The orphans legacy, or, A testamentary abridgement in three parts ... : wherein the most material points of law, relating to that subject, are succinctly treated, as well according to the common and temporal, as ecclesiastical and civil laws of this realm : illustrated with great variety of select cases in the law of both professions, as well delightful in the theorie, as usefull for the practice of all such as study the one, or are either active or passive in the other / John Godolphin.

Title

The orphans legacy, or, A testamentary abridgement in three parts ... : wherein the most material points of law, relating to that subject, are succinctly treated, as well according to the common and temporal, as ecclesiastical and civil laws of this realm : illustrated with great variety of select cases in the law of both professions, as well delightful in the theorie, as usefull for the practice of all such as study the one, or are either active or passive in the other / John Godolphin.

Author

Godolphin, John, 1617-1678.

Publication

London :: Printed by E.T. and R.H. and are to be sold by Joseph Nevill ..., and Christopher Wilkinson ...,

1674.

Rights/Permissions

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Subject terms

Wills -- England.

Executors and administrators -- England.

Link to this Item

https://name.umdl.umich.edu/A42922.0001.001 content_copy

Cite this Item

"The orphans legacy, or, A testamentary abridgement in three parts ... : wherein the most material points of law, relating to that subject, are succinctly treated, as well according to the common and temporal, as ecclesiastical and civil laws of this realm : illustrated with great variety of select cases in the law of both professions, as well delightful in the theorie, as usefull for the practice of all such as study the one, or are either active or passive in the other / John Godolphin." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A42922.0001.001. University of Michigan Library Digital Collections. Accessed May 9, 2025. content_copy

