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A42378 Ars clericalis, the art of conveyancing explained being a collection gathered with great care and industry, out of the many books of the law : wherein the nature and effect of such deeds and instruments, by which lands are conveyed from one man to another, are clearly demonstrated : also the forms and orderly parts which ought to be observed in deeds and conveyances are laid open and explained / by R.G., Gent. Gardiner, Robert, 17th/18th cent. 1690 (1690) Wing G237; ESTC R7552 68,701 194

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equal part with the other Children notwithstanding c. That by the Statute 22 23 Car. 2. The Ordinary is impowred to call Administrators to an account for the Intestates Goods and what remains clear after Debts Funerals and just Expences allowed is to be distributed as followeth One part to the Wife of the Intestate and all the residue by equal Portions to and among the Children of the Intestate and such Persons as legally represent such Children other than such Child or Children who shall have been advanced by the Intestate equal to the share as shall come by such Distribution to the other Children After the Intestates Debts c. paid the Remainder to be distributed to the Wife and Children if the distribution amount to more apiece than the advanced Child or Children had then they must all be made equal and if no Children then one Moiety to the Wife and the other to the next of Kin in equal degree but not to any Collaterals after Brothers and Sisters Children If no Wife Exception If no Wife all to the Children If no Children to the next of Kin with some Cautions then equally to the Children If no Children then to the next of Kin in equal degree to the Intestate and their legal Representatives as aforesaid and not otherwise No distribution to be made till after a Year after the Intestates death and every Person who is to have a share must give Bond with sufficient Sureties to refund a ratable part of such Debts as shall afterwards be sued for and recovered or otherwise duly made to appear to enable the Administrator to pay them with the Costs c. This Act not to prejudice the Custom of London or other Customs peculiar to other Places c. See the Statute And by the Act 29 Car. 2. No Probate or Letters Testamentary of a Nuncupative Will Probate of a Nuncupative Will. shall pass the Seal till fourteen days after the Testators death nor any Nuncupative Will received to be proved till Process first is sued to the Widow or the next of Kin to call them in to contest the same if they please The Act not to extend to married Women but their Husbands may have Administration as before And by this Act it is further explained That the former Act for setling Intestate Estates shall not extend to Feme Coverts Women that are married that shall die Intestate but their Husbands may have Administration and enjoy their personal Estates c. as before And touching all these Matters concerning Executors and Administrators you may read more largely in the Book called The Office of Executors Property by Legacy Is When a Man maketh a Will and Executors and by that Will giveth a Legacy The Executor must assent to the Legacy he to whom such Legacy is so given must have the assent of the Executors or one of them to have that his Legacy yet the property of that Lease or Goods bequeathed unto him is said to be in him but he cannot enter and take such Legacy without the assent of the Executors Or the Legatee shall not have it or one of them because the Executors are charged to pay Debts before Legacies and if they assent to pay Legacies first they shall pay the value of them to the Creditors out of their own Goods if there be not otherwise sufficient to pay the Debts Debts must be paid before Legacies 32 H. 8. 21 E. 4.21 94 E. 1.90 37 H. 6.30 2 H. 6.16 What Debts before Legacies And this is to be understood of Debts due by Record or to the King or upon Bond or Bill sealed or for Arrearages of Rents or for Servants or Workmens Wages and also of Debts by Shop-Book Yel 55 56 57. Owens Rep. 56. Cro. 1.59 Co. Lit. 53. Dyer 114. 3 Bulst 235 236 or by Bills unsealed or Contracts by Word for before them the Legacies are not to be paid for it is now out of question Co. Lit. 9. fol. 88. b. Doctor and Student Li. 2. cap. 10 and 11. though formerly much controverted 'T is said If the Executor doubt he shall not have enough to pay every Legacy he may pay which he will first Executor may pay which Legacy he will first but he may not sell a special Legacy of a Lease or of Goods in Kind to pay a Mony Legacy Exception but he may sell any Legacy he will to pay Debts if he have not enough besides Que●e of this Note If a Man make a Will Will without Executor how to be proved and make no Executor the Ordinary is to commit the Administration cum Testamento annexato with the Will annexed and take Bond of the Administrators to perfo●m the Will See Wentworths Executor f. 4 5. and he is to perform it in such sort as an Executor should have done if he had been named