enforces that duty, which by law is generally required; 1 Phill. 247; but it has no jurisdiction to decree it otherwise. 1 Lee, 443, ante, 701, 702.

But it has been laid down in a variety of cases, that a probable interest is sufficient, because the inventory was so much a matter of duty, (a) that the executor was bound to exhibit it, even where there was only an appearance of interest in the party calling for it; and parties hanging back have been generally condemned in costs. 1 Phill. 241; 2 Lee, 399, 345. So, a contingent interest has been held sufficient; 2 Phill. 57.

A residuary legatee is not prevented from calling for an inventory, though he may be joint executor, for the whole of the effects may have got into the hands of the co-executor without his privity. 2 Add. 237.

Inventory.

Who may

call for.

A creditor is entitled to an inventory on swearing to a certain Creditor. sum due to him. 1 Lee, 251, 471, 561; 2 Lee, 188. A physician is not a creditor for his fees; 1 Lee, 102. Though a bond may be controverted in an action at law; a bond creditor is not, on that account, the less entitled to an inventory. 2 Add. 234. Where the debt sworn to by a creditor, appeared to be barred by the statute of limitations, it was said, that though the statute was properly pleadable at common law, the court could not take notice of it for this purpose. 2 Lee, 345. A minor, on coming of age, having renounced in favour of a creditor, the creditor has a right to call on the administrator, durante minore ætate, for an inventory and account. 1 Lee, 15.

Sir G. Lee decided, that an administrator pendente lite, is Who to bound to exhibit an inventory and account, although a bill in exhibit. Chancery may have been filed against him for a discovery of the deceased's effects; 2 Lee, 131; but Sir W. Wynne, 1 Phill. 247, seems to have considered the pendency of such a bill in Chancery, a ground for refusing to compel an inventory, as the

(a) The duty of exhibiting an inventory is so imperative, that the court must enforce it on all occasions. Therefore, the giving a release by a residuary legatee, does not bar him from insisting upon an inventory, for the court cannot judge of, nor notice such an instrument. 1 Hag. 105. But in one case, a release was held a bar till set aside in equity; 1 Lee, 525; in another case, where the executrix by her answer, admitted assets to pay a legacy and costs; an inventory was refused, as useless. 2 Lee, 101.

In some cases the court directs an inventory ex officio, 1 Phill. 240, as in the cases of minors. 2 Lee, 399; 2 Add. 238.

Where property has been conveyed away by the deceased, by a bill of sale, an inventory from the administrator cannot be insisted on. 2 Lee, 356.

R RR

Inventory. party should not proceed in both courts; and so indeed did Sir G. Lee in a subsequent case. 2 Lee, 269.

What to contain.

When it may be

called for.

The representatives of a joint executor, who, as there was a surviving executor, did not represent the original testator, may be called upon for an inventory, if there be reason to believe they have received any part of his effects. 2 Add. 234; and vid. İ Hag. 139, So there seems no objection to the executors of a creditor, who, upon the renunciation of the widow of the deceased, took out administration with the will annexed, being called on by the executor of the widow of the son of the original testator, who also took administration with the will annexed, of such son, and also administration of the goods of the widow of the original testator, who was his universal legatee. 1 Add. 144. When the court decrees an inventory, it expects a full and satisfactory one to be delivered, 1 Lee, 623, as it is the only source from whence the court can collect the value of the estate for bond securities or otherwise, 2 Lee, 244; but if a business be carried on by representatives, the court cannot require the inventory to include the profits of the business since the death. 1 Hag. 250, and vide 2 Phill. 57. Where the administratrix durante minore ætate carries on business for a minor, she has been spoken of as a trustee and obliged to account, 2 Lee, 508; but in that character, she cannot, it is conceived, be called on by the ecclesiastical court, but only by the court of Chancery. So the ecclesiastical court cannot direct the inventory to include a leasehold held on a mortgage, the mortgagee being accountable only in chancery. 1 Lee, 431. Nor, it seems, need the inventory contain an account of effects without the jurisdiction, as of property in a foreign country, Germany, 2 Lee, 554, nor out of the province; for instance, the prerogative court of Canterbury cannot require an inventory of effects in the province of York of in Ireland; ibid. 555; in such cases there must be separate probates; ante, 968. If an inventory be insufficient there may be a decree for a further inventory. 2 Lee, 271, 332, sed post, 979.

The law has not fixed any time beyond which an inventory cannot be called for, and therefore time cannot be pleaded as a bar to the demand; still, in reason and practice, it may operate as a bar; where, therefore, an inventory was called for after a lapse of forty-five years, and the general circumstances of the case led to a reasonable presumption that the estate had been fully administered, an inventory was refused; 1 Add. 144; 4 Hag. 243; 2 Add. 311; but as no inventory nor any account in any sort had been exhibited, the application, though dismissed, was dismissed without costs; ibid. 157; and vid. Ï Phill. 242. But in another case, where from lapse of time, acquiescence, and the general circumstances of the case, the court con

sidered there was no gronnd for the application, the application Inventory. was dismissed with costs. 1 Hag. 251. Where thirty-five years had elapsed, and there was no reason to suppose the executor to be in possession of any of the property of the testatrix, the application for an inventory was dismissed with costs. 4 Hag. 241. So where seventeen years had elapsed, and a declaration of the debts and effects of the deceased had been given, but no regular inventory, the court dismissed the application. 4 Hag. 242.

to.

