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Sec. 15. Every executor named in a will hereafter to be proved, and taking upon him that trust by proving the same, shall give bond to the court of probate with sufficient surety or sureties, to return upon oath a true and perfect inventory of the testator's goods, chattels, rights and credits, unto the court of probate within three months, and to render an account of his proceedings thereon, in the same manner as administrators are by law obliged to be bounden; unless such executor is the residuary legatee, in which case bond may be given by him to pay the debts and legacies of the testator.
Sec. 16. In case such executor shall neglect or refuse for the space of twenty days to give bond as aforesaid, the court of probate may commit administration of the estate of such testator, with the will annexed, to some other person, in like manner as they may grant the same when the executor refuses the trust, or neglects or refuses to present the will for probate.
Sec. 17. When the executor is under the age of twentyone years at the time of proving the will, administration may be granted with the will annexed during the minority of such executor, to an inhabitant of this state as aforesaid ; and when there are divers persons named executors in any will hereafter to be proved, none shall intermeddle and act as such but those who actually give bond as aforesaid.
Sec. 18. Any executor being a residuary legatee, may bring an action of account against his co-executor or executors of the estate of the testator, in his or their hands, and may also sue for and recover his proportionable part thereof; and any other residuary legatee shall have the like remedy against the executors; and any person having a legacy given in
any last will, may sue for and recover the same at the com
Sec. 19. When any executor of any last will and testament shall reside without the limits of this state at the time of his taking upon him that trust, or shall afterwards remove out of this state and shall neglect or refuse, after due notice from the court of probate, to render his account and make a settlement of such estate with the creditors, legatees or heirs, or their legal representatives ; or when any executor or administrator shall become insane, or otherwise incapable of, or evidently unsuitable to, discharge the trust reposed in him, the court of probate that proved the will or granted letters of administration are authorized and empowered, in such cases, to grant letters of administration with the will annexed, (or otherwise, as the case may require,) to such person within this
state as to the said court shall seem meet; and the administrator thus appointed shall have the same power and authority to administer the estate of the deceased not administered upon by such former executor or administrator, and be subjected to the same duties, in as full and ample a manner as if the executor or administrator so removed or residing without this state as aforesaid were actually dead.
Sec. 20. When any unmarried woman shall jointly with one or more persons be appointed executrix or administratrix and after such appointment shall marry, during the life of the other executor or administrator, such marriage shall not make the husband an executor or administrator in her right, but shall operate as an extinguishment or determination of such woman's power and authority ; and the other executor or executors, administrator or administrators, may proceed in discharging the trust reposed in them in the same way and manner as if such woman were dead.
Sec. 21. When any unmarried woman, executrix or administratrix shall marry, such marriage shall not make her husband an executor or administrator in her right, but shall operate as an extinguishment of such woman's power; and the court of probate shall thereupon grant administration upon the unadministered part of the estate to such husband or to any other suitable person; who may prosecute or defend any suit which may have been commenced by or against the first executrix or administratrix, in the same manner and to the same purpose and effect as she might have prosecuted or defended the same if her trust had continued.
Sec. 22. If any testator shall appoint more than one executor of his will and some of them do not accept the trust, or having accepted thereof, shall die, those who shall undertake to execute the will, and the survivors of them, shall have the same power and authority as is given by such will to the whole of them, to every intent and purpose whatsoever.
Sec. 23. The administrator with the will annexed who shall be appointed by the court of probate, shall have the same power to sell and convey real estate as may be given by such will, or by law, to the executor or executors thereof.
Sec. 24. The appointment of a debtor an executor shall in no case be deemed an extinguishment of the debt, unless it be so directed in the will.
Sec. 25. In case of the decease of any person who, while living, and at the time of his decease, was the executor of the last will and testament of any person previously deceased, and whose estate had not been fully administered upon by such
deceased executor, the court of probate in the town where such will was proved and recorded shall proceed and grant letters of administration with the will annexed, to such person within this state as to the said court shall seem meet, in the same full and ample manner as if such executor had become insane or otherwise incapable of, or evidently unsuitable, to discharge the trust reposed in him; and in no case shall the executor of a deceased executor in consequence thereof become an executor of the first testator.
Sec. 26. When the executor or any other person interested in any will that has been proved and allowed in a court of probate in any of the United States, or in a court of probate in any state or kingdom, shall produce a copy of such will, with a copy of the probate thereof, under the seal of the court where the same will has been proved and allowed, unto any court of probate in any town in this state where the testator had estate real or personal, whereon the same will may operate, and shall in writing desire the same may be filed and recorded in the probate office in such town pursuant to this act, the said court shall assign a time and place for taking the same into consideration; and shall cause notice thereof to be given in the same manner as though said will was presented to such court for probate, to the end that any person may appear and show cause against the filing and recording the same; and if at the time assigned no objection is made, or none in the judgment of said court sufficient to prevent it, the said court may cause the same copy to be filed in the registry of said Court of probate, and direct the same to be there recorded ; saving always an appeal to any person apprehending himself aggrieved thereby, to the supreme court, as in other probate cases; and the said court may grant letters testamentary to the executor therein named, or to the administrator appointed under the original will, or to such person being a resident in this state as said court shall deem fit, they giving bond according to law.
