1792.

eftates as have

X. PROVIDED always, That all eftates in lands or flaves which have become, or fhall Provito ref hereafter become efcheatable to the Commonwealth, by virtue of the Act, intituled, "An pecting fuch act declaring tenants of lands or flaves in tail, to hold the fame in fee-fimple," or of this Act, or may become for defect of blood, fhall defcend, and be deemed to have defcended agreeable to the limitations of the deed or will creating fuch estates.

XI. PROVIDED alfo, That nothing in this Act contained, fhall be conftrued to reftrain any Tenant of fuch lands or flaves, from felling or conveying the fame by deed in his or her lifetime, or difpofing thereof by his or her lait will and teftament, and that all fuch estates shall remain liable to the debts of the Tenants in the fame manner as lands and flaves held in fee-fimple: Provided moreover, that this Act fhall not extend to any lands or flaves which have been efcheated and fold for the ufe of the Commonwealth

to

XII. EVERY eftate in lands which fhall hereafter be granted, conveyed, or devifed one, although other words heretofore neceffary to transfer an eftate of inheritance be not added, fhall be deemed a fee-fimple, if a lefs eftate be not limited by exprefs words, or do not appear to have been granted, conveyed, or devised by conftruction or operation of

Law.

XIII. WHERE an cftate hath been, or fhall be by any conveyance limited in remainder to the fon or daughter, of or to the ufe of the fon or daughter of any perfon, to be begotten, fuch fon or daughter born after the decease of his or her father, fhall take the eftate in the fame manner as if he or fhe had been born in the lifetime of the father, although no eftate fhall have been conveyed to fupport the contingent remainder after his death. XIV. BY deed of bargain and fale, or by deeds of leafe and release, or by covenant to stand seized to ute, or deed operating by way of covenant to ftand feized to use, the poffeffion of the bargainor, relealor, or covenantor, fhall be deemed heretofore to have been, and hereafter to be transferred to the bargaince, releafee, or perfon entitled to the ufe, for the estate or intereft which fuch person hath, or fhall have in the ufe, as perfectly as if fuch bargaince, releasee, or perfon entitled to the ufe had been enfeoffed, with livery of feizin of the land intended to be conveyed by fuch deed or covenant.

XV. ESTATES of every kind holden or poff:ffed in truft, fhall be fubject to like debts and charges of the perfons to whofe ufe, or for whofe benefit they were, or fhall be, refpectively holden or poffeffd, as they would have been fubject to, if those persons had owned the like intereft in the things holden or poffeffed, as they own or fhall own in the ufes or trufts thereof.

XVI. WHERE any perfon to whofe ufe, or in trust for whofe benefit another is or fhall be feized of lands, tenements, or hereditaments, hath or shall have fuch inheritance in the ufe or truft, as that if it had been a legal right, the hufband or wife of fuch perfon would thercof have been entitled to curtefy or dower, fuch hufband or wife fhall have and hold, and may by the remedy proper in fimilar cafes, recover curtefy or dower of fuch lands, tenements, or hereditaments.

XVII. GRANTS of rents, or of reverfions, or remainders, fhall be good and effectual without attornments of the Tenants, but no Tenant who, before notice of the grant, fhall have paid the rent to the grantor, fhall suffer any damage thereby.

XVIII. THE attornment of a Tenant to any stranger fhall be void, unless it be with consent of the Landlord of such Tenant, or pursuant to, or in confequence of the judgment of a Court of Law, or the order or decree of a Court of Equity.

XIX. ALL conveyances by commiffioners and Sheriffs hereafter to be made for lands fold in virtue of any decree or judgment of any Court within this Commonwealth, fhall be, and they are hereby declared to be good and effectual, for paffing the abfolute title of fuch lands to the purchafers thereof, and all perfons claiming under them, any Law to the contrary notwithstanding; faving to the Commonwealth, and to all and every person and perfons, bodies politic and corporate, their refpective heirs and fucceffors, other than the parties to fuch conveyances, decrees or judgments, and thofe claiming under them, all such

efcheatable for defect of blood.