Whether the ecclesiastical court can entertain objections to Objections an inventory is a matter upon which the ecclesiastical and common law courts are not agreed: hitherto the ecclesiastical courts have allowed allegations in objection to inventories, and answers to be taken upon such allegations, 1 Lee, 347; 2 Lee, 561; 3 Hag. 784; but they have not permitted witnesses to be examined upon the allegations, in order to falsify the inventory. 2 Add. 331, 336; 2 Phill. 189; at least, they would not permit witnesses to be examined in opposition, except perhaps in a case where the answers were unsatisfactory. 2 Add. 336. The court of king's bench has, however, held that the ecclesiastical judge acts merely ministerially, and issued a prohibition, on a suggestion that he was about to hear exceptions to the inventory, and compel a fresh one. 5 M. & S. 406; and vid. 3 Burr. 1922; 5 Ad. & Ell. 623; and Mr. Williams's observations on this point. Williams on Executors, 714.

In testamentary causes the proceeding is sometimes com- Testamenmenced by a caveat entered by a party interested in the effects tary suits. of the deceased person against the grant of any representation, either by probate or letters of administration, without notice being first given to him who enters the caveat. 2 Phill. 315; 3 Hag. 248. This caveat is then warned (a) by the party claiming the representation either as executor or administrator, which is in effect a notice to the proctor entering the caveat, that he must appear and take further steps, if he intends to continue his opposition. Both parties are then assigned, by order of the court to set forth their respective claims, and the suit thus commences, either to try the validity of an alleged will or the right to administration, either as under an intestacy, or with a will annexed. Rep. Eccl. Com. 15; 3 Hag. 616; 1 Phill. 132, 179, 347; 3 Phill. 314; 1 Lee, 655.

Again, another mode of commencing a suit in testamentary causes, is, for the executor or other person, claiming to take the grant of probate of a will or other testamentary instrument, to cite the next of kin, and other parties interested under an intestacy or a former will, to appear and see the will propounded and

(a) Of warning a caveat, vid. 2 Phill. 432; 3 Hag. 248.

tary suits.

Testamen- proved by witnesses; and if the parties do not appear and oppose the probate, they are barred from afterwards contesting its validity; unless on account of absence out of the kingdom, or the like sufficient cause for non-appearance, be shewn. Rep. Ecc. Com. 15.

So again, the next of kin or other parties entitled, either to the grant of administration, or under a former will, may cite the executor or other person apparently benefited under a suggested will or testamentary instrument, to appear and propound it; or otherwise show cause why administration should not be granted, to the deceased, as having died intestate, or probate decreed of a former will; and the parties cited, not appearing, are bound from afterwards setting up the will. But if probate or administration be taken in common form, without citing persons having an adverse interest, the grant may afterwards be called in, and the executor or administrator cited, and put upon proof of his right, as if no such common form had issued; ante, 947.

Again, where no grant is applied for by the person primarily entitled to it, such as an executor, residuary legatee, or next of kin, process may be taken out by any person claiming an interest in the effects of the deceased, such as a legatee, a party in distribution, or a creditor, calling upon the persons primarily entitled to accept or refuse the grant, or otherwise to show cause why it should not pass to such person claiming an interest; ante, 954.

If a person be dead intestate, without leaving any known relations, a creditor may obtain the grant, upon advertising for next of kin in the Gazette, and a morning and evening newspaper, serving a process on the Royal Exchange, and on the king's proctor, the crown having a right to take the grant, if desired; ante, 954, 955.

In all these and similar cases, the facts must be supported by affidavit, all due notice is required to be given, and the grant is moved for before the court, at its sitting.

With regard to the changes in various dioceses by 6 & 7 Wm. 4, c. 77, ante, 368. It is provided, by s. 22 of that act, that the law of bona notabilia shall not, for one year, be altered; this exception has been continued, by 1 Vict. c. 71, and 2 & 3 Vict. c. 55, to the 1st of August, 1840, or, if parliament be then sitting, to the end of the next sessions.

mon law.

By the laws and custom of the realm, the body of the church, At comthe belfry, and all public and common chapels within or adjoining to the church, are to be re-edified, maintained, and repaired at the charge of the parishioners and landholders within the parish. Degge, 202; ante, 163, n. (a), 166, 167, 168.

The fund for repairing the church is obtained by a rate usually called a church rate, equally assessed upon all the property in the parish; the persons in occupation of the property being rated in respect thereof, and held responsible for the amount of the rate assessed, vid. post, 989, n. a. But besides the repair, the expenses attending the service of the church are to be