trators are in general the same. Their duties are to bury the deceased, to prove his will (which of course only an executor has to do), to get in his goods and chattels, to pay his debts in the order appointed by law, and also his legacies, if he has bequeathed any, and to dispose of the residue of his goods and chattels in the manner by the will directed, or according to the statutes for the distribution of the effects of intestates, if there should be a total or partial intestacy. Executors and administrators are liable to an action at law, and also to a suit in equity, for the payment of the debts and liabilities of their testator or intestate; and to a suit in equity and the Ecclesiastical Court for the legacies bequeathed by him, and the due administration of his estate: but no action at law lies for a legacy, at least not until after the executor has assented to it, as it is called, that is, has acknowledged the sufficiency of the assets after providing for the payment of the debts.

ment of debts or legacies and the due administration of the assets, yet, where there is any trust to be executed, or any charge on the real estate to be established, a court of equity will interfere by injunction or prohibition; for the constitution of the ecclesiastical courts is not adapted to the administration of trusts, and over real estate they have no jurisdiction. The probate is exclusive evidence of a will of personalty; but courts of equity assume the jurisdiction of construing the will in order to enforce the performance of the trusts by the executor: hence they are sometimes styled courts of construction, in contradistinction to the ecclesiastical courts, which, although they also are courts of construction, are the only courts of probate. Formerly, the personal estates only of persons deceased were liable for the payment of their simple contract debts; but now, since the statute 3 & 4 Wm. IV. c. 104, real estates are liable for the payThe Ecclesiastical Courts are the only ment of debts of that nature; and it may courts in which, except by special pre- be broadly stated that all the real and scription, the validity of wills of person- personal estates of the deceased are assets alty can be established or disputed. If for the payment of his debts. The perall the goods of the deceased lie in the sonal estate is liable in the first instance, diocese or jurisdiction within which he unless the testator direct otherwise. Estates descended are applied before estates died, the will is proved before the bishop or ordinary of that diocese or juris-devised; and in other respects the estates diction; but if he had bona notabilia of the deceased are administered in the (that is, goods and chattels to the amount order laid down by the courts. The debts are payable in a certain orof 51.) within some other diocese or jurisdiction than that in which he died, then der, which is fixed by law, and the exthe will must be proved before the arch-ecutor should observe it. If he finds any bishop or metropolitan of the province by difficulty in this matter, he ought to take special prerogative; and if there be bona the best legal advice that he can get. notabilia in different provinces, there must be two prerogative probates. A will should be proved within six months after the death of the testator, or within two months after the termination of any dispute respecting the probate. (55 Geo. III. c. 184, § 57.)

Executors and administrators are treated by the courts of equity as trustees for the creditors, legatees, and next of kin of their testators or intestates. They are bound to administer the assets according to their due order of priority, and to pay the debts of the deceased in like manner; and though the ecclesiastical courts will entertain suits for the pay

The next duty of an executor or administrator is to pay the legacies, and to distribute the personal estate of the deceased pursuant to his will; and if there is no will, to dispose of it pursuant to the Statute of Distributions. ADMINISTRATION, p. 24.] In this part of his duty also, if he find difficulties, the safe and proper course is to take legal advice.

Full information upon these subjects will be found in the works of Williams and: Toller 'On Executors,' and Wentworth On Administrators.'

EXEMPLIFICATION. [EVI

DENCE.]

EXETER, or EXON DOMESDAY, the

name given to a record preserved among
the muniments and charters belonging to
the dean and chapter of Exeter cathedral,
which contains a description of the west-cond volume of the Great Domesday.
ern parts of the kingdom, comprising the
counties of Wilts, Dorset, Somerset, De-
von, and Cornwall. It is supposed, as far
as it extends, to contain an exact transcript
of the original rolls or returns made by the
Conqueror's commissioners at the time of
forming the General Survey, from which
the great Domesday itself was compiled.
It is written on vellum in the form of a
book of the small folio size, containing
532 double pages. The skins or sheets of
vellum of which it is composed vary in
the number of leaves which they comprise
from one to twenty; the lands of each
of the more considerable tenants begin
a new sheet, and those of almost every
tenant a new page. The lands in the
counties of Devon, Somerset, and Corn-
wall belonging to one tenant, are classed
together, and the counties follow each
other, though not always in the same
order; and, in like manner, the sum-
maries of property in Wilts and Dorset
are classed together.

there is an account of the number of oxen,
sheep, goats, horses, and pigs, exactly in
the same manner as it is given in the se

The reason for omitting this enumeration
in the breviated entries of the first volume
of the Great Survey is self-evident. The
live stock was altering every day and
year; the enumeration of it therefore
could be of no further use than for the
exact time when the survey was made.
A comparison of this part of the Exeter
with the second volume of the Great Sur-
vey tends greatly to corroborate the notion
that the returns of the counties of Essex,
Norfolk, and Suffolk were transcribed
in full from the original rotuli, in the
same manner as the Exeter Domesday.
The difference between the two surveys
as to expression, when they agree in
sense, is likewise remarkable; as for in-
stance,

Upon collating the returns of lands which form the great body of the Exeter Survey with the Exchequer Domesday, they have been found, with a few trifling variations, to coincide; one entry of property alone is discoverable in the Exeter which is omitted in the Exche quer Domesday, relating to Sotrebroc in Devonshire. The Exeter manuscript, however, is not complete in its contents. There are considerable omissions of lands in Wiltshire, Dorsetshire, and Devonshire; but these have evidently been cut out and lost. In Cornwall every manor mentioned in the Exchequer occurs in the Exeter Domesday. One leaf of this record was accidentally discovered in private possession within these few years, and has been restored to the manuscript. In the writing of the names of places and persons there is a remarkable difference between the two records.

The most striking feature of the Exeter Domesday, in which it uniformly supplies us with additional knowledge to that in the Exchequer Survey, is the enumeration of live stock upon every estate;

Exchequer Domesday,
Acra.

ad arsuram.

Exeter Domesday.

Agra

ad combustionem

gablatores

sacerdotes

reddidit Gildum
leuga

censores
clerici
geldabat
leuca.
manerium
ad opus militum
molendinum
nummi
in paragio
portarii
pastura
poterat ire quo vo-
lebat (tom. i. fol.
97 b.)

molinus

denarii

pariter

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