tender the affidavit of at least one of the attestators of the will; and

4493. Registrar's Discretion.-In some cases, the registrar may require such an affidavit, or not, at his discretion.

4494. Form.—An attestator's affidavit may be as follows:

In Her Majesty's Court of Probate.-The District Registry of Canterbury. In the goods of John Smith, deceased.

I, Daniel Cole, of Hopgood, in the county of Kent, make oath that I am one of the subscribing witnesses to the last will and testament of the said John Smith, late of Hopgood aforesaid, deceased, the said will being now hereunto annexed, bearing date the 10th day of December, 1860, and that the said testator executed the said will on the day of the date thereof, by signing his name at the foot or end thereof as the same now appears thereon, in the presence of me and of William Wilkins, the other subscribed witness thereto, both of us being present at the same time, and we thereupon attested and subscribed the said will in the presence of the said testator. Sworn by the said Daniel Cole at the District Registry of Canterbury, on the 20th day of January, 1870, before me.

(Signature of the Registrar.)

4495. Incidental Documents.—Codicils, addendums, insertions, or anything of a like nature, are all separately liable to undergo the formalities to which the will itself is liable, and the consequent requirements should be anticipated accordingly.

THE GRANT.

4496. The requisite formalities having been complied with [as previously described], probate will be granted to the applicant. 4497. Form.-The following is a form of probate granted to an

executor:

In Her Majesty's Court of Probate. -District Registry of Canterbury. Be it known, that on the 20th day of January, 1870, the last will and testament hereunto annexed of John Smith, late of Hopgood, in the county of Kent, deceased, who died on the 1st day of January, 1870, at Edinburgh, was proved and registered in the said District Registry of Canterbury (4481) of Her Majesty's Court of Probate, and that administration of all and singular the personal estate and effects of the said deceased was granted by the aforesaid Court to Charles Dixon, the sole executor (4485) named in the said will, he having been first sworn well and faithfully to administer the same by paying the just debts of the deceased and the legacies contained in his will, and to exhibit a true and perfect inventory of all and singular the said estate and effects, and to render a just and true account thereof, whenever required by law so to do.

(Signature of the Registrar.)

4498. Parchment Copy.-When the will is proved, the original is deposited in the registry, and a copy thereof, on parchment, is made out under the seal of the Court, and delivered to the executor.

4499. Certificate.—The parchment copy is accompanied by a certificate that the will has been proved; and

THE PROBATE.

4500. The certificate and parchment copy, taken together, are called the probate.

4501. Reference to Only One Executor.-The most ordinary number of executors to an important will is three, but one is sufficient, and one only is referred to in our examples, in order to avoid complication in elucidating the object of the documents.

4502. No Bond Required.—An executor, upon obtaining probate, is not required to enter into a bond (4508).

BY A NON-EXECUTOR.

4503. When a will fails to nominate an executor (4457), or when all the executors of a will have renounced (4457), and the applicant for probate is therefore not an executor-nominate, there is some considerable difference in the proceedings.

4504. Form of Affidavit.-The form of affidavit for probate, by a non-executor, must be as follows:

I, Charles Dixon, of Milford, in the county of Kent, make oath and say, that I believe the writing hereunto annexed to contain the true and original last will and testament of John Smith, of Hopgood, in the said county, deceased, and that I am the next of kin (4384) [or, residuary legatee, or, principal creditor]; that I will faithfully, &c. (4485).

DEATH OF EXECUTOR.

4505. Before Testator.-When there is a formal will, and the executor dies before the testator, the affidavit must include an expression to that effect, somewhat as follows :—

That the executor therein named died before the death of the said John Smith.

4506. Before Probate. When the executor dies after the testator, but has failed to obtain probate, then :—

That the executor therein named died without having taken probate of the said will,

RENUNCIATION.

4507. When the executors nominated by the will have duly renounced, then :

"The executors named in the said will having duly renounced the office;" but,

THE BOND.

4508. The most important distinction between an application for probate by an executor and a non-executor is, that the latter is required to enter into a probate bond, of a like character to that required from an applicant for administration of an intestate estate (4533); as however, after all,

4509. Rare Experience.-It is very rare for wills to be made without executors or for all executors under a will to die or renounce; and therefore,

4510. Rare Application.-Probate is very rarely applied for by any person who is not an executor; consequently,

4511. Consideration Referred.-The consideration of a probate bond may be referred to the administration bond required to be entered into by administrators in intestacy (4533).

LETTERS OF ADMINISTRATION.

INTESTACY ESSENTIAL.

