WILL. 



But in cafe of contell, it is necefTary to prove the fanity of 

 the teftator. 2 Atk. 56. 



For the different modes of devife, and the legal meaning 

 of the appropriate terms by which they are expreffed, we 

 refer to Burn's Ecclefiaftical Law, ubi infra. 



From the above accounts it follows, that teftaments may 

 be avoided three ways : i. If made by a perfop labouring 

 under any of the incapacities before mentioned. 2. By 

 making another teftament of a later date. And, 3. By 

 cancelling or revoking it. 



The Romans were wont to fet afide teftaments, as being 

 inofficwfa, deficient in natural duty, if they difinherited or 

 totally paffed by (without afligning a true and fufficient 

 reafon) any of the children of the teftator. But if the child 

 had any legacy, though ever fo fmall, it was a proof that 

 the teftator had not loft his memory nor his reafon, which 

 otherwife the law prefumed. Hence probably, fays B4ack- 

 ftone, has arifen that groundlefs vulgar error of the necef- 

 fity of leaving the heir a ftiiUing or fome other exprefs 

 legacy, in order to effeftually difinherit him ; whereas the 

 law of England, though the heir or next of kin be totally 

 omitted, admits no querela tnofficioja, to fet afide fuch tefta- 

 ment. Burn's Eccl. Law, vol. iv. art. Will. Blackft. 

 Com. book ii. 



Wills of Seamen and Marines. By the ftatute 26 Geo. III. 

 c. 63. no will made by any petty officer or feaman in the 

 king's fervice, whereby any wages, pay, prize-money, or 

 allowance of money of any kind due for fuch fervice is be- 

 queathed, ftiall be valid, unlefs, if made while the party is 

 in the fervice, it be figned before and attefted by the captain, 

 or the officer then commanding, and one of the figning of- 

 ficers of the ftiip to which the party belongs, and unlefs it 

 fpeeify in the body thereof the name of the ftiip, and the 

 number at which the maker of the will ftands upon the 

 (hip's books, and contains a full defcription of the refidence, 

 profeflion, or bufinefs of the perfon in whofe favour it is 

 made, and the day of the montli and the place where it was 

 executed, or by the agent of any of his majefty's hofpitals 

 or quarters appointed to receive fick and wounded feamen, 

 in which the party may be at the time ; or if made by fuch 

 officer or feaman difcharged from the fervice, within the 

 bills of mortality, unlefs it be attefted by the officer ap- 

 pointed by the treafurer of the navy to infpe-ft fuch wills % 

 or if made at any of the ports where feamen's wages are 

 paid, unlefs it be attefted by the treafurer of the navy, chief 

 or fecond clerk there ; or if made at any other place, unlefs 

 it be attefted by the minifter and churchwardens of the parifh 

 in England or Ireland, or by two elders of the parifti in 

 Scotland. In order to obtain a probate thereof, the will 

 muft be fent to a proftor by the infpeftor of wills appointed 

 I by the treafurer of the navy. 



I If any fuch petty officer or feaman (hould die inteftate, 

 ! the perfon claiming adminiitration muft apply by petition to 

 ■ the faid infpeftor, who is to grant a certificate direfted to 

 ; a proftor, that letters of adminiftration may pafs in favour 

 1 of the petitioner, if entitled thereto by law. 

 I If any proftor, regifter, or other officer of any ecclefi- 

 i aftical court fhall be aiding and affifting in procuring pro- 

 ' bate of a will, or letters of adminiftration, for the purpofe 

 ' of enabling any perfon to receive fuch wages, pay, prize- 

 I money, or allowance of money of any kind, without firft 

 [ obtaining the certificate from the infpeftor of feamen's 

 : wills, or perfon authorized to officiate for him, every fuch 

 ' proftor, regifter, or other officer, ftiall forfeit 500/., and for 

 ever after be incapable of afting in any capacity in any ec- 

 ! clefiaftical court in Great Britain or Ireland. 

 i And by the 32 Geo. III. c. 34. after the ift day of Au- 

 Vol. XXXVIII. 



guft 1792, noletterof attorney or will of a non-commiffioned 

 officer of marines or marine ftiall be valid unlefs made accord- 

 ing to the z6 Geo. III. c. 63. 



