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the children of fuch persons dying intofiate, and such persons as legally reprefent such children, in cafe any of the faid children be then dead, other than sucli child or children who fall have any eltate by settlement, or shall be advanced by the inteftate', in his life time, by portion or portions equal to the share which shall, by fuch distribution, be allotted to the other children to whom such distribution is to be made; and in case any child shall have any estate by settlement, from the said inteftate, or fhall be advanced by the faid intestate in his life-time, by portion not equal to the fare which will be due to the other children by such distribution as aforesaid, then so much of the furplusage of the estate of such intestate finall be distributed to such child or children as Mhall have any land by settlement from the intestate, or were advanced in the life-time of the intentate, as shall make the estate of all the faid children to be equal, as near as can be estimated. And in case there be no children, nor any legal representatives of them, then one moiety of the faid cftate full be allotted to the wife of the faid inteftate, and the residue of the jaid eltate shall be distributed equally to every of the next of kindred of the inteitate, who are in equal degree, and those who represent them ; but no representation thall be admitted among collaterals, after brothers and fifters children. And in case there be no wife, then all the said eftare to be distributed equally to and amongit the children; and in case there he no child, then to the next of kindred in equal degree of, or unto the intestate, and their legal representatives as aforesaid, and in no other manner whatsoever.
IV. snd be it further enačied by the authority aforesaid, Where the estate of That if after the death of a father, any of his children fall ce between the mo- die inteftate, withour wife or children, in the life-time of
the mother, every brother and lifter, and the reprefentatives
of them, shall have an equal share with her; any thing in this act, or any law, ulage or custom to the contrary notwithstanding.
V. ord be il further enaĉied by the authority afirefaid', Duis a7 not to ex: That neither this act, nor any thing therein contained, redying intetze. pecting the distribution of intestates estates, Mall be construed to extend to the estates of feine coverts that shall die intestate, but that their hulbands may demand and have administration of their rights, credits and other personal estates, and recover and enjoy the fame as fully as they might have done before the pariing of this act..
Vi. And le it further ended by the authorily afurefuid, Surrogates to bi That it shall and may be lawful to and for the person adappointe! in cach
miniftring the government of this state for the time being, by and with the advice and consent of the-council of appointment, from time to time, and at all times hereafier, to nominate and appoint, during the pleasure of the faid council, and commiflionate, under the great feal of this 1tzie, a surrogate in each and every county of this state, who thall be, and hereby are respectively authorised and empowered to take the proof of the lait wills and testaments
, and codicils, of all persons dying in the leveral counties, for which such furrogates (hall be respectively appointed and commiffioned, and to make and ifiue probates thereof, and to grant letters tutamentary thereon, and to grant adminiftrations, with the will annexed, in all cases where it may be necetlary or proper, and to grant letters of adminiftratior of the goods, chattels, and credits of all perfons dying intestate in the respective counties for which such furrogates Mall be respectively appointed and cominitioned. And if it fo happen that any person who is cr hall be an inhabitant in any part of this itare, shall die while abrent from home upon 2.
ther, brothers and fit. Us I'.
tend to teme coverts
journey or business, the will of such person, if he or she shall have made any, fhall be proved before, and the probare thereof granted, or it such perion fball die inteftate, administration of his or her goods, chatte's and credits, shall be granted, by the surrogate of the county where such person to dying was an in habitant, as if such person had died at home. And further, That luch letters testamentary and administrations shall be made in the name of the people of the state of New-York, and tested in the name of the surrogate who shall grant or illue the same, and be sealed with his seal of office; and all such probates, letters testamentary, and administrations, shall be as good, valid and effectual, to all intents and purposes, as if the fame were made, granted and issued by the judge of the court of probates of this ftate ; any law, utage or custom to the contrary notwithstanding.
VII. And be it further enabled by the authority aforesaid, That each of the faid surrogates ball, at his own expence, cause a seal to be made for his office, with such device as they may respectively think proper, upon which 'feal shall be inscribed the name of the county for which it is to be uc, and the words, Surrogate Seal, and shall deliver a description in writing of iuch. seal to the secretary of this state, who shall deposit and record the fame in his office, there to remain as a public record of this state.