Such eftates may be difpo fed of by will or deed, and jeet to debts in the fame man

fhall be fub

ner as eftates

in fee-fimple.

1792.

Repealing claufe.

Commence

ment of this act.

right, title, intereft and demand, as they, every or any of them, would have had in case this Act had not been made.

X ALL and every Act and Acts, claufe and claufes of Acts, containing any thing within the purview of this Act, fhall be, and the fame are hereby repealed. Provided nevertheless, That nothing herein contained shall be conftrued to affect any right which may have accrued, or been vefted before the commencement of this Act.

XXI. THIS A&t fhall commence in force, from and after the paffing thereof.

Preamble.

How foreign deeds and other inftru

ments of writing must be

to be admitted as evidence.

An Act reducing into one, the feveral Acts concerning the Manner of authenticating Foreign Deeds, Records, and other Inftruments in Writing.

W

Paffed the 8th of December, 1792.]

I.
HEREAS the intercourse between this State and the other States in the Union,
and between this State and Foreign Nations, has become more confiderable
than heretofore, which renders it neceffary that fome mode fhould be adopted, to give au-
thenticity to deeds and certain other inftruments in writing, foreign judgments, fpecialties
on record, registers of births and marriages, made, executed, entered into, given and en-
registered by and between perfons refiding in any of the United States, or in any Foreign-
Kingdom, State, Nation, or Colony, beyond fea, and out of the jurifdiction of this State:

II. BE it enacted by the General Assembly, That all fuch deeds if acknowledged by the party making the fame, or proved by the number of witneffes requifite before any Court of Law, or the Mayor, or other Chief Magiftrate of any City, Town, or Corporation of authenticated the Country in which the party fhall dwell, certified by fuch Court, or Mayor, or Chief Magiftrate, in the manner fuch acts are usually authenticated by them; and all policies of infurance, charter parties, powers of attorney, foreign judgments, fpecialties on record, registers of birth and marriages, as have been, or fhall be made, executed, entered into, given and enregistered in due form, according to the Laws of fuch State, Kingdom, Nation, Province, Ifland or Colony, and attested by a Notary Public, with a testimonial from the proper Officer of the City, County, Corporation, or Borough, where fuch Notary Public shall reside, or the great Seal of fuch State, Kingdom, Province, Ifland, Colony, or Place beyond fea, fhall be evidence in all the Courts of Record within this Commonwealth, as if the fame had been proved in the said Courts.

Repealing claufe. Provifo.

Commencement of this act.

III. ALL and every Act, clause and claufes of Acts, coming within the purview of this Act, fhall be, and the fame are hereby repealed. Provided always, that nothing in this Act contained, fhall be conftrued in any manner to alter the method of taking and certifying the privy examination of any feme covert, or in any other respect to alter or repeal the Act, intituled, An Act for regulating Conveyances.”

IV. THIS Act shall commence in force, from the paffing thereof.

An Act reducing into one, the feveral Acts concerning Wills, the Diftribution of Inteftates Eftates, and the Duty of Executors and Adminiftra

Who may dif. I. pose of their

lands and te

nements by

will.

tors.

BE

[Paffed the 13th of December, 1792.]

E it enacted by the General Affembly, That every perfon aged twenty-one years or upwards, being of found mind, and not a married woman, fhall, have power at his will and pleasure, by last will and teftament in writing, to devife all the eftate, right, title, and interest in poffeffion, reverfion or remainder, which he hath, or at the time of

his death fhall have, of, in, or to lands, tenements or hereditaments, or annuities or rents charged upon, or iffuing out of them, fo as fuch laft will and teftament be figned by the teftator, or by fome other perfon in his prefence, and by his direction; and moreover, if not wholly written by himself, be attefted by two or more credible witneffes, fubfcribing their names in his prefence.

1792.

Devifes of ments must be How to be at

lands or tene

in writing.

tested.

dows their dower.

