATES.
1. The primary probate jurisdiction is in the place of the domicil of de
2. No one can justify interfereing with the estate, except by letters testa-