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decree, in the proportions set forth therein: You are to let all persons named in said decree have notice when you proceed to make such appraisement and division, and having completed the same, you are to make return of this warrant, with your doings thereon, unto the court of probate of the said town of as soon as may be. Signed for and in behalf of the court of probate of the town of day of
SEC. 9. Said commissioners shall proceed as soon as conveniently may be after receiving their warrant to execute the duties required of them by virtue thereof, and shall divide said real estate in the manner and proportion prescribed in the decree recited in said warrant. If the share of any one of
said heirs shall be less than the share of each of the other heirs, and the shares of those other heirs be equal, in such case, said commissioners shall set off said smaller share to such heir, and assign the other shares by lot; and the assignment shall also be by lot if all the shares be equal: provided, however, that if none of the heirs be a married woman or under age, the assignment may be made by agreement among themselves.
SEC. 10. Said commissioners shall make report of all their proceedings under said warrant to the court of probate that appointed them; which report shall be recorded among the proceedings of said court, and, if finally established, shall also be recorded in the records of land evidence in the several towns wherein any of said lands do lie.
SEC. 11. If any child or grand-child of the intestate shall have received from such intestate any real or personal estate for his advancement or settlement, the court of probate shall ascertain the amount thereof before appointing commissioners to divide such real estate; and shall, in their said decree of division, direct said commissioners to deduct the amount thereof from the share of such child or grand-child.
SEC. 12. In case any infant shall be interested in the partition of any estate as aforesaid, the application for the same shall be made and signed by his guardian, duly appointed, whose acts in the premises shall be conclusive on such infant.
SEC. 13. If real estate shall be conveyed by deed of gift, or personal estate shall be delivered to a child or grand-child and charged, or a memorandum made thereof in writing by the intestate, or by his order, or shall be delivered expressly for that purpose in the presence of two witnesses, who were
desired to take notice thereof, the same shall be deemed an advancement to such child, to the value of such real or personal estate.
SEC. 14. Whenever any person shall die leaving a last will and testament duly executed, and shall at the time of his decease be seized of any real estate not disposed of by such will, if acquired subsequently to the execution thereof, the said estate may be divided among the heirs at law of the deceased, in the same manner as though he had left; no will; but in making such division every bequest and devise in the said will contained, to any of such heirs, shall be deemed and taken as an advancement to such heirs.
SEC. 15. Real estates holden in common by devise shall and may be divided according to the respective rights claimed thereby, in the manner and form herein before prescribed for the division of intestate estates; and the like proceedings shall be had for effecting and confirming the same.
SEC. 16. Such part of the real estate of any testator or intestate as shall be assigned to his widow for her dower, shall after her decease be divided amongst the devisees or heirs at law of the deceased, in the same manner as the same would have been divided in case it had not been assigned for dower as aforesaid.
SEC. 17. When partition or division shall be made by any court of probate or upon appeal by the supreme court of the real estate of any deceased person, agreeably to this act, and any one or more of the interested parties shall neglect or refuse to pay their just proportion of the expense of such division, it shall and may be lawful for the court who ordered such division to issue a warrant of distress against such delinquent: provided, an account of such expense be first laid before such court, and the just proportions of the persons interested, settled and allowed; they having been duly notified to be present at such settlement and allowance.
SEC. 18. When a man and his wife shall be seized of any real estate in her right, in fee, and issue shall be born alive of the body of such wife, that may inherit the same, and such wife shall die, the husband shall have and hold such estate during his natural life as tenant by the curtesy.
SEC. 19. After the decease of any person intestate, administration of such intestate's estate, both real and personal, shall be granted unto the widow or next of kin to the intestate, being upwards of twenty-one years of age, or to both, as the court of probate shall think fit, within thirty days; and an inventory shall be taken of all the goods, chattels, rights and
credits of the deceased, within three months, by three suitable persons appointed by the court of probate; who shall be sworn by said court or by some justice of the peace of the town in which they are appointed, or public notary, for the faithful discharge of that trust.