VIII. And be it further endlied by the authority aforesaid, That each of the said furrogates shall record in books to be provided for that purpose, at his own expence) all wills proved before him, together with the proof thereof, and all letters teftamentary and administrations by him iflued or granted, with all things concerning the same ; which records shall be of the tame force; validity and effect, as the like records in the office of the judge of the court of probates of this state. And further, That all wills proved bee. fore any such surrogate, shall, upon demand, after the same are copied by the surrogate, be returned to the person who delivered the fame to such furrogate ; or in case of the death, insanity or removal of such perion from this fate, before the will Mall be delivered to such person, then such will to be returned to any devisee named in such will, or to the heirs or afligns of such devisee; and in case of demand of such will from the surrogare, by such devisee, or the heirs or afsigns of such devilee, on the suggestion of the deatli, in fanity or reinoval from this fare, of the person who delivered the will, the furrogate Ihall not be compelled to deliver fuch will, until the truth of the suggestion shall be proved to him, by the oath of a witness or witnesses, and which witnesles the surrogate is authorised and required to examine on oath, touching the truth of the suggeflion.
IX. And be it further enuced by the autorily aforcfuicia That every surrogate so to be appointed and commissioned, hall, before he enters upon the execution of his office, take and subscribe the following oath, to wit: furrogate of the county of
do folerenly and ficerely promile and iwear, That I will in all things, well and faithfully execute the office of surogate of the said county, according !o the best of any knowledge and ability. And further, That upon the death or reinoval from office of any
fuch furrogate, the said seal, and all original wills, with all records, books and parers belonging to the said office, Iball be ed over to i he fucceilor in office, upon the oath of the preceeding furogate, or of his executors or administrators, in case of his death,
are not in abitants.
Bonds to be taken
X. And be it further enabled by tie authority aforefaid, That in all ca.rs where a caveat ihall be entered in the office of any such surrogate, or any Dhjection be made againit the proving of any will, or granting of adminiftration of the goods, chiattels and credits of any person, who is or shall be an inhabitant of the county for which such surrogate shall be appointed and commiilioned, such jurrogate shall cause the parties and witnefies to be cited to appear before him, and hear and determine the matter in controversy according to law, and grant and illue fuch probates, letters teftamentary or adminiftrations, as shall be agreeable to law and justice; savingto every one conceiving him, heror themselves aggrieved, his, her and their right of appeal to the judge of the court of probates of this state, so as such appeal be taken within fifteen days next after the order or sentence appealed froin be made.
XI. Aidbe it further enuced by the authority afore ud, Judge of probates That in all cases of persons dying out of this ftate, or of perFrant administrations fons dying within this state, not inhabitants of this state, nt the state or which their wills shall be proved before, and adminiftrations of
their personal estates, when necessary, be granted by the judge of the court of probates of this state, in the manner heretofore used, and before or by no other person.
XII. And be'il fitriher enaticd by the authority aforesaid, That the judge of the court of probates of this ftate, and the surrogates of each of the refpective counties of this state, and every of them, for the time being, shall
and inay, upon their respective granting and committing of perims to whom of administration of the goods of persons dying inteftate,
take of the respective person or persons to whom such ada
ministration shall be committed, except where administra. tion Niall be granted to a husband, of the goods, chattels and crediis of his wife, sufficient bonds, with two or more able fureties, to the people of the Nate of New-York, in such penalty as the said judge or surrogate shall think reasonable, respect being had to the value of the estate; with condilion as follows, to wit: "HE
the , dits of
deceased, do make, or cause to be made, a true and perfta inventory of all and singular the goods, chattels and credits of the faid decealed, which have or shall come to the hands, pofleflion or knowledge of the Laid
or into the hands or poflession of any other person or persons for the said
and the same so made, do exhibit, or cause to be exhibited (where such bond shall be taken by the judge of the court of probates) into the registry of the court of probares of this state (but where fich bond shall be taken by a surrogate) into the office of the surrogate of the county of
at or before the expiration of fix calendar months from the date of the above written obligation, and the same goods, chatiels and credits and all other goods, chanels and credits of the said deceased, at the time of
death, which at any time after shall come to the hands or potsetiion of the said
or into the hands or pollession of any other person or persons for the faid
do well and truly adminifter according to law; and further, when thereunto lawsully required, do make, or caule to be made, a just and true account of administration ; and all the rest and residue of the faid goods, chattels and credits, which shall be found remain. ing upon the faid administrato s account, the fame being first examined and
arininiftration is ranted.
