A Treatise of Testaments And Last Wills : Compiled Out of the Laws Ecclesiastical, Civil, And Canon, As Also Out of the Common Law, Customs And Statutes of This Realm. the Whole Digested Into Seven Parts ...

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Wherein, for my own Part, I hold it to be a Matter of great Importance, becaufe it concerneth r panor. in cap. a Man's whole Eftate r . And yet neverthelefs, I hold it to be a 2™"£ & P DD. U i- more fafe Courfe to prove the Will, at leaft when the Executor is bidem. an honcft fubftantial Man, than to fufter the Goods to perim, or to be fubjeft to be purloined by Men and Means unknown. But to re- turn to the Queftion formerly propounded, whether the Death of him that is abfent may be proved by a... common Voice and Fame ; it may be determined by thefe Cafes following. Whereof the Firft is, when the Party hath been abfent long, and the Fame of his Death f Mafcard. de pro- ancient ; this Fame alone is a fufficient Proof of his Death f . The bat. conciuf. 1074. {econd Cafe is, when the Fame is that he died in a Place far di- 393.' Menock" de ft ant 3 as (peradventure beyond the Seas ; ) in which Cafe the Fame adipifcend.poft. re- of his Death is fufficient ; but if he died in a Place not far off, then med.

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