« PrejšnjaNaprej »
Sec. 3. Said commissioners shall put up notifications of the times and places of their meeting, to attend the creditors for the receiving their claims, in three or more public places in the town, and one notification on or near the door of the court-house in the county where the deceased last dwelt ; or shall advertise the said times and places in one or more of the newspapers printed in this state for three weeks successively; and shall be sworn to the faithful discharge of their duty, before some magistrate or the court appointing them; they shall have power to administer oaths to all persons who shall be called to give evidence in any matter to be tried before them, and to compel the attendance of any witnesses in the same manner and by the same process that courts of record now have.
Sec. 4. The court of probate shall allow six, twelve, or eighteen months time, as the circumstances of any estate may require, unto the creditors, to bring in their claims and prove their debts; and if it shall be made to appear to said court before the actual distribution of any of the estate, as is herein after provided, that any of the creditors of the deceased have neglected, through accident or mistake, to present their claims to the said commissioners, within the time limited for that
purpose, said court may extend the said time for presenting claims to any period not exceeding eighteen months from the date of the commission; and such notice shall be given of such extension as said court may direct ; at the end of which limited time, the commissioners or major part of them, shall make their report and present a list of all the claims by them allowed, including interest on such as draw interest, up to the time of the death of the testator or intestate, unto the court of probate, who shall, upon receiving said report, order them a meet recompense out of the estate, for their care and trouble in examining the claims; and the debts due to the United States, and necessary funeral charges of the deceased, for attendance and medicines in the last sickness, for debts due to this state, and for all state and town taxes, being first paid, in the order aforesaid, and deducted by the court of probate, they shall order the residue and remainder of the estate, both real and personal, the real estate being sold according to law, to be paid and distributed to and among the creditors who shall have made out their claims as aforesaid, in proportion to the sums unto them respectively due and owing; saving unto the widow, if any there be, her apparel and such bedding and other household goods as are necessary for the upholding of life, and her right of dower in the real estate of the deceased.
Sec. 5. Notwithstanding the report of the commissioners, any creditor whose claim is wholly or in part rejected, may have the same determined at common law, in case he shall give notice thereof in writing in the clerk of probate's office, within twenty days after such report shall be received, and bring and prosecute his action as soon as may be.
Sec. 6. In case the executor or administrator shall be dissatisfied with any creditor's claim allowed by the commissioners, and shall give notice thereof in the clerk of probate's office and also to the creditor, within twenty days as aforesaid, such claim shall by the court of probate be stricken out of the commissioners' report. Executors and administrators are hereby empowered to agree to submit any claim named in this or in the preceding section, to reference ; in which case the determination of the referees shall be final.
SEC. 7. When a claim shall be settled by referees, or in the course of the common law as aforesaid, execution shall not issue as in common cases; but the amount so ascertained shall be the amount of the claim, and added to or deducted from the commissioner's report, as the case may require.
Sec. 8. No action brought against any executor or administrator after the estate shall be represented insolvent, shall be sustained, except for debts due to the United States, and necessary funeral charges of the deceased, for attendance and medicines in the last sickness, for debts due to this state and for all state and town taxes; unless the executor or administrator having objection to the claim upon which such action shall be brought shall consent to have the same settled by course of law; in which case the judgment of the court shall determine the said claim, which with the taxed cost shall be reported by the commissioners as the amount thereof.
Sec. 9. All actions brought against any executor or administrator before the estate is represented insolvent, or against the testator or intestate in his life time, which shall survive, and in which the executor or administrator being cited shall appear, shall be continued until it shall appear whether the said estate is insolvent or not; and if found insolvent, the process shall be conducted as above provided.
Sec. 10. If any creditor shall not make out his claim with the commissioners within the time of their commission, or at the common law, or before referees, in the manner provided by this act, he shall be forever barred of his action theretor against the executor or administrator ; unless there shall be estate remaining in the hands of such executor or administrator upon the settlement of his account with the court of pro
ESTATES OF PERSONS DYING WITHOUT HEIRS.
bate, after deducting the amount of the claims allowed by the commissioners, from the amount of the estate of the testator or intestate remaining in the hands of such executor or administrator, to be applied to payment of the debts of the testator or intestate.
Sec. 11. The pendency of any commission as aforesaid shall be no bar to any action against the executor or administrator as aforesaid, after the expiration of two years from the time letters testamentary or of administration were granted.
An Act securing the Estates of persons dying leaving real or
personal estate within this State, and leaving no known heir or others entitled to distribution, within the United States.
use of the town.
concerning such estates.
be sued by treasurer.
It is enacted by the General Assembly, as follows:
SECTION 1. When any person shall die leaving any real or personal estate within this state, and shall leave no known heir or legal representative within the United States to claim the
same, it shall be lawful for the town council of the town in which such real or personal estate may be, to direct the town treasurer of such town to take the same into his possession for the use of such town, until the heir or other legal representative of such deceased person shall call for the same ; to whom the same shall be delivered on being claimed, and evidence of the right or title of the claimant shown; and the said town shall, in such case, account with the claimant for such real or personal estate.
