been granted, as far as the same have come to the knowledge of such executor or administrator; and where the affidavit or affirmation of the facts and circumstances of the trusts shall be made by any other person than the executor or administrator of the deceased, such executor or administrator shall make affidavit or affirmation, that the same are true, to the best of his, her, or their knowledge, and that the property in question is intended to be applied and disposed of accordingly; which affidavits or affirmations shall be sworn or made before a master in chancery, ordinary, or extraordinary, and shall be delivered to the party or parties requiring the same, and shall be sufficient to indemnify and protect the party or parties acting upon the faith thereof; and if any person or persons, making any such affidavit or affirmation as aforesaid, shall knowingly and wilfully make a false oath or affirmation, of or concerning any of the matters to be therein specified and set forth, every person so offending, and being thereof lawfully convicted, shall be subject and liable to such pains and penalties, as by any law now in force persons convicted of wilful and corrupt perjury are subject and liable to. INDEX. ACCOUNT, when to be exhibited before the ordinary, 21: 80. 82. ACTIONS, by administrator, 25. 51–53. when not maintainable, 26, 27. when maintainable, ib. n. on a covenant, 51. n. of debt on simple contract will not lie against executor, 71. n. ADMINISTRATION, general, when granted, 3. of husband's right to, ib. how excluded, ib. n. grant of, to widow or next of kin, 4. may be granted jointly or separately, ib. separate administration preferred, ib. n. order in which kindred are entitled to, 5. 6. where none have legal preference, who selected, 5. n. half blood equally admissible to, 6. durante minoritate, 7. 291. to whom granted, ib. to a creditor, ib. to appointee of the crown, ib. by whom to be granted, 8-15. when letters of issue, 18. oath on taking out, 19. bond and condition thereof, ib. of repealing the grant of, 21-23. when to be granted with the will annexed, 291–294. durante absentiâ, 295. pendente lite, ib. ADMINISTRATOR, cannot act before administration granted, 2. if two, administration survives, ib. 24. interest of, in intestate's effects, 25. 33—43. may distrain for rent, when, 28. 30. his duty in paying debts, 66. ADULTERY, is a forfeiture of dower, 123. but not of a jointure, ib. n. is a forfeiture of share by custom of London, 135. of a child, effect of, 84. only applies to intestacy, ib. n. of heir at law, 85. by lands in borough-english, 86. pro tanto, ib. what shall be, 88. by the custom of London, 135-139. must arise exclusively from personal estate, 136. by the custom of York, 146-150. may arise out of real estate, 146. AFFINITY, doth not entitle to share of intestate's effects, 107. ALIEN, not dowable, 123. not capable of holding lands, ib. may dispose by will of personal estate, 178. ANNUITY, when interest payable on arrears of, 75. to widow when a bar of dower, 169. n. given by will, when first payment to be made, 333. n. administration suspended by, 63. APPRENTICE, how far executor bound to maintain, 76. ARBITRATION, submission to, by executor, effect of, 61. n. ASSETS, what are, 55. different kinds of, ib. ASSETS,- continued. real assets when liable to simple contract debts, ib. n. what shall be assets to make executor or administrator charge- able, 57-63. equitable assets what are, 77. legal and equitable assets how applied, 77, 78. 310. how exempted, 301-303. priority of the application of real, when the personal estate is the marshalling of, in favor of creditors, 310. legatees, ib. as against lands devised, 321-325. descended, 322. not in favor of a charitable bequest, 349, 354. BANK OF ENGLAND, must permit transfer of stock into name of executor, 210. legatee permitted to prove under commission of bankrupt exe- executor becoming so, 289. commissioners cannot assign testator's effects in hands of exe- receiver appointed in case an executor becomes, ib. executor cannot prove under his commission without an order, 290. n. assignees of husband, suing for wife's legacy, must make settle- BASTARD, has no kindred, 104. who is, 105. devise to, when void, 218. may take under a will, where so intended, ib. devise to, before born, good, when, 219, 220. BONA NOTABILIA, what are, 8. BOND, to the ordinary on obtaining administration, 19. on an usurious consideration, 73. n. ex turpi causâ, ib. debts, when to be paid, 71. when heir is chargeable with, 73. BOROUGH-ENGLISH, lands not to be brought into hotchpot, 86. |