SEC. 20. After the expiration of thirty days from the death of any person intestate, in case the widow or next of kin shall neglect to take out letters of administration or to apply therefor within that time, the said court may commit administration of such estate to some suitable person, not being at the time a member of said court, as the court shall think fit: provided, that in every case the person appointed administrator as aforesaid shall be an inhabitant of and resident in this state every administrator before he shall enter upon the execution of that trust shall give bond to the court of probate, with sufficient sureties, in substance of the following form, to wit:
full sum of
in the year
Know all men by these presents, that are holden, and stand firmly bounden and obliged unto the court of probate in the town of in the county of dollars, to be paid to the said court: to the true payment whereof we bind ourselves, jointly and severally, firmly by these presents. Sealed with our seals, this day of The condition of this obligation is such, that if the above bounden pointed administrator on the estate of ceased, do make or cause to be made a true and perfect inventory of all and singular the goods, chattels, rights and credits of the said deceased, which have or shall come to the hands, possession or knowledge of the said hands or possession of any other person for
who is ap
or unto the
and the same so made do exhibit upon oath to the court of probate for the said town of within three months from the date hereof; and the same goods, chattels, rights and credits, and all other the goods, chattels, rights and credits of the said at the time of death, or which at any time hereafter shall come to the hands and possession of the said or to the hands and possession of any other person or persons for do well and truly administer according to law, and further do make or cause to be made a just and true account of said administration, upon oath, at or before the day of which will be in the year and all the rest and residue of said goods, chattels, rights and credits, which shall be found remaining upon said administrator's account,
the same being examined and allowed by the court of probate for the time being, in the said town of
and pay to such person or persons as the said court of bate, by their decree pursuant to law, shall limit and appoint; and if it shall hereafter appear that any last will or testament was made by the said deceased, and the executor or executors therein named do exhibit the same unto the court of probate for the town of in the county of making request
to have it allowed and approved accordingly, if the said being thereunto required, do render and deliver the said letters of administration (approbation of such last will and testament being first had and made) into the said court; then the before written obligation to be void and of none effect, or else to be and remain in full force and virtue.
Signed, sealed and delivered
in presence of
SEC. 21. Executors and administrators shall be holden to account for the whole of the personal estate of the deceased, except money due, at double the appraised value thereof, unless they shall sell the whole at public auction, or unless the court of probate shall direct a part thereof to be sold at public or private sale, in which case they shall account for the nett proceeds of the whole or part so sold: provided, however, that the wearing apparel of any person deceased, not exceeding in value the sum of one hundred dollars, (except jewels and watches,) shall not be considered as assets in the hands of the executor or administrator, for the payment of debts; but the same may be bequeathed, or if not bequeathed, shall go to the heirs at law of the deceased.
SEC. 22. If any testator or intestate shall die after the first day of March, all the emblements of his lands that shall be severed before the thirty-first day of December next following, shall be assets in the hands of his executor or administrator; but all such emblements growing on the lands on the day last mentioned, or at the time of the death of the testator or intestate, if that event happen after the thirty-first day of December, and before the first day of March, shall pass with the land to the heir, devisee, tenant in reversion or remainder.
SEC. 23. When two or more shall have letters of administration or letters testamentary granted them of any estate, and any one or more of them shall take all or the greatest part of such estate into his or their hands, and refuse to pay the debts or funeral charges of such intestate or testator, or
refuse to account with the other administrator or executor, then and in such case, it shall and may be lawful for such aggrieved administrator or executor, to bring his action of account against the other administrator or executor, and recover his proportionable share of such estate.
SEC. 24. The husband shall, except as provided in the act entitled "an act concerning the property of married women," be entitled to the administration of his wife's personal estate; and shall not be compelled to distribute the same amongst her next of kin, but shall have and retain the surplus thereof, after payment of her debts, for his own use; any thing in this act to the contrary notwithstanding.
SEC. 25. If any person shall be absent from this state for the term of three years, without due proof of his being alive, the last will and testament of such person may be proved, and administration may be granted on such person's estate, as if he were naturally dead: provided, nevertheless, that if such person shall afterward return to this state, or shall constitute an agent or attorney to act in his behalf, the executor or administrator as aforesaid shall be accountable for, and shall deliver to such person or his lawful agent or attorney, all the estate of every kind which shall then be in his hands as executor or administrator as aforesaid; after deducting such sum or sums as the court of probate shall allow, in the settlement of his accounts, for any payment or disbursements which he may have legally made in his said capacity, or which said court of probate may think reasonable to allow for his personal trouble in executing the trusts of executor or administrator as aforesaid.
SEC. 26. Courts of probate shall have power to call before them and examine upon oath, any person suspected and complained of by any executor, administrator, heir, creditor, legatee, or other person having lawful right or claim to the estate of any person deceased, to have concealed, embezzled or conveyed away any of the personal estate left by the testator or intestate, for the discovery of the same; and if the person suspected and complained of as aforesaid shall refuse to be examined, or to answer interrogatories upon oath, respecting the estate which he may be suspected of concealing, embezzling or conveying away, the said court of probate are hereby empowered to commit such person so refusing to the common jail of the county; there to remain until he shall consent to be examined and answer interrogatories upon oath as aforesaid, or be released by the consent of the person sus