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THE

LAW'S DISPOSAL

OF

A PERSON'S ESTATE,

WHO DIES WITHOUT WILL OR TESTAMENT.

CHAPTER I.

BY

OF INTESTATES.- OF ADMINISTRATION:-WHY IT SHOULD BE OBTAINED; AND WHO ARE ENTITLED THERETO. WHOM IT IS TO BE GRANTED. THE METHOD OF OBTAINING IT. HOW THE SAME MAY BE REVOKED.

THERE are divers

SECTION I.

Of Intestates.

kinds of intestates.

:

One that

makes no will at all; another that makes a will and executors, and they refuse to act: in this case he dies quasi intestatus ; that is, as if intestate. But this latter is not that kind of intestacy here intended for in this case the law does not dispose of the estate; as here administration is to be granted cum testamento annexo, that is, with the testament annexed; and then the duty of the administrator is very little different from that of an executor b; he being to adhere to the testament, which is to be his guide in disposing of the estate and effects of the deceased. But as the former is that which is here intended, we shall briefly take notice of the distinction Wentworth makes between a will and a

2 Inst. 397.

b

2 Black, Com. 504.

B

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