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IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH.

163

1792.

.

cbarze you; and that you will make a true and perfeet inventory of all the said
goois, chattels and credits, as also a just account when ibereto requireit.
And shall also give bond, in such penalty, as will be equal to the full value of
the estate at the least, and with such security as shall be approved of by the
Court, with the following condition, to wit:
THE condition of this obrigation is, that if I be said

, executor of Bond.
ibe last will and teftament, (or administrator with sbe will annexed, of uilibe
300./s, cbattels and credits) of

, deceused, do make a true and perfell inven ory of all and fingulirt, the goods, chanels and credits of ibe said de-. coufed, wbicb avi, or jball come to tbe baris, poff Nion, or knowledge of thi fuid

, or into the bunds or pof:1on of any other pero son or persons for

and the same jo made, do exbibir into the
coirt of
ai luci rime (is

jball be thereto
required by the luis Court, and the same good's chartels, and credits, do well and
trů v adminifter accor iing to Lacu nad make a juft ant true account of
adings and brings tberein, when tbe: cunto required by the suic Court; and fursher,
do well and triels pay and deliver ell ile begucios contuuncil and jpacified in the said
will, as far as ihe faid goods chattels, and credits will entended according to be va,
due thereof, and as the Law Jull charge

tben ibis obligation to be void or else to remain in full force. (a)

XX. WHICH bond shall be payable to the Judges or Justices sitting in The whole penalty case Court, and their fucceffors, and shall not become void upon the first recovery, coverable thereon. but may be put in suit and prosecuted from time to time, by and at the costs of any party injured by a breach thereof, until the whole penalty be recovered thereupon. a

XXI. BUT where any Teltutor shall leave visible eltite, more than suffici- When executors shall ent to pay all his debts, and by will shall direct that his executors shall not be not be obliged to give obliged to give security, in that case no security shall be required, unless the securi:y. Court shall see cause from their own knowledge, or the fuggeftions of creditors or legatees, to suspect the executors of fraud, or that the Teltator's personal estate will not be sufficient to discharge all his debts, and shall require security, when the same shall be given, before a certificate shall be granted, not withftanding any directions to the contrary in the Teltator's will. a

XXII. THE power of executors over their Teltator's estates before probat Their power before pra: of the will, is not hereby restrained, but shall continue as heretofore, a

bat, XXIII. DURING any conteft about a will, or during the infancy, or in In what cases the court

a the absence of an executor, or until a will which may have once existed, but is hall appoint a person to defroyed, shall be established, or whenever the Court from any other cause collea and preserve a shall judge it convenient, they may appoint any person or persons to collect and decedent's eitace. preserve the estate of any decedent, until a probat of his will, or durunte minore atate, or until adminiftration of his estate be granted, taking bond and secu. rity for colle ting the estate, making an inventory thereof, and safe keeping and delivering up the same when required, to the executors or administrators. a

XXIV. THE bond and oath of the administrator or appointee in such cases, shall be changed from the bond and oath of an administrator in ordinary cases, in such manner as to the said Courts, or any of them, thall seem necessary. a

XXV. WHEN any widow thall not be satished with the provision made for Widow not satisfied her by the will of her husband, the may within one year from the time of his with the provision made death, before the General Court, or Court having jurisdi&tion of the probat of for her by her husband's his will as aforesaid, or by deed executed in the preience of two or more credi- will, may renounce her ble witnesses, declare that she will not take or accept the provision made for her dower of the flaves and

legacy and demand her by such will, or any part thereof, and renounce all benefit which she might her proportion of the ciaim by the fame will; and thereupon such widow shall be entitled to one third personal exate. part of the Naves whereof her husband died posleffe , which the shall hold during her life, and at her death they and their increase, shall go to such person or persons, to whom they would have paffed and gone, if such declaration had not been made ; and the shall moreover be entitled to such share of his other personal estate, as if he had died inteftate, to hold to her as her absolute pro perty; but every widow not making a declaration within the time aforesaid, ihall have no more of her husband's llaves and personal estate, than is given her by his will. a

XXVI. ALL original wills Mall be recorded, and shall also remain in the Original wills to be re Clerk's office of the Court wherein they are respe&ively proved, except during corded and remain in fuen time as they may be in any Superior Couri

, naving been removed thither the clerk's office, for inspection by certiorari, or otherwise, after which they shall be returned to the said Ounce, a

(0) 1785, c. 61, fe«, 16, 17, 18, 19, 20, 21, 24,

1792.