4512. Intestacy (4260) is essential to the granting of "letters of administration;" for,

4513. In Lieu of Probate.-Letters of administration are in lieu of the probate, which is invariably granted upon proof of a will. 4514. Next of Kin.-The next of kin (4384) of an intestate has a paramount claim to letters of administration, if such person thinks proper to press it, to the exclusion of every one else; but,

4515. Inferior Claimants.—If there is no superior claimant (a), then stands in the first position; and

4516. No High Degree.-If there be no kindred of higher degree than for h, then the eldest, in either of those degrees respectively, stands in the first position; and

4517. Renunciation.-If a renounces then 6 has the next claim; and 4518. Secondary Renunciation.—If all kindred of higher degree than for renounce, then the eldest in either of those degrees respectively (male, if any of age) has the next claim; while,

4519. Creditors.-If there be no known kindred, or all known kindred have renounced, the largest creditor (k) of the intestate has the best claim.

4520. Manner of Renunciation.—The rules with regard to renunciation of administration are precisely the same as those for renunciation of executorship (4331); with the understanding that,

4521. Superior Renunciations Essential.-An inferior claimant cannot legally procure letters of administration until all superior claimants have duly renounced; but,

4522. Operative Acts.-If a person with an inferior qualification for the office of administrator (say k), does any act or thing which commits him to the office (4355), he must proceed with it subject to the penalty (4462), unless some person with a superior qualification (say h) volunteers to relieve him of it; for,

4523. Bound to Proceed.—An acting administrator is bound to procure letters of administration within the like time and in like manner as an acting executor is bound to procure probate (4479).

4524. After Seven Days.-An acting administrator, being the next of kin, or having procured the requisite renunciation or renunciations in his favour, may effectually apply for letters of administration, any time exceeding seven days after the death of the intestate.

THE AFFIDAVIT.

4525. Upon applying for letters of administration, the administrator must make affidavit in like manner as upon an application for probate (4484).

4526. Simple Form.-When an intestate leaves a widow or a son, the form of the affidavit is much simplified if such survivor makes it; thus,

4527. Example.-A form for an affidavit by the son of an intestate, upon applying for administration, may be as follows:

In the goods of John Smith, deceased.

I, William Smith, of Milford, in the county of Kent, make oath and say, that John Smith, late of Hopgood, in the said county of Kent, deceased, died intestate, and that I am his eldest surviving son; that I will faithfully administer the personal estate and effects of the said deceased, by paying his just debts, and distributing the residue of his estate according to law (4485); that I will exhibit, &c., the same as for probate (4485).

4528. According to Law.-The most noticeable distinction between an affidavit for administration and one for probate is the expression "according to law" (4527), instead of "according to his will" (4485).

4529. After Renunciation.—When superior relations have renounced in favour of an inferior relation, words in accordance with the facts must be inserted in the affidavit.

MORE COMPLICATED FORM.

4530. When an intestate leaves only distant relations, or no known relations, some additional complication arises in making an affidavit for administration of his estate.

4531. Extreme Case.-An extreme case of an intestate dying without relatives of near degree, or none at all, is illustrated in the following form:

In the goods of John Smith, deceased.

I, Charles Dixon, of Milford, in the county of Kent, make oath and say, that John Smith, late of Hopgood, in the said county of Kent, deceased, died a bachelor, without surviving parent, brother or sister, uncle or aunt, nephew or niece, and intestate, and that I am the lawful cousin-german and one of the next of kin of the deceased (i) [or one of the lawful creditors of the deceased (4)]; that I will faithfully administer the personal estate and effects of the said deceased by paying his just debts and distributing the residue of his estate according to law (4528); that I will exhibit, &c., the same as for probate (4485).

4532. Additional Affidavit.-After the first affidavit for administration has been duly made, an additional affidavit must be made, corresponding to the one required for probate (4486).

THE BOND.

4533- When the requisite affidavits for administration have been duly made, the most important business of entering into the administration bond has to be gone through; for,

4534. Faithful Administration.—Contrary to the immunity enjoyed by executors (4502), administrators are invariably required to enter into a bond with sureties for the faithful administration of the estate; and

4535. Two Sureties.-The established practice, in the majority of cases, is to require two sureties; though,

4536. One Surety.-When a widower voluntarily administers to his late wife's estate (2517), or when an estate is under £50 in value, one surety is usually accepted as sufficient.

4537. Discretionary Amount.—The amount for which an administration bond must stipulate is somewhat at the discretion of the registrar; but,

4538. Double Amount.-Unless some sufficient reason can be