A Short History of English Law From the Earliest Times to the End of the Year 1
A Short History of English Law From the Earliest Times to the End of the Year 1
Jenks, Edward, 1861-1939
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The purely ' ambulatory ' disposal, usually by mere word of mouth, of the 'dead's part, ' to take effect on his decease. Such wills, being revocable and secret, were usually made in articulo mortis, and were really part of the dying confession. Naturally, the execution of these fell into the hands of the Church, which, also, usually turned out to be chiei legatee. Naturally, also, the Church insisted strenuously upon the duty of making a will, and almost stigmatized as doomed to perdition the u...nlucky man who omitted this duty — at least if he had fair warning of his impending death. Naturally, in the last place, the Church contended strongly, that such a lapse from duty should not deprive her of property which should have been left for pious uses; and, as has been seen, she seems to have made good her claim by the end of the period under review. Thus the Church in England acquired that unrivalled posi- tion in the matter of wills of chattels which remained almost > See Bracton, lib.
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