164 IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH.

inteftates'estates, how

XXVII. WHEN any person shall die intestate as to his goods and chatto he distributed a.

tels, or any part thereof, after funeral debts and just expenses paid, if there be in ngit their representa

no child, one moiety, or, if there be a child or children, one third of the surplus tives.

Thall go to the wife, but she thall have no more than the use for her life of such Naves as shall be in her share, and the residue of the surplus, and after the wife's death, the flaves in her share, or, if there be no wife, then the whole of such sur. plus thall be distributed in the same proportions, and to the same persons, as lands are directed to descend in and by an A&t of the General Asembly, inti. tuled, “ An Aet to reduce into one, the jéveral Arts directing the course of defcents." Nothing in this Act contained, shall be understood so as to compel the husband to make distribution of the personal estate of his wife dying inteftatet Where any children of the inteftate, or their issue, Thall have received from the intertate in his lifetime, any personal estate by way of advancement, and shall choose to come into the distribution with the other persons entitled, such advancement

shall be brought into hotchpot with the diftributable furplus. a Rules in granting admi. XXVIII. THE General Court, and the several Courts respectively, shall nistration of inteftates' have the like jurisdiction to hear and determine the right of adminiftration of eftates,

the estates of persons dying inteftate, as is herein before mentioned, as to the proof of wills, in respect to the inteftate's place of refidence, or death, or where the eftate shall lie, and shall grant certificates for obtaining such

adminiftration, to the representatives who apply for the same ; preferring first the husband or wife, and then such others as are next entitled to distribution, or one, or more of them, as the Court shall judge will best manage and improve the estate, a

XXIX. IF no such person applies for administration within thirty days from the death of an intestate, or at the next succeeding Court after the expiration thereof, the Court may grant administration to any creditor or creditors who apply for the fame, or to any other person the Court shall, in their discretion,

think fit. a Wills may be proved XXX. BUT if any will shall afterwards be produced, and proved by Exeafter administration cutors, or the wife, or other distributee, who shall not have before refused, shall Distribuice may obtain apply for the adminiftration, the same shall be granted, in like manner as if administration although

the former had not been obtained. a it may have been previ- XXXI. BEFORE granting a certificate for the administration of any estate, ously granted to a credi- the person or persons to whoin the same is granted, shall, in open Court, take iiris other person.

the following oath, to wit: Adminiftrators' oath. Yufball swear bat

deceased, died wit bout any will, as far as you know or lo lieve, and iba' you will uell and truly adminifte all and firigulur i be goodi, chuttil', and credits of the saiu deceased, and pay bis debts, as far as bis good., cbattels and crediis will extend and Ibe Law require you ; and tbat jou make a true and proiect Inventory of all tb- suid goods, chat ets, and credits, as also a jaft account wben thereun o required. So help you GOD.(a)

XXXII. AND shall also give bond, in a penalty at least equal to the value of the estate, and with such security as shall be approved by the Court, with the following condition, to wit : THE, condition of this obliga'ion is, That if the said

admi. Bond. nijtralor of the goods, craitels, and credits of

deceased, do make a true und perfe&i inventory of all and jingular the goods, chattels, anci cre. dit: of tbe fuid dectased, wbicb bave, or fall come, so ibe bunds, portallion, or know. ledge of ibe said

, or in the bands or pofiffion of any other person or persons, for

, and the same so mail, do exbibit inio ive

Court,

, wben be shall be ibereto required by tbe faid Coux i and fucb gond!, cbartıls, and credits, do well and truly auminifter, according to Luw; and furtber do make a juft and true account of bis altings and doings sberein, wber iberero required by the suid Court ; and all the rest of the suid goods, cbuttets, and credits, wb ch Jhali be found remaining upon the atcount of the said adminiftrafor the same being first examined and allo ied by the Juflices of the said Court for the time being full deliver and pay unto jucb perfons, rispettively, as are entitled to the same by Law; and if it wall bereafter appear, tbat any last wiil and tefta. ment was made by the deceased, and the same be proved in court, and ibe exetutor obtain a certificule of the probat thereof, and the said

do, in fucb cafe, being requireito render and deliver up bis letiers of administration, then this öbli, gation to be void, elje io iinuin in full force. Which bond shall be payable to the fitting Justices, and their successors, and may

(a) 1; 8, Ch. 61, fec. 25, 26, 27, 28.

