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itors to ex
tratrix or administratrices, shall be by him or
Sec. 3. And be it further enacted, That the
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
istration, then this obligation to be void and of none effect, otherwise to remain in full force and virtue.
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
Courts of common pleas, pow. er to call executors, administra
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.
ebruary 18th, 1804.
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: