SECT. X. Of ESTATES upon CONDITION. 1. ESTATES (whether freehold or otherwise) may also be held upon condition; in which cafe their existence depends on the happening, or not happening, of fome uncertain event. 2. These eftates are, 1. On condition implied. 2. On condition expreffed. 3. Eftates in gage. 4. Eftates by statute, merchant or staple. 5. Ef tates by elegit. 3. Eftates on condition implied are, where a grant of an estate has, from its effence and confitution, a condition infeparably annexed to it; though none be expreffed in words. 4. Eftates on condition expreffed are where an exprefs qualification or provifion is annexed to the grant of an estate. 5. On the performance of thefe conditions, either expreffed or implied (if precedent), the estate may be refted or enlarged; or, on the breach of them (if fubfequent), an estate already vested may be defeated. 6. Eftates in gage, in vadio, or in pledge, are eftates granted as a fecurity for money lent; being, 1. In vivo vadio, or living'gage; where the profits of land are granted till a debt be paid, upon which payment the granter's estate will revive. 2. In mortuo vadio, in dead, or mortgage; where an estate is granted, on condition to be void at a day certain, if the granter then repays the money borrowed; on failure of which, the eftate becomes abfolutely dead to the granter. 7. Eftates by statute-merchant, or ftatute-ftaple, are alfo eftates conveyed to creditors, in pursuance of certain ftatutes, till their profits fhall discharge the debt. 8. Eftates by elegit are where, in confequence of a judicial writ fo called, lands are delivered by the theriff to a plaintiff, till their profits fhall fatisfy a debt adjudged to be due by law. SECT. XI. Of ESTATES in POSSESSION, REMAINDER, and REVERSION. 1. ESTATES, with respect to their time of enjoyment, are either in immediate poffeffion, or in expectancy; which eftates in expectancy are created at the fame time, and are parcel of the fame eftates, as those upon which they are expectant. These are, 1. Remainders. 2. Reverfions. 2. A remainder is an estate limited to take effect, and be enjoyed, after another particular eftate is determined. 3. Therefore, 1. There must be a precedent particular estate, in order to fupport a remainder. 2. The remainder muft país out of the granter, at the creation of the particular eftate. 3. The remainder muft veft in the grantee, during the continuance, or at the determination, of the particular eftate. 4. Remainders are, 1. Vefted; where the eftate is fixed to remain to a certain person, after the particular estate is spent. 2. Contingent; where the eftate is limited to take effect, either to an uncertain person, or upon any uncertain event. 5. An executory devife is fuch a difpofition of lands, by will, that an eftate fhall not veft thereby at the death of the devifor, but only upon fome future contingency, and without any prece dent particular eftate to fupport it. 6. A reversion is the refidue of an estate left in the granter, to commence in poffeffion after the determination of fome particular estate granted: to which are incident fealty and rent. 7. Where two estates, the one lefs, the other greater, the one in poffeffion, the other in expectancy, meet together in one and the fame perfon, and in one and the fame right, the less is merged in the greater. SECT. XII. Oƒ ESTATES in SEVERALTY, JOINT TENANCY, COPARCENARY, and COMMON. 1. ESTATES, with respect to the number and connections of their tenants, may be held, 1. la severalty. 2. In joint tenancy. 3. In coparcenary. 4. In common. 2. An eâate in feveralty is where one tenant holds it in his own fole right, without any other person being joined with him. 3. An eftate in joint tenancy is where an estate is granted to two or more perfons; in which cafe the law conftrues them to be joint tenants, unless the words of the grant expressly exclude fuch conftruction. 4. Joint tenants have an unity of intereft, of title, of time, and of poffeffion: they are feifed per my et per tout: and therefore upon the deceafe of one joint tenant, the whole intereft remains to the furvivor. 5. Joint tenancy may be diffolved by destroying one of its four conftituent unities. 6. An estate in coparcenary is where an estate of inheritance defcends from the ancestor to two or more perfons; who are called parceners, and all together make but one heir. 7. Parceners have an unity of intereft, title, and poffeffion; but are only feifed per my, and not per tout; wherefore there is no survivorship among parceners. 8. Incident to this eftate is the law of hotchpot. 9. Coparcenary may also be diffolved by deftroying any of its three conftituent unities. 10. An eftate in common is where two or more perfons hold lands, poffibly by diftinct titles, and for diftinct interests; but by unity of poffeffion, because none knoweth his own severalty. 11. Tenants in common have therefore an unity of poffeffion (without furvivorship; being feifed per my and not per tout), but no neceffary unity of title, time, or intereft. 12. This estate may be created, 1. By diffolving the constituent unities of the two former; 2. By exprefs limitation in a grant: and may be deftroyed, 1. By uniting the feveral titles in one tenant; 2. By partition of the land. SECT. XIII. Of the TITLE to THINGS REAL, ཀས SECT. XIV. Of TITLE by DESCENT. 1. THE title to things real may be reciprocally acquired of loft, 1. By defcent. 2. By purchafe. 2. Defcent is the means whereby a man, on the death of his ancestor, acquires a title to his eftate, in right of reprefentation, as his heir at law. 3. To understand the doctrine of defcents, we mut form a clear notion of confanguinity; which is the connection or relation of perfons defcended from the fame flock or common anceftor; and it is, 1. Lineal, where one of the kinfmen is lincally defcended from the other. 2. Collateral, where they are lineally defcended, not one from the other, but both from the fame common ancestor. 4. The rules of defcent, or canons of inheritance, obferved by the laws of England, are thefe: ift, Inheritances fhall lineally defcend to the iffue of the perfon laft actually feifed, in infinitum; but shall never lineally afcend. 2d, The male iffue fhall be adınitted before the female. 3d, When there are two or more males in equal degree, the eldest only shall inherit; but the females all together. 4th, The lineal defcendants, in infinitum, of any perfon deceased fhall reprefent their anceftor; that is, fhall ftand in the fame place as the perfon himfelf would have done, had he been living. 5th, On failure of lineal defcendants, or iffue, of the perfon laft feifed, the inheritance fhall defcend to the blood of the first purchafer; fubject to the three preceding rules. To evidence which blood, the two following rules are established. 6th, The collateral heir of the perfon last seised must be his next collateral kinfman of the whole blood. 7th, In collateral inheritances, the male ftocks fhall be preferred to the female; that is, kindred derived from the blood of the male ancestors fhall be admitted before those from the blood of the female, unlefs where the lands have, in fact, defcended from a female. SECT. XV. OF TITLE by PURCHASE, and first by ESCHEAT. 1. PURCHASE, or perquifition, is the poffeffion of an estate which a man hath by his own act or agreement; and not by the mere act of law, or defcent from any of his ancestors. This includes, 1. Efcheat. 2. Occupancy. 3. Prefeription. 4. For feiture. 5. Alienation. 2. Efcheat is where, upon deficiency of the tenant's inheritable blood, the eftate falls to the lord of the fee. 4. 3. Inheritable blood is wanting to, 1. Such as are not related to the person laft feifed. 2. His maternal relations in paternal inheritances, and vice verfa. 3. His kindred of the half blood. Monsters. 5. Baftards. 6. Aliens, and their iffue. 7. Perfons attainted of treafon or felony. 8. Papifts, in respect of themfelves only, by the ftatute law. auter vie died during the life of ceftuy que vie, he who could firft enter, might lawfully retain the poffeffion, unless by the original grant the heir was made a fpecial occupant. 3. The law of derelictions and alluvions has narrowed the title by occupancy. SECT. XVII. Of TITLE by PRESCRIPTION. PRESCRIPTION (as diftinguished from custom) is a perfonal immemorial ufage of enjoying a right in fome incorporeal hereditament, by a man, and either his ancestors or thofe whofe cftate of inheritance he hath: of which the firft is called prefcribing in his ancestors, the latter in a que eftate. SECT. XVIII. Of TITLE by FORFEITURE. 1. FORFEITURE is a punishment annexed by law to fome illegal act, or negligence, in the owner of things real; whereby the cftate is transferred to another, who is ufually the party injured. 2. Forfeitures are occafioned, 1. By crimes. 2. By alienation contrary to law. 3. By lapfe. 4. By fimony. 5. By nonperformance of conditions. 6. By wafte. 7. By breach of copyhold cultoms. 8. By bankruptcy. 3. Forfeitures for crimes, or mifdemeanours, are for, 1. Treafon. 2. Felony. 3. Mifprifon of treafon. 4. Præmunire. 5. Affaults on a judge, and batteries, fitting the courts. 6. Popish recufan cy, &c. 4. Alienations, or conveyances, which induce a forfeiture, are, 1. Thofe in mortmain, made to corporations contrary to the ftatute law. 2. Thofe made to aliens. 3. Thofe made by particular tenants, when larger than their eftates will warrant. 5. Lapfe is a forfeiture of the right of prefenta tion to a vacant church, by neglect of the patron to prefent within fix kalendar months. 6. Simony is the corrupt prefentation of any one to an ecclefiaftical benefice, whereby that turn becomes forfeited to the crown. 7. Forfeiture by nonperformance of conditions, fec Se&t. X. poreal hereditaments, to the prejudice of him that 8. Wafte is a spoil, or deftruction, in any cor hath the inheritance. 9. Copyhold eftates may have alfo other peculiar caufes of forfeiture, according to the custom of the manor. 10. Bankruptcy is the act of becoming a bankrupt: that is, a trader who fecretes himself, or does certain other acts tending to defraud his creditors. See Sect. XXII. 11. By bankruptcy all the eftates of the bankrupt are transferred to the affignces of his commiffioners, to be fold for the benefit of his creditors. SECT. XIX. Of TITLE by ALIENATION. I. ALIENATION, conveyance, or purchase, in its more limited fenfe, is a means of transferring real eftates, wherein they are voluntarily refigned by one man, and accepted by another. SECT. XVI. Of TITLE by OCCUPANCY. 1. OCCUPANCY is the taking poffeffion of thofe things which before had no owner. 2. Thus, at the common law, where tenant pur VOL. XII. PART II. 2. This formerly could not be done by a tenant, without licence from his lord; nor by a lord, with- : out attornment of his tenant. 3. All perfons are capable of purchafing; and all that are in poffeffion of any eftates, are capable of conveying them: unless under peculiar disabi X X X X lities lities by law; as being attainted, non compotes, infants, under durefs, feme-coverts, aliens, or papifts. 4. Alienations are made by common affurances; which are, 1. By deed, or matter in pais. 2. By matter of record. 3. By special custom. devife. 4. By SECT. XX. Of ALIENATION by DEED, 1. In affurances by deed may be confidered, 1. Its general nature. 2. Its feveral fpecies. 2. A deed, in general, is the folemn act of the parties; being ufually a writing fealed and delivered; and it may be, 1. A deed indented, or in denture. 2. A deed poll. 3. The requifites of a deed are, 1. Sufficient parties, and proper fubject-matter. 2. A good and fufficient confideration. 3. Writing on paper, or parchment, duly ftamped. 4 Legal and orderly parts: (which are ufually, rft, the premifes; adly, the habendum; 3dly, the tenendum; 4thly, the reddendum; 5thly, the conditions; 6thly, the warranty, which is either lineal or collateral; thly, the covenants; 8thly, the conclufion, which includes the date.) 5. Reading it, if defired. 6. Sealing, and, in many cafes, figning it alfo. Delivery. 8. Attestation. 7. 4. A deed may be avoided, 1. By the want of any of the requifites before-mentioned. 2. By fubfequent matter; as, 1ft, Rafure, or alteration. 2dly, Defacing its feal. 3dly, Cancelling it. 4thly, Difagreement of those whofe confent is neceffary. 5thly, Judgment of a court of justice. 5. Of the feveral species of deeds, fome ferve to convey real property, fome only to charge and discharge it. 6. Deeds which ferve to convey real property, or conveyances, are either by common law, or by ftatute. And, of conveyances by common law, fome are original or primary, others derivative or fecondary. 7. Original conveyances are, 1. Feoffments. 2. Gifts 3. Grants. 4. Leafes. 5. Exchanges. 6. Partitions, Derivatives are, 7. Řeleafes. 8. Confirmations. 9. Surrenders. 1o. Affignments. 11. Defeazances. 8 A feoffment is the transfer of any corporeal hereditament to another, perfected by livery of feifin, or delivery of bodily poffeffion from the feoffer to the feoffee; without which no freehold eftate therein can be created at common law. 9. A gift is properly the conveyance of lands in tail, 10. A grant is the regular method, by common Jaw, of conveying incorporeal hereditaments. 11, A leafe is the demife, granting, or letting to farm of any tenement, ufually for a lefs term than the leffor hath therein; yet fometimes poffibly for a greater; according to the regulations of the reAraining and enabling ftatutes. 12. An exchange is the mutual conveyance of equal interefts, the one in confideration of the other. 