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IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. 165

1792,

be put in suit and prosecuted in like manner as is before directed in the case of bonds to be given by executors or administrators, with the will annexed: a

XXXII. °BUT'no fecurity for any executor or administrator, thall be Securities how far chargeable beyond the assets of the Tettator or Inteitate, by reason of any o. chargeabie in case of

. mifson or mistake in pleading, or false pleading of fuch executors or admi- falle pleading by execa

or . nistrator, a

XXXIV. If any Court shall grant a certificate for obtaining adminiftra- Where good security tion of the estate of any persoa decealed, without taking good security for the fhall not be taken, the fame, as aforesaid, to be judged of according to the apparent circumstances of justices liabic. the security, when taken, and not from subsequent accidents or discoveries thereof, the Justices of such Court then sitting, Mall be answerable to the person or persons injured, for all loss or damage occafioned by the not requiring any, or, by the taking insufficient security, recoverable with colts, by action on the cafe, in any Court of Record. a

XXXV. WHEN securities for execators or administrators conceive them- How securities may be selves in danger of suffering thereby, and petition the Court for relief, the indemnified. Court shall summon the executor or administrator, and make such order or decree thereupon, to relieve and secure the petitioners, by counter-security, pr otherwise, as to them shall leem just and equitable. a

XXXVI. ALL certificates of probat or administration, attested by the Certificates of probat or Clerk, shall enable the executor or administrator to act, and may be produced, administration attested or given in evidence in any Court within this Commonwealth, and be as effec- by clerks of court as tual as any probat or letters of administration made out in due form : Never letters of administration

effectual as a probat or thelejs, the Clerks of the Courts hall, when required by an executor or admi- in form nistrator, make out such probat or letters in due form, in the name of the first Clerks when required Justice of the Court; which probat or letters tha!l be signed by such Justice, to make them out in and sealed with the Distria, County, or Corporation seal, if the will be proved due form. in a Distriể, County, or Corporation Court, or with the seal of the Commonwealth, if proved in the General Court. a

Xxxvii. THE Clerk of every Ditriet, County, or Corporation Court, Lits of probats and adshall annually, on or before the first day of O&ober, return to the Clerk of the miniftrations in the ge

neral, district, and General Court, a lit of ali certificates granted in his Court for probats and ad

cuunty courts, co be reministracions within the preceding year, in this form (date of certificate) (name corded in the general of Teftacor or Inteftate) [names of securities] (penalty of bond.) Which lists, court. together with sucli certificates as are granted in the General Court, shall be entered by the Clerk of the General Court, alphabetically, in books to be kept for that purpose. a

XXXVIII. EVERY Court granting a certificate for a probat or adminis- Appraisers to be aptration, shall nominate three or more appraisers in every County or Corpora- pointed. tion, where any of the personal ettate of the decedent Mall be, who, being tworn before a justice of the Peace for that purpose, shall truly and juftly, to the beft of their judgment, view and appraise all the personal estate to them produced, and shall return such apprailement under their hands to the Court ordering the fame; which appraitement, if figned by the executor or administrator, may be considered as an inventory of fuch part of the estate, as had heretofore come to his hands. a

XXXIX. INVENTORIES and appraisements may be given in evidence in Inventories & appraiseany fuit by or against the executor or administrator, bús shall not be conclusive ments how far evidence for or against him, if other testimony be given that the eitate was really worth, for or againft executors

and adminiftrators. or was, bona fide, sold for more or less than the appraiseient. a

XL. EACH appraiser shall be entitled to fifty cents per day, for his at- Allowance to appraisers. tendance, to be paid by the executor or administrator, and charged to the estate. a

XLI. EXECUTORS and administrators, whether it be necessary for pay- Duty of executors and ment of debts, or not, shall, as foon as convenient after they are qualified, sell at administrators in felling public sale, all such goods of their Testator or Intestate, specific legacies except- perithable goods, fpeci. ed, as are liable to perish, be consumed, or rendered worse by keeping, giving fic legacies excepted. fuch credit as they ihall judge beft, and the circumstances of the estate will admit of, taking bond and good security of the purchasers, and shall account for such goods according to the sales : If more be told than will pay the debts anu expenses, the executor or administrator may allign the bonds for the surplus, to those entitled to the eltite, and be discharged as to so much; and if after luch aflignment, the obligor become intolvent so as the money be loft, without the fault or neglect of the assignee, then such loss shall be made good to the assignee out of che decedent's eltate. a

(a) 1785, ch. 61, fec. 29, 30, 31, 32, 3, 34, 35, 36, 37, 38. 224 Gio. 20, ch. 8, fec. 27.

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