Contents

• license
• title page
• frontispiece
• To the Right Honourable, ANTHONY Earl of SHAFTESBURY, Baron ASH∣LEY of WINBURN St Gyles, and Baron COOPER of PAWLET, Lord Lieutenant of DORSET-SHIRE, Lord High CHANCELLOUR of ENGLAND, and one of His MAJE∣STIES most Honourable PRIVY COUNCIL, &c.
• To the Reader.
• Of Testaments and Last Wills.
• THE ORPHANS LEGACY. The FIRST PART. OF Testaments and Last VVills.
  • CHAP. I. What a Testament, a last Will, and Codicil is: And how they differ.
  • CHAP. II. Of the several Distinctions or kinds of Testaments.
  • CHAP. III. Of Testaments Solemn and Ʋnsolemn.
  • CHAP. IV. Of Testaments Written and Nuncupative.
  • CHAP. V. Of Testaments Priviledged and Unpriviledged.
  • CHAP. VI. Of Codicils.
  • CHAP. VII. What Persons are incapable of making Testaments or Last Wills.
  • CHAP. VIII. Of persons Intestable by reason of the want of Discretion.
  • CHAP. IX. Of Persons Intestable for want of Freedom or Liberty.
  • CHAP. X. Of Women Covert.
  • CHAP. XI. Of Persons Intestable by reason or for want of their Principal Senses.
  • CHAP. XII. Of Persons Intestable by reason of some Criminal Convictions.
  • CHAP. XIII. Of Conditional Testaments.
  • CHAP. XIV. Of the several kinds of Conditions incident to Testaments.
  • CHAP. XV. Of Testamentary Conditions in reference to Marriage.
  • CHAP. XVI. Of the manner of Proceeding during the suspence of the Conditions.
  • CHAP. XVII. Of Testaments void.
  • CHAP. XVIII. Of Testamentary Revocations.
  • CHAP. XIX. Of a Reviver of a Will Revoked.
  • CHAP. XX. Of the Probate of Testaments.
  • CHAP. XXI. Of Proof requisite to a Will.
  • CHAP. XXII. Bona Notabilia.
• The Chapters of the Second PART.
• THE SECOND PART. OF Executors and Administrators.
  • CHAP. I. Of the Appointing or Constituting Executors.
  • CHAP. II. Of Conditional Executors.
  • CHAP. III. Of appointing Co-Executors.
  • CHAP. IV. Of Substitutions and appointing Executors by degrees.
  • CHAP. V. Of the several wayes of Constituting Executors.
  • CHAP. VI. Of persons incapable of being Executors or Administrators.
  • CHAP. VII. Of an Executors Executor.
  • CHAP. VIII. Of an Executor in his own wrong.
  • CHAP. IX. Of a Child in the Womb made Executor, and of an Infant-Executor; as also of an Executor and Administrator du∣rante Minoritate.
  • CHAP. X. Of a Woman under Coverture made Executrix, or making Executors.
  • CHAP. XI. Of Debtors and Creditors made Executors, or Administra∣tors.
  • CHAP. XII. The general difference between an Executor and an Admi∣nistrator; and wherein they generally agree.
  • CHAP. XIII. Of the Executors Rights exclusively to the Heirs.
  • CHAP. XIV. Of the Heirs Rights exclusively to the Executors.
  • CHAP. XV. What goes neither to the Heir nor Executor, and in what Cases.
  • CHAP. XVI. Of the Indivisibility of the right and interest of Co-Executors.
  • CHAP. XVII. Of the Executors Interest and Possession; and how it dif∣fers from that which he hath in his own proper Goods.
  • CHAP. XVIII. Of the Executors Right in opposition to the Heirs in refe∣rence to Mortgages.
  • CHAP. XIX. Touching the Executors Election to accept or refuse the Ex∣ecutorship.
  • CHAP. XX. Touching what Acts may or may not be done by an Executor, as well before as after Probate of the Will.
  • CHAP. XXI. Of Inventories.
  • CHAP. XXII. Of Actions mantainable by Executors or Administrators.
  • CHAP. XXIII. Of Actions maintainable against Executors or Administra∣tors.
  • CHAP. XXIV. Of Assets charging Executors, or not.
  • CHAP. XXV. Additionals to the three last precedent Chapters, touching how far and wherein Executors may be charged.
  • CHAP. XXVI. Of a Devastavit or Wast in an Executor or Administrator.
  • CHAP. XXVII. Of the Executors power in Sale of Lands devised to be sold.
  • CHAP. XXVIII. Of Debts, Legacies, and Mortuaries, and the Executors me∣thod in the payment thereof.
  • CHAP. XXIX. Of Executors Accounts.
  • CHAP. XXX. Of Administrators in a notion distinct from Executors.
  • CHAP. XXXI. Of Administrations fraudulent and revocable.
  • CHAP. XXXII. Of Filial Portions.
  • CHAP. XXXIII. Of Right to Administration.
  • CHAP. XXXIV. Of Succession in the Right Line Descendent.
  • CHAP. XXXV. Of Succession in the Right Line Ascendent.
  • CHAP. XXXVI. Of Succession in the Line Transversal or Collateral.
• title page
• THE CONTENTS OF THE CHAPTERS of the Third Part.
• THE ORPHANS LEGACY. The THIRD PART. OF Legacies & Devises.
  • CHAP. I. Of Legacies and Devises in General.
  • CHAP. II. Of Devisors and Devisees or Legataries.
  • CHAP. III. Of Words and Expressions sufficient for Legacies.
  • CHAP IV. Of Conditions and their Resemblancies Incident unto Legacies.
  • CHAP. V. Of the several Marks and Kinds of Conditions, and Questions in Law touching the same.
  • CHAP. VI. What things are Deviseable by Will; And whe∣ther a Testator may Bequeath what is not his own.
  • CHAP. VII. Of Lands Deviseable by Will.
  • CHAP VIII. Certain Cases touching Devises of Land, Void or not.
  • CHAP. IX. Certain Cases touching Devises of Land in Fee-simple.
  • CHAP. X. Certain Cases touching Devises of Land by way of Entail.
  • CHAP. XI. Certain Cases in Law touching Devises of Land for Life only.
  • CHAP. XII. Certain Cases in the Law touching Devises of Leases, or for a Term of Years.
  • CHAP XIII. Law-Cases touching Devises of Reversions or Remainders.
  • CHAP. XIV. Touching Devises of Lands with Limitations, and upon Condition.
  • CHAP. XV. Touching Devises of Rents.
  • CHAP. XVI. Of Devises touching the Sale of Land by Execu∣tors or others.
  • CHAP. XVII. Of Legacies and Devises in respect of Marriage. As also Between Husband and Wife.
  • CHAP. XVIII. Of Legacies and Devices to a Child in the Womb.
  • CHAP. XIX: Certain Cases of Devises touching Lands and Chattels-real.
  • CHAP. XX. Cases in the Law touching Legacies of Chattels Personal.
  • CHAP XXI. Of Legacies touching Goods in general, and what is to be understood under that Notion of Goods, and what by Moveables and Immoveables.
  • CHAP. XXII. Law-Cases touching Money Bequeathed by the Testator.
  • CHAP. XXIII. Of Legacies Relating to Debts, with certain Cases in the Law touching the same.
  • CHAP. XXIV. Touching Election in point of Legacies; To whom the Election of a Legacy, express'd with too much Generality or Dubiety, belongs, whether to the Executor or to the Legatary; with certain Cases in the Law touching the same.
  • CHAP. XXV. When and How Legacies are Null, or become void or voidable; with Certain Cases in the Law touching Revocations.
  • CHAP. XXVI. Certain Positions or Assertions of Law for the better understanding of this Subject of Le∣gacies and Devises, with certain mixt Cases touching the same.
• INDEX GENERALIS: OR, An Alphabetical Table; Comprizing all the Ma∣terial Points of Chiefest Remarque in this Te∣stamentary Abridgment, with Reference to each Page and Paragraph.
• ERRATA.