How fuch des viles may be A will made when the tef children not to affect thofe wards.

revoked.

tator had no

II. SAVING to the widows of teftators their dower in fuch lands, tenements, rents, Saving to wior annuities, according to the Laws, which fhall not be prejudiced by any devife thereof. III. NO devife fo made, or any claufe thereof, fhall be revocable but by the Teftator's deftroying, cancelling, or obliterating the fame, or caufing it to be done in his prefence, or by a fubfequent will, codicil, or declaration in writing made as aforefaid. But every last will and testament, made when the Teftator had no child living, wherein any child he might have is not provided for, or mentioned, if at the time of his death he leave a child, or leave his wife enfeint of a child, which fhall be born, fhall have no effect during the life of fuch after born child, and shall be void, unless the child die without having been married, or before he or she fhall have attained the age of twenty-one years. of twenty-one years. When a Teftator shall leave children born, and his wife enfeint, the pofthumous child or children, if it be unprovided for by settlement, and be neither provided for nor difinherited, but only pretermitted by the laft will and teftament, fhall fucceed to the fame portion of the father's eftate, as fuch child would have been entitled to, if the father had died inteftate; towards raifing which portion, the devifees and legatees fhall contribute proportionably, out of the parts devifed and bequeathed to them by the fame will and testament.

born after

A pofthumuschild

prætermitted will, to have

in

his father's the fame portion of his elhad died intef

tate as if he

tare.

IV. NO perfon under the age of eighteen years, fhall be capable of difpofing of his No perfon unchattels by will.

der the age of 18 to difpofe of his chattels by will.

Rules con

cerning nun

V. NO nuncupative will shall be established, unless it be made in the time of the laft fickness of the deceafed at his habitation, or where he hath refided for ten days next pre-cupative wills ceding, except where the deceafed is taken fick from home, and dies before he returns to fuch habitation; nor where the value exceeds thirty dollars, unless it be proved by two witneffes, that the Teftator called on fome perfon prefent to take notice or bear teftimony that fuch is his will, or words of the like import.

VI. AFTER fix months have elapfed from the time of speaking the pretended tefta mentary words, no teftimony fhall be received to prove a nuncupative will, unless the teftimony, or the fubftance thereof, fhall have been committed to writing within fix days after making the will.

Where they

fhall not be of

force.

VII. NO will in writing, or any devife therein of chattels, fhall be revoked by a fub- How devises fequent will, codicil, or declaration, unless the fame be in writing.

of chattels may be revo ked.

VIII. ANY foldier in actual military fervice, or any mariner or seaman being at fea, Soldiers and may dispose of his chattels as he might heretofore have done

IX. IF any person fhall fubfcribe his name as a witness to a will wherein any bequest is given to him, if the will may be not otherwife proved, the bequeft fhall be void, and fuch witness shall be allowed and compellable to appear, and give teftimony on the refidue of the will, in like manner as if no fuch bequest had been made. But if fuch witness would be entitled to any fhare of the Teftator's eftate in cafe the will were not established, so much of his faid fhares fhall be faved to him, as fhall not exceed the value of the legacy bequeathed him.

feamen may difpofe of their chattels as heretofore.

where bequefts to the be void.

witneffes thall

may take

miniftrations,

X. THE feveral District, County, or Corporation Courts, fhall have power to hear District and and determine all caufes, matters, fuits and controverfies teftamentary, arifing within their county courts respective jurifdictions, and to examine and take the proof of wills, and grant certificates proof of wills, thereof, according to the methods and rules following; that is to fay: If any Teftator and grant adshall have a manfion-house, or known place of refidence, his will fhall be proved in the Court of the District, County, or Corporation, wherein fuch manfion-houfe, or place of refidence is; if he have no fuch place of refidence, and lands be devised in the will, it shall be proved in the Court of the District, County, or Corporation, wherein the lands lie, or

T t

1792.

Trobat to be received when

hibited.

in one of them where there fhall be lands in feveral Districts or Counties; and if he hath no fuch known place of refidence, and there be no lands devifed, then the will may be proved, either in the Court of the District, County, or Corporation where the Teftator fhall die, or that wherein his eftate, or the greater part thereof, fhall be; or fuch will may in any cafe, be proved in the General Court.