Sec. 27. When a copy of any will which has been proved and allowed in any court of probate in any of the United States or in any foreign state, shall be directed to be filed and recorded in any probate court in this state pursuant to this act, the filing and recording thereof shall be of the same force and effect as the filing and recording of an original will, proved and allowed in the said court of probate ; and said court may grant letters testamentary to the executor therein named, or letters of administration with the will annexed, to such person being a resident in this state as said court may deem fit,
taking bond from the said person according to law : provided, however, that nothing in this or in the next preceding section contained, shall be construed to make valid any will that is not executed, attested and subscribed in the manner prescribed by the laws of this state ; nor to give any operation and effect to the will of any alien different from what it would have had, if originally proved and allowed in this state.
An Act directing the descent of Intestate Estates and the settle
ment thereof, and for other purposes therein mentioned.
SECTION 1. Course of descent of intestate estates; 24. Husband to be administrator on wife's general rules.
estate, without account. 2. Personal property to be distributed, as 25. Administration may be granted on esreal, descends.
tate of person absent three years. 3. Widow to have her apparel and fur- 26. Court of probate to examine on oath niture, if estate be insolvent.
persons embezzling estate of deceased 4. Real estate liable for debts ; not to be persons.
aliened by heir till after three years 27. Debts secured by mortgage and mortand six months.
gaged estate, assets in hands of ad. 5. Court of probate may divide real es ministrator.
tate among heirs, on petition. 28. Administrator recovering possession 6. Notice to be given on such petitions. of mortgaged estate to be seized for 7. Court of probate on such petitions to the heirs.
decree who are heirs, and the propor- 29. Administrator may discharge morttion of each, and appoint commission gage after possession recovered. ers to divide.
30. Court of probate to allow administra8. Form of warrant to commissioners. tor for support of family of deceased, 9. Commissioners to set off shares by lot, funeral expenses, &c. in certain cases.
31. Settlement of administrator's account, 10. Commissioners to report their doings.
final. 11. Amount of advancement to be deduct- 32. Heir no right to portion of estate till ed from child's share.
three years after administration, ex12. Infant interested in partition; guard cept on giving bond. ian to act for him.
33. Personal estate being insufficient to 13. What an advancement.
pay debts, court of probate may au14. Real estate not disposed of by will to
thorize sale of real estate. be divided among heirs.
34. Real estate liable for debts in hands of 15. Real estate holden in common by de heirs, by attachment.
vise, may be divided by court of pro- 35. No action to be brought against heir bate.
till after three years. 16. Widow's dower lands may be divided 36. If heir has aliened, to be personally after her decease.
liable for value of estate. 17. Court of probate to apportion costs of 37. Creditors suing to be paid in the orpartition.
der of their attachment. 18. Tenancy by curtesy recognized. 38. Form of judgment on an administra19. Administration to be granted to widow tion bond.
or next of kin, in thirty days. 39. Pre-requisites to a suit on administra20. After thirty days, administration to be tion bond.
granted to suitable person, inhabitant 40. Tenant for life absent seven years, of state, not belonging to the court; tenant in reversion may enter on esform of administration bond.
tate. 21. Administrators, &c., to account for 41. Administrator not settling estate in
inventory at double its value, unless three years, bond forfeited. sold at auction.
42. All claims on deceased person reck22. Emblements—what are.
oned due at grant of administration. 23. Administrator, &c., may maintain ac- 43. Modes of perpetuating evidence of
tion of account against co-adminis. notice given on sales of real estate. trator, &c.
44. Administrators, &c., to settle accounts
yearly with court of probate.
SECTION 45. Legateè, &c., not demanding legacy | 46. Town treasurer to keep particular acin five years, executor to pay same to
count of receipts under preceding town treasurer.
It is enacted by the General Assembly, as follows :
Section 1. When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in equal portions to his kindred, in the following course :
To his children or their descendants, if any there be :
If there be no children nor their descendants, then to the father of such intestate :
If there be no father, then to the mother, brothers and sisters of such intestate, and their descendants, or such of them as there be :
If there be no mother nor brother nor sister, nor their descendants, the inheritance shall go, in equal moities, to the paternal and maternal kindred, each in the following course :
First, to the grandfather :
If there be no grandfather, then to the grandmother, uncles and aunts, on the same side, and their descendants, or such of them as there be :
If there be no grandmother, uncle, nor aunt, nor their descendants, then to the great-grandfathers or great-grandfather, if there be but one:
If there be no great-grandfather, then to the great-grandmothers, or great-grandmother, if there be but one, and the brothers and sisters of the grandfathers, and grandmothers, and their descendants, or such of them as there be, and so on, in other cases, without end; passing to the nearest lineal male ancestors, and for want of them to the lineal female ancestors, in the same degree, and the descendants of such male and female lineal ancestors, or such of them as there be.
But no right in the inheritance shall accrue to any persons whatsoever, other than to the children of the intestate, unless such person be in being, and capable in law to take as heirs, at the time of the intestate's death.
And when herein the inheritance is directed to go by moieties to the paternal and maternal kindred, if there be no such kindred on the one part, the whole shall go to the other part; and if there be no kindred, either on the one part or the other, the whole shall go to the husband or wife of the intestate; and if the wife or husband be dead, it shall go to his or her kindred in the like course as if such husband or wife had survived the intestate and then died, entitled to the estate. The