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TESTATORS AND EXECUTORS
CONTAINING MUCH USEFUL INFORMATION AS TO
WILLS AND TESTAMENTARY DOCUMENTS,
WITH NUMEROUS EXAMPLES OF THE MANNER IN WHICH
LEGACY AND ANNUITY RECEIPTS AND RESIDUARY AND
SUCCESSION ACCOUNTS SHOULD BE PREPARED.
THE DUTIES OF AN EXECUTOR,
FROM THE DEATH OF A TESTATOR DOWN TO THE TIME OF PREPARING
AND PASSING HIS RESIDUARY ACCOUNT.
THE ACT FOR THE RELIEF OF WIDOWS AND CHILDREN OF INTESTATES
WHERE THE ESTATE IS OF SMALL VALUE;
THE MARRIED WOMEN'S PROPERTY ACT.
THE SUCCESSION DUTY ACT AND TABLES,
WHEN PAID IN ADVANCE.
By WILLIAM PHIPPEN, BATH,
and East Somerset.
The author thinks it well to acquaint his readers at the outset that this work is not under the patronage of any person; nor is it published with or without the sanction or permission of any governmental or other public body or individual; hence every statement it contains, both of law and figures, he, and he alone, is responsible for.
The information this work contains is mainly the result of twenty-five years' active labour and experience in offices of the kind where that most invaluable of all business knowledge designated PRACTICAL alone can be obtained.
All technical and legal terms have, as far as possible, been studiously avoided, and reference to cases has been purposely omitted, with a view of making the work as readable and instructive to the general public as the subjects of which it treats will admit, but at the same time none the less useful to the profession as a guide to them in the preparation of the various legacy and succession forms.
Some may object to the insertion of Acts of Parliament in the text of a work. To such objectors the reply of the author is, that he has little regard for appendices; and to consign to so obscure a position such important statutes as “ THE ACT FOR THE RELIEF OF WIDOWS AND CHILDREN OF INTESTATES," “THE MARRIED WOMEN'S PROPERTY Act,” &c., would be to treat them with less respect than their merits demand.
As to the will-forms, the author would remark that they are only of sufficient length to answer the design of his illustrations. To make a collection of precedents for wills were beyond the scope of this work ; nor is he by any means certain that such would be an unmitigated boon; for as regards will-making, his
opinion does not yet coincide with the sentiments of those who assert that “
every man should be his own lawyer." Beyond doubt there is oftentimes much truth in the somewhat rough legal proverb, which says that “He who acts as his own lawyer has a fool for his client.” That the man who makes his own will is not at all times the best judge of his work, is evident from the mistakes made by several of the most eminent lawyers, the last remarkable instance of which is that of the late Lord Westbury-one of the greatest lawyers of the age—whose will, prepared by himself, has already been before the Court of Chancery several times, for the purpose of trying to discover the meaning of the testamentary dispositions of his lordship
As it now stands, this work is presented to the public in the strong hope and conviction that most who consult its.
will find the assistance they seek. It does not, however, pretend to contain an exhaustive catalogue of all the duties, the responsibilities, the things it may be necessary for an executor to do, or the many acts it may be desirable for him to leave undone.
If the reader desires to find every possible piece of advice on such multifarious and ever-varying combinations as are involved in the two words“ testators,” “ executors,” the author would say to him, consult“ Williams on Executors,” a book, or rather two large volumes, containing together nearly 2000 pages, exclusive of the cases referred to therein.
Whether it would be wisdom or folly for a person out of the legal profession to undertake so herculean a labour to prepare himself for nearly every testamentary combination that can arise, or whether it would be preferable for him to consult the pages of this book for ordinary guidance, and leave extraordinary subjects to be dealt with by the profession, are questions the solution of which the author must leave to the discretion of his readers.
BATH, Ist January 1875.
owner to make a will, and the cruel disappointments and family