All are to be deemed petty officers, feamen, marines, &c. 

 except fuch as are rated upon the books of fuch ftiip, ad- 

 mirals or flag officers, and their fecretaries, captains, and 

 lieutenants, mafters, fecond mafters, and pilots, phyficians, 

 furgeons, chaplains, boatfwains, gunners, carpenters, and 

 purfers, captains of marines, captain lieutenants of marines, 

 lieutenants, and quarter-mafters of marines. 



Every lieutenant, on board any of his majefty's ftiips, 

 ftiall upon a page of every mufter book of fuch ftiip fign 

 his name for the purpofe, and for the purpofe only, that the 

 infpeftor of feamen's wills, or fuch perfon as ftiall be de- 

 puted by him, may have an opportunity of comparing the 

 fame with the name of any fuch lieutenant attefting the will, 

 &c. executed by or in favour of any petty officer, feaman, 

 non-commiffioned officer of marines or marine. 



And all captains of ftiips ftiall, upon their monthly muf- 

 ter books or returns, fpeeify which of the men, mentioned in 

 the faid returns, have granted or iffued any will or teftament 

 during that month or fpace of time from the preceding re- 

 turns, by inferting the date thereof oppofite to the party's 

 name. The mufter books, &c. in cafe of failing from any 

 foreign ftation, at a time when no opportunity ftiall offer of 

 tranfmitting them to the navy-board, to be left with the 

 naval officer of the place, if any, or with forae refpeftable 

 merchant, with direftions to forward the fame to the com- 

 miffioners of his majefty's navy by the firft fafe opportunity, 

 and in cafe of the removal of the commander, to be deli- 

 vered over to his fucceflbr and a receipt given for the fame. 



Provided that it ftiall be lawful for the minifter of anv 

 parifti, to whom the infpeftor of feamen's wills ftiall trans- 

 mit his check of any letter of attorney or will, pafted and 

 allowed by him, to deliver the faid check to the attorney or 

 executor in the faid letter of attorney or will named and ap- 

 pointed. And all feamen's letters of attorney, and wills 

 made prior to the ift of Auguft 1786, and thofe of marines 

 prior to the ift of Auguft 1792, ftiall be examined and in- 

 fpefted by the infpeftor of feamen's wills for the purpofe of 

 preventing frauds, forgeries, or impofitions of any kind 

 therein ; and if fuch infpeftor ftiall fee no caufe to fufpeft 

 the authenticity of the fame, he ftiall affix the ftamp of his 

 office, and iffue checks for the fame, but if he ftiall fee good 

 caufe to fufpeft the truth and authenticity of fuch letter of 

 attorney or will, he ftiall report the fame to the treafurer, or 

 to the paymafter of the navy, and ftiall enter his caveat 

 againft fuch letter of attorney or will, which ftiall prevent 

 any money from being had or received thereon until the fame 

 ftiall be authenticated to the fatisfaftion of the faid treafurer 

 or paymafter. 



The wages, pay, prize-money, or allowances of petty 

 officers or feamen, non-commiffioned officers of marines, and 

 marines dying inteftate, are to be paid only upon letters of 

 adminiftration obtained in the following manner : 



The perfon claiming fuch adminiftration ftiall fend or give 

 in a note or letter to the infpeftor of feamen's wills, ftating 

 the name of the deceafed, the name of the ftiip or fliips to 

 which he belonged, and that he has heard or been informed 

 of his death, and requefting the infpeftor to give fuch di- 

 reftions as may enable him to procure letters of adminiftra- 

 tion to the deceafed, or to the like effeft, upon receipt 

 whereof tlie infpeftor of feamen's wills (hall deliver or fend 

 to the perfon claiming fuch adminiftration, a paper in a pe- 

 cuUar form of words, which paper being duly filled up and 

 certified ftiall be returned to the treafurer, or to the pay- 

 mafter of his majefty's navy, London, who upon receiving 



3L the 