SEC. 2. When any real or personal estate shall be taken into possession by any town treasurer, pursuant to this act, the same shall be subject and liable to the payment of the debts of the deceased to whom it belonged; and such town treasurer shall be holden to pay the same to the amount of the value of the estate received.
Sec. 3. The town council of the town shall have authority to cause to appear before them any person whom they may suspect of being possessed of the personal estate of any person dying without heirs as aforesaid, and them to examine on oath concerning the same.
Sec. 4. If any person shall appear to be possessed of any real or personal estate of any person dying without heirs or other legal representatives as above mentioned, and shall on request refuse to deliver or surrender possession thereof to the town treasurer agreeably to the provisions of this act, in such case it shall and may be lawful for such town treasurer to commence and prosecute an action for the recovery thereof.
An Act regulating Conveyances of Real Estate.
SECTION 1. Real estates how to be conveyed. 8. Bond of defeasance to be recorded 2. Deed to be void unless acknowledged within five days-otherwise deed not and recorded-except, &c.
to operate as mortgage. 3. Town clerk to note when deeds are 9. Right of dower saved-wife may bar
lodged for record. 4. Grantor refusing to acknowledge may 10. Mode of conveying the wife's estate
be committed, unless he appeals-- if by attorney, power to be acknowlterms of appeal--grantee may file edged, &c. copy of deed in clerk's office.
11. Deed to transfer the possession with5. Grantor dying, deed may be proved. out livery of seizin. 6. How acknowledged when executed 12. Mortgages how to be discharged. without the state.
13. Tenant in tail may devise or convey 7. Same subject.
in fee simple.
It is enacted by the General Assembly, as follows :
SECTION 1. No estate of inheritance or freehold, or for a term exceeding one year, in lands or tenements, shall be conveyed from one to another by deed, unless the same be in writing, signed, sealed and delivered by the party making the same, and acknowledged before a senator, judge, justice of the peace, public notary or town clerk, by the party or parties who shall have sealed or delivered it, and recorded or lodged to be recorded in the office of the town clerk of the town where the said lands or tenements do lie.
SEC. 2. All bargains, sales and other conveyances whatsoever of any lands, tenements or hereditaments, whether they be made for passing any estate of freehold or inheritance, or for term of years, exceeding the term of one year, and all deeds of trust and mortgages whatsoever, which shall hereafter be made and executed, shall be void unless they shall be acknowledged and recorded 'as aforesaid : provided, always, that the same between the parties and their heirs shall nevertheless be valid and binding.
Sec. 3. Whenever any deed, lease, covenant, bond of defeasance or other instrument whatever, touching the transfer or conveyance of any such real estate, shall be presented to any town clerk for record, it shall be the duty of such town clerk immediately thereupon, to cause to be entered in writing on such deed or other instrument, the day, and as near as may be the hour and minute, when the same was presented for record.
Sec. 4. If any grantor of any lands, tenements or hereditaments shall refuse to acknowledge his deed or conveyan ce by him signed, sealed and delivered, being thereunto required by the grantee, his heirs or assigns, it shall be lawful for any judge or justice of the peace within the town where the grantor dwells, on complaint in writing made by the grantee, his heirs or assigns, and supported by the oath of the complainant, to issue a warrant against the party refusing, and to examine him touching such refusal; and if he shall persist in such refusal, to commit him to prison without bail, until he shall acknowledge the same, unless he shall appeal to the supreme court at the term thereof next to be holden in and for the county in which such examination shall be had; and in case of such appeal the appellant shall give bond with surety for his appearance there, and prosecuting his appeal with effect; and the grantee may file a copy of his deed in the town clerk's office, pending such appeal; and the same being so filed shall be equally available to the party during the pendency of such appeal as though the said deed was acknowledged and recorded as above directed; and the same shall be accounted sufficient caution to all persons against purchasing the estate in such deed mentioned to be conveyed.
Sec. 5. When any grantor after the execution of the deed shall die or remove out of the state before the same shall be acknowledged, the said deed may be proved by the oaths of one or more of the witnesses to such deed, if any there be ; but if there be no witnesses to such deed, then the hand writing of the grantor may be proved by other sufficient evidence before the supreme court or any court of common pleas within this state : and such proof shall be equivalent to the party's acknowledgment,
Sec. 6. Any conveyance of lands being within this state, or any instrument relating thereto, executed without the limits of this state, and within the United States, may be acknowledged before any judge, justice of the peace, mayor or public notary in the state where the same is executed ; and if without the limits of the United States, before any ambassador, minister, charge des affaires, recognized consul, viceconsul, or commercial agent of the United States, in the country in which such deed or instrument is executed.
Sec. 7. Any conveyance of lands lying within this state,