the further completion being prevented by the intervention of incapacity; (r) and the principle still holds, even if the instructions pass through the medium of a third person. This was decided in Lewis v. Lewis; (s)—instructions were given by the deceased, which were reduced into writing, during his lifetime, by one who was to transmit them to a solicitor: sudden death intervened before the will could be duly executed, and it was held, that such instructions were entitled to probate.

From this review of the cases, it follows, that all that is absolutely necessary to entitle a paper to probate is, that proof should be given that the paper was written in the lifetime of the deceased, and contains his final wishes as to the disposition of his personal estate after his death.

(r) Gardner v. Smith, in 1727, cited by Sir John Nicholl in Sikes v. Snaith, 2 Phil. 356; Bury v. Bury, 1791, ib. 355; Box v. Wetherby, 1804, ib. 355; Wood v. Wood, 1 Phil. 357; Sikes v. Snaith, 2 Phil. 351.

(8) 3 Phil. 109.

and marriage at Gretna Green, 53.
conviction of abductor, 54.

Note: On the law of Abduction, 53 (a).

ACCEPTANCE,

of testamentary provision in lieu of annuity, 55.
agreement to accept annuity in lieu of dower, 56.
of bill of exchange, 138.

ACCOUNT,

intention to open banking account, and agreement to con-
vey estate as a security for money overdrawn, 126.

repayment of advances to be secured by bond, 127.
agreement to allow banking account to be overdrawn,
on being indemnified, 129.

to secure money overdrawn by bond of principal
and a surety, ib.

that bankers have allowed account to be overdrawn,
debtor agreeing to assign policy as a security, 130.
adjustment and settlement of, 56.

and agreement to execute mutual releases, ib.

made_up between copartners before death of one of
them, 57.

between mortgagor and mortgagee, ib.

stated between mortgagor and executor of mortgagee, ib.
with mortgagee in possession, on releasing equity of
redemption, 58.

allowance by creditors of stated account, 59.

administrator's accounts set forth in schedule, 60.

rendered and examined, ib.

that trustees have made out account of their receipts
and payments, ib.

presentment of accounts and vouchers, 61.

inspection and approval of, ib.

ACT OF PARLIAMENT, 61.
conveyance in pursuance of, ib.
fulfilment of requisitions of, 62.

expediency of applying for act to exonerate accountant's
estates from claims of crown, ib.

of repealing provisions of recited act, and of granting
others, 63.

that purposes cannot be effected without the aid of, ib.
ACTION. See Judgment.

on bills of exchange, 64.

in ejectment, ib.

judgment and execution, 65.

that action was commenced against tenant in possession
to recover premises, 64.

that tenant entered into consent rule, and pleaded, 65.
and pleadings, ib.

before Court of Session in Scotland, 66.

agreement by obligees to enforce securities against obligor,
as the means of relieving sureties from their liabili-
ties, 68.

ADMINISTRATION,

intestacy and letters of, 68.
limited letters of, 69.

de bonis non, ib.

grant of, to committee, 279.

Note. On taking out Administrations in cases of terms
of years, 467.

ADMITTANCE,

to copyholds as tenant in fee, 70.

as tenant in tail under will, ib.

of trustee to copyholds, ib.

Note. On the effect of Admitting a tenant under a sur-
render upon trusts, 71 (d).

bill to enforce admittance to copyholds, ib.

Note. On the jurisdiction of Courts of Equity to enforce
admittance, ib. (e)

ADVOWSON,

title to, 72.

grant of, 73.

contract for sale of, ib.

GE,

attainment of, 74.

GENT,

by surviving children, ib.
tenant for life, ib.

deceased children, 75.

certain persons, others being infants, ib.

that purchaser acted as agent only, 75.

agreement to employ, 76.

to act as, ib.

on decease of present agent, 77.

desire to employ insurance broker, 76.

intention to leave the united kingdom, and consent of
one to act as agent during the absence of principal, ib.

AGREEMENT. See Contract for Purchase.

articles of, 77.

by copartners to convey their property to trustees for cre-
ditors, 155.

heir at law to join in conveyance, 172.

persons interested in purchase-money to join in con-
veyance, ib.

husband and wife for separation, 372.

for application of purchase-money where there are several
interested in mortgage-money, 99.

persons having conflicting interests, 101.

apprenticeship, ib.

apprentice binding himself, 102.

to a surgeon, ih.

to an attorney, ib.

conveyance in consideration of indenture already pre-
pared, 176.

exchange, 198.

gradual liquidation of debts, 156.

marriage, 282.

mutual conveyance, 174.

release, 200, 320.

partition, 308, 311.

perpetual renewal, 362.

on marriage to settle estates, and pay off mortgage, 172.
separation to allow wife an annuity, 373.

to assign wife's paraphernalia to her trustees, 374,
sale of estate to give bond of indemnity, 145.