the same being examined and allowed by the court of probate for the time being, in the said town of shall deliver and pay to such person or persons as the said court of probate, 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.

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 net 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

pecting and complaining against him, or by order of the supreme court.

SEC. 27. Whenever any person to whom any real estate may be mortgaged for the payment of any debt or the performance of any collateral promise or engagement whatsoever, shall decease before the recovering of seizin and possession of the real estate mortgaged, the debt due on said deed of mortgage and the real estate mortgaged by the same shall be assets in the hands of his executor and administrator, as personal estate; and the executor or administrator shall have the same control of all the estate which the said deceased had in the real estate mortgaged, as if it had been a pledge of personal estate; and may sell or dispose of the same, in his discretion, for the amount due thereon, or for any less amount upon obtaining leave therefor from the court of probate appointing him; and executors or administrators may bring actions of ejectment for the recovery of seizin and possession of the real estate mortgaged as aforesaid; in which actions it shall be sufficient to declare on the seizin and possession of the mortgagor and his conveyance by mortgage to the testator or intestate as aforesaid; and in all cases, debts due by mortgage shall be considered as personal property, and distributed as such.

SEC. 28. Whenever any executor or administrator shall recover seizin or possession of the real estate mortgaged as aforesaid, he shall be seized and possessed of the estate so recovered, to the sole use and behoof of the heirs of the intestate, or the devisees of the testator, to whom said estate may be devised; but in case the lands mortgaged and recovered as aforesaid shall be necessary for the payment of debts, legacies or charges of administration, and the same shall be certified from the court of probate, the said executor or administrator shall have full right, power and authority to dispose and make sale of the whole or part of the real estate recovered as aforesaid, subject however to the equity of redemption; and it shall be lawful for the said executor or administrator to sell the same at private sale to any person who shall pay therefor the whole of the money due upon the mortgage at the time of sale, provided the court of probate shall give leave for such private sale; otherwise the same shall be sold at public auction to the highest bidder; and notice of such intended sale shall be given in the manner prescribed by law for the sale of real estate by executors or administrators.

SEC. 29. After the executor or administrator shall recover seizin and possession of any real estate mortgaged as afore

said, and before conveyance or assignment thereof in manner aforesaid, if any mortgagor, his heirs, executors, administrators or assigns, shall, within the time limited for the equity of redemption, redeem the said mortgaged premises, the executor or administrator shall, in every instance, be entitled to receive the said redemption money; and is hereby authorized, empowered and directed to discharge the said mortgaged premises, by release, quitclaim or other legal conveyance.

SEC. 30. The court of probate shall, in the settlement of the accounts of executors and administrators, make reasonable allowance for the support of the family of the deceased, after his decease, until the same can otherwise be provided for, having due regard to the situation of the family, and the value and circumstances of the estate, not exceeding the term of six months; and such executors and administrators shall also be allowed, in their accounts, all reasonable charges and disbursements which they shall lay out and expend in the funeral of the deceased and other their administration; and may be allowed such recompense for their personal trouble as the court of probate, on settling their accounts, may consider just; and may be compelled to pay interest for the detention of money in their hands, if in the opinion of said court it shall be reasonable.

SEC. 31. The settlement of the accounts of any executor, administrator or guardian, by the court of probate, or in case of appeal, by the supreme court, shall be final and conclusive on all parties concerned therein, and shall not be subject to re-examination in any way or manner whatsoever.

SEC. 32. No person entitled to a share in any intestate estate shall have a right to demand the same within three years after administration or letters testamentary granted on such estate, unless he shall give bond to the administrator or executor, with sufficient surety, to be approved by the court of probate, to refund the proportionable share of the estate in case any debt or debts should afterwards appear against the same, and the executor or administrator should not have a sufficiency of the estate in his hands, undivided, for the payment thereof: provided, however, that the heirs at law or devisees may, during said term, take the rents and profits of the real estate as heretofore.

SEC. 33. When the personal estate of any person deceased shall not be sufficient to pay the debts which the deceased owed, the expenses of his funeral, and of supporting his family and settling his estate, in manner prescribed by law, the court of probate which shall have granted letters testamentary

or of administration on such estate, shall thereupon authorize and empower the executor or administrator appointed to settle such estate, to make sale at public auction of so much of the land or of so much of the wood standing or growing on the land, or of so much of the stone in the quarry or otherwise on the land, or of so much of the coal, or of so much of the peat on the land of such deceased person as shall be necessary to make up the deficiency of the personal estate for the purposes aforesaid, with incidental charges.

SEC. 34. The real estate of all deceased persons shall be liable for the payment of their just debts, by actions to be brought against the heirs at law or devisees of such estate; and execution may be levied thereupon, upon all judgments obtained against such heirs at law or devisees; and the sheriff shall sell such real estate or so much thereof as shall be sufficient to satisfy such execution, at public auction, to the highest bidder, having first advertised the same as is prescribed by law in cases where the real estate is taken by execution; and on such sale he shall give a deed of such real estate to the purchaser thereof.

SEC. 35. No action shall be brought against any such heir or devisee within three years next after probate of the will or administration granted; and when any action shallbe brought against the heirs or devisees of any testator or intestate as aforesaid, for any debt due from such testator or intestate, the same shall be brought against all the heirs and devisees who hold the real estate by devise or descent from such testator or intestate, if to be found; and execution shall be served upon, and the debt and costs recovered, levied and collected out of the estates of the several devisees or heirs, in the same proportion as they hold the same, if such real estate remain unaliened, and it can conveniently be so done; and in case the same be levied in any other proportion, the parties aggrieved thereby shall be entitled to an action, and recover against any person or persons in arrears, all such arrearages with costs.

SEC. 36. If the heir or devisee of any real estate shall aliene such estate before the same shall be attached for the debt of the testator or intestate, by virtue of this act, such heir or devisee shall be liable to pay the value of the estate so aliened, to the creditor of the testator or intestate, to be ascertained by a court or jury, who shall assess the damages in the suits that may be brought against such heir or devisee by virtue of this act; and the execution in such case shall