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section.

itors to ex

accounts,

tratrix or administratrices, shall be by him or
her return to the clerk's office of said court with-
in three months; and he shall moreover adjust
and settle up the account within twelve months
from the date of such letters; and the executor
or executrix of any last will or codicil, shall be
governed by the provisions of this section, so Executors,
far as it relates to the goods and chattels of the erned by this
deceased, not otherwise disposed of in said will
or codicil; and the executor or executors, exe-
cutrix or executrices, administrator or adminis- Executors
trators, administratrix or administratrices, on trators, etc.,
receiving such letters, shall, by advertisement tice to cred-
inserted and continued for four weeks success- hibit their
ively, in one of the public newspapers printed etc.
in this state, notify the creditors of such estate
to exhibit their accounts, legally proven, within
one year.

Sec. 3. And be it further enacted, That the
said judges, when they grant letters of adminis-
tration, shall cause the administrator or admin-
istrators, administratrix or administratrices, to
give bond to the court, with two or more suffi- Administra-
cient sureties (respect being had to the value of give bond.
the estate) with the condition in manner and
form following, viz: The condition of this obli- Form of the
gation is such, that if the within bounden
do make or cause to be made, a true inventory of

condition.

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Continued.

all and singular the goods, chattels and credits of the said deceased, which have or shall come into his possession or knowledge, or the possession of any other person for him, and make return thereof to the clerk of said court, in his office, within three months from the date thereof; and the same goods, chattels and credits, and all other the goods chattels and credits of the said deceased, at the time of his death, which at any time after shall come into his possession or the possession of any other person for him, do well and truly administer, according to law; and further do make a true and full account of his administration within twelve months, and all the rest and residue of the said goods, chattels and credits, which shall be found remaining upon the said administrator's account, the same being first examined and approved of by the court, he shall deliver and pay to such person or persons respectively, as the said court, pursuant to the true intent and meaning of this act shall direct; and if it shall hereafter appear, that any last will and testament was made by the said deceased, and the executor or executors, executrix or executrices therein named shall prove the same, agreeable to law, and request letters testamentary thereon, if the within bounden

--- on being by the court required to deliver up the said letters of admin

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istration, then this obligation to be void and of none effect, otherwise to remain in full force and virtue.

administra

favor of the

Sec 4. And be it further enacted, That the ex- Executors, ecutor or executors, executrix or executrices, tore, etc., to

sell personal administrator or administrators, administratrix property. or administratrices, shall in all cases sell the personal property not devised or bequeathed, at public vendue, unless otherwise agreed on by the creditors and heirs: Provided alvays, That the Proviso, in widow may keep such part of the household widow. furniture as she may think proper, at the valuation of the appraisers aforesaid, she securing the payment thereof to the executor or executors, administrator or administrators, or receipting therefor as part of her legacy or dower, as the case may be.

Sec. 5. And be it further enacted, That the ex- In case of ecutors or executrices, administrator or admin- make a reistratrices, shall in all cases of sales of the clerk's property of the deceased, return a true and accurate statement of the same to the court or clerk's office as aforesaid; and the court shall allow the executors or executrices, adminis- Compensatrators or administratrices, six per cent. on the amount of the estate by them settled, and such

turn to the

office.

tion.

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Courts of common pleas, pow. er to call executors, administra

etc.

other charges thereon, as they may deem just and reasonable, to be paid out of the estate.

Sec. 6. And be it further enacted, That the courts of common pleas in the respective coun

ties, are hereby authorized to call executors or tors, etc., to executrices, administrators or administratrices

to account for, and touching the property of, the deceased, and upon hearing and due consideration thereof, to order and make just and equal distribution of what remaineth clear (after first allowing and deducting all just funeral and other charges or expenses, and what said court may deem sufficient for one year's support to the widow and children under full age, which may remain with her, as also all just debts) among the legal heirs of the deceased, according to law, and to compel such executor or executors, administrator or administrators, to ob

serve and pay the same, by due course of law, Right of ap. saving to every person or persons supposing

him or themselves aggrieved, their right of appeal.

Sec. 7. And be it further enacted, That all laws and parts of laws, contrary to the provisions of this act, are hereby repealed. This act shall take effect and be in force, from and after the first day of May next.

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peal saved
to persons
aggrieved.

Repealing
clause.

1

ment.

ELIAS LANGHAM,
Speaker of the house of representatives.

NATH. MASSIE,
Speaker of the senate.

ebruary 18th, 1804.

CHAPTER XXXVII.

n act, making appropriations for the year one

thousand eight hundred and four.

der of gov

Be it enacted by the general assembly of the state contingent

Ohio, That one thousand dollars shall be ject to or ppropriated as a contingent fund, subject to ernor. e order of the governor, who shall make reort of the disbursements thereof, to the next ession of the legislature. That there shall be paid out of the state treas- Payments ry, on the order or warrant of the auditor of out of state ublic accounts, to discharge the debts of the ate and for the expenditure of the state, for le year one thousand eight hundred and four, ot more than the following sums, viz:

treasury.

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