13. A partition is the divifion of an eftate held in joint tenancy, in coparcenary, or in common, between the refpective tenants; fo that each may hold his diftinct part in feveralty. 14. A release is the difcharge or conveyance of a man's right, in lands and tenements, to another that hath fome former eftate in poffeffion therein. 15. A confirmation is the conveyance of an ef tate or right in effe, whereby a voidable eftate is made fure, or a particular eftate is increased. 16. A furrender is the yielding up of an eftate for life, or years, to him that hath the immediate remainder or reverfion; wherein the particular eftate may merge. 17. An affignment is the transfer, or making over to another, of the whole right one has in any estate; but ufually in a leafe for life or years. 18. A defeazance is a collateral deed, made at the fame time with the original conveyance, con taining fome condition, upon which the eftate may be defeated. 19. Conveyances by ftatute depend much on the doctrine of ufes and trufts: which are a confidence repofed in the terre tenant, or tenant of the land, that he shall permit the profits to be enjoyed, according to the directions of ceftuy que ufe, or ceftuy que truft. 20. The ftatute of ufes has transferred all uses into actual poffeffion, (or, rather, having drawn the poffeffion to the ufe), has given birth to divers other fpecies of conveyance: 1. A covenant to ftand feised to use. 2. A bargain and fale, enrolled. 3. A leafe and release. 4. A deed to lead or declare the use of other more direct conveyances. 5. A revocation of uses; being the execution of a power, referved at the creation of the ufe, of recalling at a future time the use or estate so creating. All which owe their prefent operation principally to the ftatute of uses. 21. Deeds which do not convey, but only charge real property, and discharge it, are 1. Obligations. 2. Recognizances. 3. Defeazances upon both. SECT. XXI. Of ALIENATION by MATTER of RECORD. 1. ASSURANCES by matter of record are where the fanction of fome court of record is called in to fubftantiate and witnefs the transfer of real property. These are, 1. Private acts of parliament. 2. The king's grants. 3. Fines. 4. Common re coveries. 2. Private acts of parliament are a fpecies of affurances, calculated to give (by the transcendent authority of parliament) fuch reasonable powers or relief as are beyond the reach of the ordinary courfe of law. 3. The king's grants, contained in charters or letters patent, are all entered on record, for the dignity of the royal perfon, and fecurity of the royal revenue. 4. A fine (fometimes faid to be a feoffment of record) is an amicable compofition and agreement of an actual or fictitious fuit; whereby the eftate in queftion is acknowledged to be the right of one of the parties. 5. The parts of a fine are, 1. The writ of covenant. 2. The licence to agree. 3. The concord. 4. The note. 5. The foot. To which the ftatute hath added, 6. Proclamations. 6. Fines are of four kinds: 1. Sur cognizance de droit, come ceo que il ad de fon done. 2. Sur cognizance de droit tantum. 3. Sur conceffit. 4. Sur done, grant, et render; which is a double fine. 7. The force and effect of fines (when levied by fuch as have themselves any intereft in the eftate) are, to affure the lands in queftion to the cognizee, by barring the refpective rights of parties, privies, and ftrangers. 8. A common recovery is by an actual or fictitious fuit or action for land, brought against the tenant of the freehold; who thereupon vouches another, who undertakes to warrant the tenant's title: but, upon fuch vouchee's making default, the land is recovered by judgment at law against the tenant; who in return obtains judgment against the vouchee to recover lands of equal value in recompenfe. 9. The force and effect of a recovery are, to af. fure lands to the recoverer, by barring eftates tail, and all remainders and reverfions expectant there on; provided the tenant in tail either fuffers, or is vouched in fuch recovery. 10. The ufe of a fine or recovery may be directed by, 1. Deeds to lead fuch ufes; which are made previous to the levying or fuffering them. 2. Deeds to declare the uses; which are made fubfequent. SECT. XXII. Of ALIENATION by SPECIAL CUS TOM. 1. ASSURANCES by special custom are confined to the transfer of copyhold eftates. 2. This is effected by, 1. Surrender by the tenant into the hands of the lord to the ufe of another, according to the cuftom of the manor. 2. Prefentment, by the tenants or homage, of fuch furrender. 3. Admittance of the furrenderee by the lord, according to the ufes expreffed in fuch furrender. 