XI. WHEN any will shall be exhibited to be proved, the Court having jurisdiction as the will is ex- aforefaid, may proceed immediately to receive the probat thereof, and grant a certificate of fuch probat: If however, any perfon interefted, fhall within feven years afterwards appear, and by his bill in Chancery conteft the validity of the will, an iffue fhall be made up, whether the writing produced be the will of the Teftator or not, which shall be tried by a Jury, whofe verdict fhall be final between the parties, faving to the Courta power of granting a new trial for good caufe, as in other trials; but no fuch party appearing within that time, the probat fhall be forever binding: Saving alfo to infants, femes covert, and perfons abfent from the state, or non compos mentis, the like period after the removal of their respective difabilities.

But the vali dity thereof may be contefted by any interested within feven years there

after.

How wills may be proved by wit

XII. IN all fuch trials by Jury, the certificate of the oath of the witneffes at the time of the first probat, fhall be admitted as evidence, to have fuch weight as the Jury fhall think it deferves.

XIII. IT fhall be lawful for any Court when any will fhall be produced to them for probat, and any witness attesting the fame fhall refide out of the Commonwealth, to flue a neffes refiding commiffion or commiffions annexed to fuch will, and directed to the prefiding Judge of out of the

common

wealth.

Copies of wills proved in

other states or

the courts of

any

Court of Law, or to any Notary Public, Mayor, or other Chief Magiftrate of any City, Town, Corporation, or County, where fuch witness may be found, authorifing the taking and certifying his atteftation. If the perfon to whom any fuch commiffion fhall be directed, fhall certify in the manner fuch acts are ufually authenticated by him, that the witness perfonally appeared before him and made oath, or folemn affirmation, (as the cafe may require) that the Teftator figned and publifhed the writing annexed to fuch commiffion as his laft will and teftament, or that fome other perfon figned it by his direction, that he was of difpofing mind and memory, and that he fubfcribed his name thereto in the prefence of the Teftator, and at his requeft, fuch oath or affirmation fhall have the fame operation, and the will be recorded in like manner, as if fuch oath or affirmation had been made in the Court from whence fuch commiffion iffued.

any of

XIV. AUTHENTICATED copies of wills proved according to the Laws of the United States, or of Countries without the limits of the fame, and relative to any cftate countries, may within this Commonwealth, may be offered for probat in the General Court; or where the be proved and recorded in estate so devised shall lie altogether in any one County or District, the Court of fuch County or District respectively may admit to record any fuch authenticated copies, but the bord and oath of the executor or adminiftrator, with the will annexed, fhall be changed from the bond and oath required by Law in other cafes, in fuch manner as to the faid Court thereof may be fhall feem neceffary, and the proof to be made by the witneffes fhall be conformed to the nature of the cafe. But fuch will fhall be liable to be contefted and controverted in the fame manner as the original might have been.

this common

wealth,

The validity

contested as the originals

might have been.

The executors

named therein intitled to

probat.

XV. ALL perfons named as executors in any fuch will, fhall, after the copy thereof has been admitted to record as above directed, be entitled to a probat of the faid will, in the And where there fhall

And admini- fame manner as if the original will had been proved in fuch Court.

ed where there are none,

ftration grant be no executors named in the faid will, or the executors therein named, fhall all of them refuse the executorfhip, the Court shall have the fame power and authority to hear and deor they rule termine the right of adminiftration, and to grant a certificate for obtaining letters of administration, with the will annexed, as if the original will had been proved in Court.

to qualify,

XVI. NO nuncupative will fhall be proved within fourteen days after the death of the Teftator, nor until his widow (if any) and next of kin, have been fummoned to contest the fame, if they please.

XVII. IF the General Court, or any District, County, or Corporation Court, having another's will jurifdiction as aforefaid, fhall be informed that any perfon hath the will of a Teftator in may be com- his cuftody, fuch Court may fummon such person, and by a proper process, compel him to produce the fame.

pelled to pro

duce it.

