The Practice of the Ecclesiastical Courts

with Forms and Tables of Costs (1847)

by Henry Charles Coote
Proctor in Doctors' Commons, and one of the examiners to the Judicial Committee of Her Majesty's
most honourable Privy Council and the Arches and Prerogative Courts of Canterbury

Extract: Testamentary Causes

1. [General proceedings.]
2. Subtraction of legacy.
3. Interest causes.
4. Inventory and account.
5. Distribution of intestate's personal estate.
6. Suit to permit a bond to be sued upon.
7. Citing to accept or refuse probate of letters of administration.
8. General practice
9. The compulsory execution of sentences and proceedings in contempt.
10. Appeals.[General Proceedings:]
Proceedings by Caveat 439
Form of Caveat 440
Warning of Caveat 440, 441
Writing to the Caveat 441
Proceedings by Decree 442
Forms of Decree 442
Return of Decree 465
Nature and Forms of Proxies 465
Proceedings in Poenam (on penalty) 471
Admission or Denial of a Party's Interest 472
Affidavits of Scripts 473
Nature and Forms of Decrees to see proceedings 477
Forms of Primary Allegations 487
Forms of Responsive Allegations 556
Prosecution of Suit 631
Form of Sentence 631

2.spaceSubtraction of legacy:
Nature of Suit 634
Form of Citation 635
Form of Libel 637
Prosecution of Suit 640

3.spaceInterest causes:
Nature of Suit 641
Form of Allegation 643
Interest Cause by Act on Petition 662
Form of Act on Petition 663
Prosecution of Suit 675

4.spaceInventory and account:
Nature of Suit 675
Form of Citation 676
Form of Proxies 678
Form of Inventory 679
Form of Account 681
Mode of Prosecuting Suit 683
Form of Allegation in Objection to an Inventory 684
Admission and Approval of Inventory and Account 687
Form of Act on Petition in Objection to Inventory and Account 688
Correction of Inventory and Account 694

5.spaceDistribution of intestate's personal estate:
Nature of Suit 694
Form of Citation 695
Mode of prosecuting Suit 697
Registrar's Report 697
Conclusion of Suit 710

6.spaceSuit to permit a bond to be sued upon:
Nature of Suit 712
Forms of Decree 721, 728, 733
Form of Act on Petition as to liability of Sureties 739
Proceeding where no Appearance is given by the Sureties 749
Bond of Indemnity on Administration Bond being delivered out 750

7.spaceCiting to accept or refuse probate of letters of administration:
Mode of prosecuting Suit 754
Forms of Decree 755, 757, 761
Grant of Probate or Letters of Administration 764

8.spaceGeneral practice:
Observations thereon 765
Form of Letters of Request and Service thereof 766
General Proceedings 774
Forms of Personal Answers 774
Mode of compelling attendance of Witnesses 779
Mode of taking Evidence 781
Forms of Interrogatories 788
Forms of executing a Commission for the Examination of Witnesses 796
Publication of Depositions 806
Exceptive Allegations 807
Acts on Petition 816

9.spaceThe compulsory execution of sentences and proceedings in contempt:
Mode of Proceedings to put a Party in Contempt for Non-Appearance 817
Forms of Decrees to see Proceedings, (after contempt) 818
Mode of Proceedings to put a Party in Contempt for Non-Payment of Costs, &c. 823
Form of Monition for Costs 824
Form of Monition for Alimony 827
Signification 829
Writ of Deliverance 831
Order of Discharge 833
Sequestration under 2 & 3 Will. 4, c.93 834
Form of Sentence in poenam (on penalty) 835
Decree Viis et Modis (by ways and means) 838
Distribution of Suits 845
Schemes of Assignations 845, 848, 849, 853
Orders in Court 855

Nature of Appeals 860
Mode and Instruments of Appeal 867
Inhibition and Citation 874
Petition of Appeal to Her Majesty in Council 878
Prosecution of Appeal 880
Nature of Attentats 880
Mode of Proceeding thereon 881
Forms of Proxies 881
Forms of Libels of Appeal 888
Adhesion to an Appeal 894
Form of Instrument of Appeal 894
Form of Libel of Adhesion 900
Form of Monition to transmit Process 908
Form of Monition to transmit Originals 911
Denial and Proof of Appeals 915
Prosecution of Cause of Offence 915
Remission of a Cause 917
Relaxation of an Inhibition 919
Proceedings on Appeals 921
Official Fees and taxed Bills of Costs 927