Star.
London, England, 1829-11-13 00:00:00

PROBATES OF WILLS.

Some time during the last session of Parliament a
return was ordered, in consequence of the motion of Mr. Prothe-
roe,of the different courts and other authorities in the country em-
powered to grant probates of wills. That a registry of wills is
necessary no one can doubt, and that every measure of security
should be adopted for the preservation of them, and every facility
afforded to the inquirer, seems equally evident. From an exami-
nation of the report, andi a practical knowledge of the system, it
is, however, no less evident that the latter objects are far (runt
being accomplished. In most cases they are very insecure. It,
many cases there is considerable difficulty in getting at them, and
in all cases the object is only to be attained at great expense. Of
course, I do not speak of the Prerogative Court of Canterbury,
inasmuch as all wills are there easily obtained through the medium
of Is. and an alphabetical index for the year; altboueb, as far as
regards the poorer inquirer, to whom the facilities ought to be
greater, the band in which they are transcribed must be nearly as
illegible as Greek or Hebrew ; and then another Is. is required,
in order that he may be made to understand it.
A slight survey of the different Courts in the kingdom will serve
to convince any one of their insecurity and their inconvenience.
Let us take a few, by the way of example. In the see of Bath
and Wells, one Court keept its records in a room " at the outer
entrance of the palace," another " in a room belonging to and ad-
joining to the house of a late deputy registrar." a third in a room
'" at Taunton," and a fourth in a room " over the cloirters." 1,,
Bristol, some wills are in the Cathedral, some at Blandford, and
others at Wimborne. In Chichester, we find them not only in a
private dwelling-house in that city, but at Lewes sad at Bette!.
In &. David's they are to be met with at Haverfordwest and
Brecon. In Ely at no less than five different Courts. In Exeter
the scope for inquiry ranges from Exeter to Totness, from Totness
to Bothnia, front Bodmin to Barnstaple, and from Barnstaple to
Penzance. To have a better idea of this disjointed system, take
the following use :—A person writes to Exeter for the will of a
man who has died within the limits of the Arcbdeaconry of Corn-
wall; a letter comes back, informing him that be must write to
the registrar at Bodmin. The registrar at Bodmin writes that the
will is not there, by reason of the Bishop's inhibition (a periodical
suspension of the lesser power), sod he then re-writes to Exeter.
All this is frivolous, vexatious, and absurd. To proceed :in Gloss.

tester they are kept in an insecure building, and the Dean and
Coapter have not (as the return testifies) yet been brought to al-
low a more secure place to be provided! In Lichfield, we are
sent sometimes to Bridienorth, at others to Shrewsbury and El-
lesmere, and even in the Peak of Derbyshire. York is eminently
fertile in the abuses of peculiars and manorial courts--but it is use-
less to swell the list. One diocese tclietb another, and the evil
will be best explained by referring to the report. One hypothetical
instance more will suffice. A person wishing to obtain the will of
a man who died at Theme, in Oxfordshire, naturally writes to Ox-
ford ; from Oxford he is referred to Lincoln, and from Lincoln to
Aylesbury, in Buckinghamshire, that place being a peculiar in the
deanery of Lincoln ! To give a still better idea of the peculiari-
ties of some of these said peculiars, the following note, relating to
that of Corabam, in Wilts, occurs in the report :—" The vicar is
now abroad, but is expected home shortly no wills can be proved
In his absence!" First, then, the keeping of wills over porches and
cloisters in cathedrals is had, because they are exposed to damp,
and are therefore insecure. Secondly, the keeping them in private
dwellings is bad, because they may be lost or destroyed, and are
therefore insecure. In stating this, no charges are brought against
any individuals for neglect : it is the fault of the system,and should
be corrected. Nevertheless, it is a notorious fact to all who have
been engaged In such researches, that many wills of no very an-
cient date have, through the insecurity of their situation, beconie
totally illegible, or been reduced to a mass of powder, and that
many, mentioned in the indexes, are not to be found. '1 be registry
of wills in the different dioceses is generally intended as a facility
for the poorer classes ; and in order to proportion the expenses ac-
cordingly, they are called upon to pay Ss tki. for a search which
the wealthier citizen caw make at Doctors' Commons for Is. This
is bad—unjust as far as regards the poorer inquirer, who is made
to pay such a sum,—injurious as far av regards the interests of all
whose property may depend upon the issue of a search,—and vex-
atious to the antiquarian, who may find aU his labours lost in a
cloud of pubserised parchment, se Inch simultaneously blinds his
eyes, and stifles his inquiries.
The remedies (better late than never) which may be suggested.
are—lest, that all wills, now to be found in the different dioceses,
whether kept by the bishop or the steward of a manor, should be
transcribed with proper alphabetical indexes, and forwarded to the
registry office in London, .r to sonic other room chosen for the
purpose, and to be open to public inspection on the same terms as
those now In the Prerogative Court; secondly, thetas aplbabetical
index be likewise kept at the different registry offices in the corn-
ties, or at the Episcopal registry rice in each diocess, and that
care be taken to put the wills themselves into a proper place of se-
curity, either in the <Ace is in the Teeny ; and lastly. that from
henceforth, transcripts of ail wills be sent annuslly to the Prero-
gative Court of Canterbury.
As a question of expense, when we are engaged In building pa-
laces, bridges, arches, and post-office,, it would be perfectly car.-
teroprible to oppose such a proposition ; and, as a quesnon of di.-
ficulty, should it be deemed impracticable (not that it is adoitted by
any means) to obtain transcripts of ever) will throughout the king-
dom, at all events indexes might be made out and lodged in the
Prerogative Court. The longer we wait the worse will the evil
become, and in point of mere utility, the trans ribing of 'the re,
tuntetuary evidence in the different dioceses, on which the fate of
much properly may depend, would be far. greater than the prin.•
ing the Isysiiitiooses Pistriserteas, and the many other public record.
which Parliament has, proceeded in a most ptaisewsirthy ; manner
to rescue frogs destruction. The evil of these petty jurisdicttons
is palpable, and the remedy plain. It is to beihoped Pariliourt
will dosconethiltp , .
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