1792.

adminiftration

XVIII. IF the executors named in any will fhall all refufe the executorfhip, or being Where execurequired to give fecurity as herein after mentioned, fhall refufe or fail to give the fame, tors refufe, which fhall amount to a refufal of the executorship, in either cafe, the Court having jurif- with the will diction as aforefaid, may receive the proof of the will, and grant a certificate for obtaining annexed tha letters of adminiftration with the fame annexed, to the perfon to whom administration would have been granted, if there had been no will of the deceased.

XIX. BEFORE granting a certificate of the probat of any will, the executor or adminiftrator, with the will annexed, (as the cafe may be) fhall in open Court take the follow ing oath, to wit:

YOU shall fear that this writing contains the true laft will of the within named
as far as you know or believe; and that you will well and truly perform the fame by paying
firft his debts, and then the legacies contained in the faid will, as far as his goods, chattels and
credits will extend, and the Law charge you; and that you will make a true and perfect inven-
tory of all the faid goods, chattels and credits, as also a juft account when thereto required.

And fhall alfo give bond, in fuch penalty, as will be equal to the full value of the estate at
the least, and with fuch fecurity as fhall be approved of by the Court, with the following
condition, to wit:

THE

of

>

thall

Executors & adminiftrators

fhall be fworn.

Oath of an ex ecutor or ad

miniftrator with the will

annexed.

HE condition of this obligation is, that if the faid , executor of the laft will Bond. and teftament, (or adminiftrater with the will annexed, of all the goods, chattels and credits) deceafed, do make a true and perfect inventory of all and fingular, the goods, chattels and credits of the faid deceafed, which have, or fall come to the hands, poffeffion, or knowledge of or into the hands or poffeffion of any and the fame fo made, do exhibit into the

the faid

at fuch time as

other perfon or perfons for

Court of

fhall be thereto required by the faid Court, and

the fame goods, chattels, and credits, do well and truly adminifter according to Law, and make
a juft and true account of
astings and doings therein, when thereunto required by the
faid Court; and further, do well and truly pay and deliver all the legacies contained and specified
in the faid will, as far as the faid goods, chattels, and credits will extend, according to the value
thereof, and as the Lato fhall charge
then this obligation to be void, or elfe to remain

in full force.

2

XX. WHICH bond fhall be payable to the Judges or Juftices fitting in Court, and their fucceffors, and fhall not become void upon the first recovery, but may be put in fuit and profecuted from time to time, by and at the cofts of any party injured by a breach thereof, until the whole penalty be recovered thereupon.

XXI. BUT where any Teftator fhall leave vifible eftate, more than fufficient to pay all his debts, and by will fhall direct that his executors fhall not be obliged to give fecurity, in that cafe no fecurity fhall be required, unless the Court fhall fee caufe from their own knowledge, or the fuggeftions of creditors or legatees, to fufpect the executors of fraud, or that the Teftator's perfonal eftate will not be fufficient to difcharge all his debts, and fhall require fecurity, when the fame fhall be given, before a certificate fhall be granted, notwithstanding any directions to the contrary in the Teftator's will.

XXII. THE power of executors over their Teftator's eftates before probat of the will, Their power is not hereby restrained, but fhall continue as heretofore.

XXIII. DURING any conteft about a will, or during the infancy, or in the abfence of an executor, or until a will which may have once exifted, but is deftroyed, fhall be eftablished, or whenever the Court from any other caufe fhall judge it convenient, they may appoint any perfon or perfons to collect and preferve the eftate of any decedent, until a probat of his will, or durante minore ætate, or until administration of his eftate be granted, taking bond and fecurity for collecting the eftate, making an inventory thereof, and fafe keeping and delivering up the fame when required, to the executors or administrators.

XXIV. THE bond and oath of the administrator or appointee in fuch cafes, fhall be changed from the bond and oath of an administrator in ordinary cafes, in fuch manner as to the faid Courts, or any of them shall feem necessary.