Plow Com. 185. And what hath been said concerning Executors Administrators c. shall here suffice there being several Books now Extant which treat of the Duty of Executors and Administrators c. FINIS A Catalogue of some Books Printed for Thomas Basset at the George in Fleetstreet 1. THE Great French Dictionary in two Parts the first French and English the second English and French according to the Ancient and Modern Orthography Folio 2. A New French Grammar or a New Method for learning of the French Tongue To which is added for a help to young beginners a large Vocabulary and a store of familiar Dialogues in 8 vo 3. Novel Methode pour appendre l'Anglois avecune Nomenclatur Francoise Angloise 8 vo 4. The Grounds of the French Tongue or a New French Grammar according to the present use and Modern Orthography digested into a short Essay and acurate Method with a Vocabulary and Dialogues 8 vo 5. A short and easie French Grammar fitted for all sorts of ●●●●●rs according to the present Use and Modern Orthography of the French with Reflections upon the ancient use thereof 8 vo 6. The present State of Denmark 8 vo 7. A short Dictionary French and English and another English and French the Third Edition These seven written by Gay Meege Gent. The Theatre of the Empire of Great-Britain presenting an exact Geography of the Kingdom of England Scotland Ireland and the Isles adjoining as also the Shires Hundreds Cities and Shire-Towns within the Kingdom of England and Principality of Wales with a Chronology of the Civil Wars in England Wales and Ireland together with a Prospect of the famous Ports in the World viz. Asia Africa Europe America with these Empires and Kingdoms therein contained viz. Grecia Roman Empire Germany Bohemia France Belgia Spain Italy Hungary Denmark Poland Persia Turkish Empire Kingdom of China Tartaria Summer Islands c. by John Speed Folio Le Beau Pledeur A Book of Entries containing Declarations Informations and other select and approved Pleadings by Sir Humphry Winch Knight sometime one of the Justices of the Court of Common-Pleas Folio The History of the Romish Treasons and Usurpations the second Edition by Henry Foulis B. D. The History of the World in five Books by Sir Walter Rawleigh Knt. whereunto is added in this Edition the Life and Trial of the Author Folio Tracts written by John Selden of the Inner-Temple Esquire the first Entituled Jani Anglorum Facies altera rendred into English with large Notes thereupon by Redman Westcot Gent. The second Englands Epinomis The third of the Original of Ecclesiastical Jurisdictions of Testaments The fourth of the Disposition or Administration of Intestates Goods Folio A General Chronological History of France beginning before the Reign of King Pharamond and ending with the Reign of King Henry the Fourth by the Sieur de Mez●ray Historiographer of France translated by Jonh Bulteel Gent. Folio Les Reports des tres Honourable Edward Seigneur Littleton Baron de Mounstow Custos de le Grand Seal Folio Catalogue of Common and Statute Law Books Grotius his three Books of War and Peace Englished by William Euats B. D. Folio Formulae bene placitandi A Book of Entries containing variety of choice Precedents by Will. Brown Folio Lord Bridgman's Conveyances the second Edition with large Additions Folio The Ten Volums of Year Books with new References Folio Officina Brevium A Book containing Forms of Writs Folio Thesaurus Brevium the second Edition Folio Chaucers Works Folio History of the Seven Champions 4 to Callis's Reading on Sewers the second Edition inlarged 4 to Sheppard's Grand Abridgement in 4 to The Compleat Planter and Cyderist the Art of Pruning Trees 8 vo Poems on several occasions by Charles Cotton Esquire 8 vo Doctor Salmon's new Dispensatory 8 vo Doron Medicum 8 vo Art to know Men 8 vo Sandys Christ's Passion A Tragedy with Annotations and Sculptures 8 vo Europae Speculum 8 vo Ogleby's Aesops Fables 8 vo Young Clerks Guide in Four Parts 8 vo Compleat Solicitor Entring Clerk and Attorney 8 vo Pettus of the Constitution of Parliaments 8 vo A new Book of Instruments 8 vo Brown of Fines and Recoveries 8 vo Epitome of Doctor Willis his Works in English 8 vo The Young Clerks Tutor Enlarged 8 vo The Anglers Vade Mecum Or a Compendious Discourse of Angling by James Chetham Esquire the second Edition illustrated with Sculptures and very much enlarged 8 vo Gesta Romanorum 8 vo Davenport's Abridgment of Cook on Littleton 12 ves Shiptons Pharmocopoeia 12 ves Doctor Salmons English Herbal with Cutts Folio Stanlys Lives of the Philosophers or History of Philosophy Folio Knoll's Turkish History with Sir Paul Rycaut's Continuation to 1677. and from thence continued to the taking of Buda Folio Register of Writs with Theloals Digest of Writs with new Additi●ns Folio Legis Series Or the Process of Law in order with some Entries both in Kings Bench and Common Pleas useful for young Clerks to direct them in their first steps to Clerkship per R.G. Gent. price 6 d. An Essay concerning Humane Understanding in Four Books by Mr. John Lock Folio Ben. Johnson's Works Folio