3. Admittance may also be had upon original grants to the tenant from the lord, and upon de fcents to the heir from the ancestor. 4. Chattels real are fuch quantities of interest in things immoveable, as are fhort of the duration of freeholds; being limited to a time certain, be yond which they cannot fubfift. See Se&t. VII. 5. Chattels perfonal are things moveable; which may be transferred from place to place, together with the perfon of the owner. SECT. XXV. Of PROPERTY in THINGS PER SONAL. 1. PROPERTY, in chattels perfonal, is either in poffeffion, or in action. 2. Property in poffeffion, where a man has the actual enjoyment of a thing, is, 1. Absolute. 2. Qualified. exclufive right in the thing, that it cannot cease to 3. Abfolute property is where a man has fuch an be his, without his own act or default. nature, permanent; but may fometimes fubfilt, 4. Qualified property is fuch as is not, in its and at other times not subfift. 5. This may arise, 1. Where the fubject is incapable of abfolute ownership. 2. From the peculiar circumftances of the owners. 6. Property in action is where a man hath not the actual occupation of the thing; but only a right to it, arifing upon fome contract, and recoverable by an action at law. remainders expectant on eftates for life; to joint7. The property of chattels perfonal is liable to tenancy; and to tenancy in common. SECT. XXVI. Of TITLE to THINGS PERSONAL by OCCUPANCY. 1. THE title to things personal may be acquired or loft by, 1. Occupancy. 2. Prerogative. 3. For feiture. 4. Cuftom. 5. Succeffion. 6. Marriage. 7. Judgment. 8. Gift, or grant. 9. Contra&t. 10. Bankruptcy. 11. Teftament. 12. Adminiftration. 2. Occupancy ftill gives the first occupant a right to thofe few things which have no legal ownhip. Such as, 1. Goods of alien enemies. 2. er, or which are incapable of permanent owner. Things found. 3. The benefit of the elements, Things gained by acceffion; or, 7. By confusion. s. Emblements. 8. Literary property. 4. Animals feræ naturæ. 6. SECT. XXIII. Of ALIENATION by DEVISE. I. DEVISE is a difpofition of lands and tenements, contained in the laft will and teftament of the owner. 2. This is not permitted by the common law, as it ftood fince the conqueft; but was introduced by the ftatute law, under Henry VIII. fince made more univerfal by the ftatute of tenures under Charles II. with the introduction of additional folemnities by the ftatue of frauds and perjuries în the fame reign. FORFEITURE. 3. The conftruction of all common affurances SECT. XXVII. Of TITLE by PREROGATIVE, and fhould be, 1. Agreeable to the intention. 2. To the words of the parties. 3. Made upon the entire deed. 4. Bearing strongest against the contractor. 5. Conformable to law. 6. Rejecting the letter of two totally repugnant claufes in a deed, and the former in a will. 7. Moft favourable in cafe of a devife. SECT. XXIV. OF THINGS PERSONAL. 1. THINGS perfonal are comprehended under the general name of chattels; which includes whatever wants either the duration, or the immo bility, attending things real. 2. In thefe are to be confidered, 1. Their diftribution. 2. The property of them. 3. The title to that property. 3. As to the diftribution of chattels, they are, 4. Chattels real. 2. Chattels perfonal. 1. By prerogative is vefted in the crown, or its grantees, the property of the royal revenue (fee chap. I. fect. 8); and alfo the property of all game in the kingdom, with the right of purfing and taking it. 2.Byforfeiture, for crimes and mifdemeanours,the right of goods and chattels may be transferred from one man to another, either in part or totally. 3. Totalforfeitures of goods arife from conviction of, 1. Treafon, and mifprifion thereof. 2. Felony. 3. Excufable homicide. 4. Outlawry for treafon or felony. 5. Flight. 6. Standing mute. 7. Affaults on a judge; and batteries, fitting the courts. 8. Præmunire. 9. Pretended prophecies. 10. Owling. 11. Refiding abroad of artificers. 12. Chai lenges to fight for debts at play, SECT. 1. By custom, obtaining in particular places, a right may be acquired in chattels : the moft ufual of which cuftoms are thofe relating to, 1. Heriots. 2. Mortuaries. 3. Heir looms. 2. Heriots are either heriot-fervice, which differs little from a rent; or heriot-custom, which is a cuftomary tribute, of goods and chattels, payable to the lord of the fee on the decease of the owner of lands. 3. Mortuaries are a cuftomary gift due to the minister in many parishes, on the death of his parishioners. 