TO WHICH IS PREFIXED A SYSTEMATIC DISSERTATION UPON THE ADMISSIBILITY OF
PAROL AND EXTRINSIC EVIDENCE, TO EXPLAIN AND CON-

TROUL WRITTEN INSTRUMENTS.

BY WILLIAM ROBERTS,

Of Lincoln's Inn, Author of a Treatise on Fraudulent Conveyances, &e.

34039

SECOND AMERICAN, FROM THE LAST LONDON EDITION.

WITH REFERENCES TO, AND A DIGEST OF THE AMERICAN DECISIONS, AND THE LATE
DECISIONS IN GREAT-BRITAIN, ARRANGED UNDER THEIR APPROPRIATE HEADS s;
AND AN APPENDIX SHEWING THE EXTENT OF THE ADOPTION OF THE STAT-
UTE OF 29 CAR. II. c. 3, IN THE SEVERAL STATES OF THE UNION :
BY A MEMBER OF THE BAR.

HARTFORD :

OLIVER D. COOKE & SONS.

..........

DISTRICT OF CONNECTICUT, ss.

BE IT REMEMBERED, That on the twenty-seventh day of May, in the fortyL. S. seventh year of the independence of the United States of America, OLIVER D.COOKE & SONS, of the said district, have deposited in this office the title of a Book, the right whereof they claim as proprietors, in the words following, to wit:

"A Treatise on the Statute of Frauds, as it regards declarations in trust, contracts, "surrenders, conveyances, and the execution and proof of wills and codicils, to which is "prefixed a systematic dissertation upon the admissibility of parol and extrinsic evidence, "to explain and controul written instruments. By WILLIAM ROBERTS, of Lincoln's Inn, "author of a Treatise on Fraudulent Conveyances, &c. Second American, from the last "London Edition, with references to, and a digest of the American decisions, and the "late decisions in Great-Britain, arranged under their appropriate heads; and an ap"pendix shewing the extent of the adoption of the statute of 29 Car. ii. c. 3, in the several "states of the union: By a member of the bar."

In conformity to the act of the Congress of the United States, entitled, "An act for the "encouragement of learning, by securing the copies of Maps, Charts and Books to the "authors and proprietors of such copies during the times therein mentioned." And also to an act, entitled "An act supplementary to an act entitled an act for the encourage"ment of learning, by securing the copies of Maps, Charts and Books to the authors and "proprietors of such copies, during the times therein mentioned, and extending the "benefits thereof to the arts of designing, engraving and etching historical and other 66 prints."

CHARLES A. INGERSOLL,
Clerk of the District of Connecticut.

A true copy of Record, examined, and sealed by me,
CHARLES A. INGERSOLL,

Clerk of the District of Connecticut.

TO THE

HON. SIR ALLAN CHAMBRE, KNIGHT,

ONE OF HIS MAJESTY'S JUSTICES

OF THE

COURT OF COMMON PLEAS, &c.

SIR,

I HAVE ventured to prefix your Name to these sheets, with the hope of attracting your attention to a Work, the fatigue attending the execution whereof will be amply compensated, if it shall be so fortunate as to obtain your approbation. Your permission to do this has not been asked, because I was unwilling to involve the credit of your judgment in the success of my enterprise. But the very nature of my undertaking, naturally reminded me of some professional obligations to you at the commencement of my studies, and I was glad of this opportunity of giving you an appropriate, though, perhaps, unworthy testimony of the sentiments which your kind assistance excited

in me.

The sort of publication which I have ventured to bring forword, aspires to something above the rank of a mere compilation of cases; and as it is composed with a view to reduce into system and harmony a great variety of interesting topics, at present involved in much apparent contradiction, and inconsistency of doctrine, it is of some importance to the profession, that the credit of such a book should soon be fixed; and who is more able to establish its character, in the opinion of lawyers, than yourself? If I shall have seemed to you to have affected things above my ability, I shall best learn from your authority a lesson of prudent humility, and my misemployed industry will receive

iv.

a salutary correction. May I then humbly request you, to take up my volume, with a view to give me the advantage of your opinion of its execution, and thus to anticipate inferior criticism? You will thereby satisfy me as to the degree of my present success, before I engage again in the intended prosecution of my ultimate plan of reviewing the remaining subjects of the Statute of Frauds, and also the provisions of the statute of fraudulent devises, for which my materials are already col· lected.

Precipitancy is no excuse for error: no apology is meant to be founded upon the necessity which the pressure of other engagements has laid upon me of composing and preparing for the press this entire volume, in the course of the summer and autumn of this year. But I may, perhaps, without irreverence, impute to the irresolute urbanity and over refining temper of our courts, in the application of the provisions of this great Statute, doubting between the danger of departing from, and the rigour of adhering to the letter, much of that difficulty by which I have been overcome. With you, Sir, Sir, I know this will plead for me with its just effect, and by this assurance I feel myself strengthened for the trial that awaits me at the bar of the public. With the sincerest respect, I am,

Sir,

Your much obliged

And very humble servant,

WILLIAM ROBERTS.