4. Heir looms are fuch perfonal chattels as defcend by special custom to the heir, along with the inheritance of his ancestor. 9. This price, being calculated to answer the hazard as well as inconvenience of lending, gives birth to the doctrine of intereft, or ufury, upon loans; and, confequently, to the doctrine of bot tomry, or refpondentia, and infurance. ། 10. Debt is any contract, whereby a certain fum of money becomes due to the creditor. This is, 1. A debt of record. 2. A debt upon fpecial con tract. 3. A debt upon fimple contract: which laft includes paper credit, or bills of exchange, and promiffory notes. SECT. XXIX. Of TITLE by SUCCESSION, MAR- become a bankrupt. 3. The proceedings on a RIAGE, and JUDGMENT. 1. By fucceffion the right of chattels is vefted in corporations aggregate; and likewife in fuch corporations fole as are the heads and reprefentatives of bodies aggregate. 2. By marriage the chattels real and perfonal of the wife are vefted in the hufband, in the fame degree of property, and with the fame powers, as the wife when foie had over them; provided he reduces them to poffeffion. 3. The wife alfo acquires, by marriage, a property in her own paraphernalia. 4. By judgment, confequent on a fuit at law, a man may, in fome cafes, not only recover, but originally acquire, a right to perfonal property. As, 1. To penalties recoverable by action popular. 2. To damages 3. To cofts of fuit. SECT. XXXI. Of TITLE by BANKRUPTCY. I. BANKRUPTCY (as defined in Sec. XVIII. 10.) is the act of becoming a bankrupt. 2. Herein may be confidered, 1. Who may be. come a bankrupt. 2. The acts whereby he may SECT. XXX. Of TITLE by GIFT, GRANT, and tl. 7. A gift, or grant, is a voluntary conveyance of a chattel perfonal in poffeffion, without any con fideration or equivalent. 2. A contract is an agreement, upon fufficient confideration, todo or not to do a particular thing: and, by such contract, any perfonal property (either in poffeffion or in action) may be transferred. 3. Contracts may either be express or implied'; either executed or executory.! 4. The confideration of contracts is, 1. A good confideration. 2. A valuable confideration which is, 1. Do, ut des.. 2. Facio, ut facias. 3. Facio, ut des. 4. Do, ut facias. 5. The moft ufual fpecies of perfonaf contracts are, 1. Sale or exchange. 2. Bailment. 3.Hiring or borrowing. 4. Debt. 6. Sale or exchange is a tranfmutation of property from one man to another, in confideration of fome recompenfe in value. 7. Bailment is the delivery of goods in truft; upon a contract, exprefs or implied, that the truft fhall be faithfully performed by the bailee. 8. Hiring or borrowing is a contract, whereby the poffeffion of chattels is transferred for a parti cular time, on condition that the identical goods (or fometimes their value) be restored at the time appointed together with (in cafe of hiring) a tipend or price for the ufe. commiffion of bankrupt. 4. How his property is chandize, by buying, and felling, and feeking 5. The proceedings on a commission of bankrupt, fo far as they affect the bankrupt Commiffion. 3. Declaration of bankruptcy. 4. himself, are principally by, 1. Petition. 2. Choice of affignees. 5. The bankrupt's furrender. 6. His examination. 7. His difcovery. 8. His certificate. 9. His allowance. 10. His in. demnity. 6. The property of a bankrupt's perfonal eftate is, immediately upon the act of bankruptcy, vested by conftruction of law in the affignees and they, when they have collected, diftribute the whole by equal dividends among all the creditors. SECT. XXXII. Of TITLE by TESTAMENT, and ADMINISTRATION. 1. CONCERNING teftaments and administrations, confidered jointly, are to be observed, 1. Their original and antiquity. 2. Who make a teftament. 3. Its nature and incidents. 4. What are executors and adminiftrators, 5. Their office and duty. 2. Teftaments have fubfitted in England imme morially; whereby the deceafed was at liberty to difpofe of his.perfonal eftate, referving anciently to his wife and children their reasonable part of his effects. 3. The goods of inteftates belonged anciently to the king; who granted them to the prelates to be difpofed in pious ufes: but, on their abufe of this truft in the times of popery, the legislature compelled them to delegate their power to adminiftrators exprefsly provided by law. 4. All perfons may make a testament unless difabled by, 1. Want of difcretion. 2. Want of free will. 3. Criminal conduct. 5. Teftaments are the legal declaration of a man's intentions, which he wills to be performed after ་ |