ailowed of by the judge of the court of probates of this state for the time being, shall deliver and pay unto fuch person or persons respectively, as the faid judge, by his decree or sentence, shall, pursuant to the true intent and meaning of the act, entitled, An act for fettling intestates eftates, proving wills and granting adminiftrations, limit and appoint; and if it fall hcreatier appear,
any laft will and testament was made by the said deceased, and the executor or executors therein named, or any other person or persons, do. exhibit the fame, and request to have it allowed and approved; then if the faid
being thereunto required, do render and deliver the letters of administration granted on the estate of the said deceased, to the office from which the fame were issued; then this obligation to be void and of nchie effect, or else to remain in full force and virtue.
Which bonds shall be good, to all intents and purposes, Proceedings in cafe and pleadable in any courts of justice. And in case any such bond.
bonds shall become forfeited, it shall and may be lawful for the judge of the court of probates of this state, to cause the fame to be prokecuted in any court of record, at the request of any party griuved by luch forfeiture; and the monies recovered upon such bond thall be applied towards making good the damages fustained by the not performing the hiu condition, in such manner as the said judge Chall, by his sentence or decree, direct. And further, That it shall and may be lawful to and for the judge of the court of probates of this state, to call such administrators to account for and touching the goods, chattels and credits of any person dying inteftate, and upon hearing and due confideration thereof, to order and make jult and equal distribution of what remaineth clear, after debts, funeral charges and just expences of every fort, first allowed and deducted, according to the laws in such cases, and the rules and limitations in this act mentioned; and the fame distributions to decree and settle, and to compel such adminiftrators to observe and pay the same by due course of law; and also to hear and determine all causes touching any legacy or bequeft in any laft will and testament, payable or coming out of the personal estate of the teftator, and to decree and compel payment thereof; faving to every one suppoling liin, her or themselves aggrieved, his, her and their right of appeal.
XIII. And be it firth.r cnaéled by the authority aforesaid, That if any person or persons shall neglect or refuse to perform any such fentence or decree of the judge of the court of probates of this state, it fail and may be lawful to and for the judge of the faid court for the time being, to cause such person or persons, by process directed to any sheriff of any county of this Itate, to be taken and imprisoned until he, she or they shall perform the same fentence or decree; and every sheriff is hereby directed to cause all such procels to him at any time directed, to be duly executed, and to confine the persons against whom such process shall be itsued, as in execution, until they thall be delivered by due course of law; and if any fheriff shall neglect his duty therein, he shall be anfwerable to the party grieved, in such manner as he would be answerable upon process of the like nature iffuing out of the supreme court.
XIV. Arid be it further enucled by the art/orily aforcfurthy Nora de tribution to That no diftribution of the goods, char:els and credits of piration of one year. any person dying inteftate, Thall be made until after one year be fuly expired after granting administration thereof; and that each and every one to whom any distribution and Nare shall be allotted, or any legacy par bequest paid or delivered, Niall give bond, with futricient fureties, to the
Itance of a party inbereited.
administrators or executors, that if any debt or debts truly owing by the inleitate or teftator, as the case may be, hall be afterwards sued for and recovered, or otherwise duly made to appear, and which there shall be no otha aflits to pay; that then, and in every such case, he or she shall, respectively, refund and pay back to the administrators or executors, his or her rateable part of such debt or debts, and of the costs of fuit and charges by reason of such debt or debts, out of the part and share so allotted to him or her, or out of inch legacy, thereby to enable the faid adminiitrators or executors to fatisly such debt or debts.
XV. And be it further enacted by the authority afureja: No administrator or That no administrator or executor shall be cited to the faid to render an account, court of probates, to render an account of the personal es a'no', w at the in. tate of his intestate or teftator, otherwise than by an in fer
tory or inventories thereof, unless it be at the instance or
prosecution of some perfon or persons in behalf of a minor, or having a demand out of such personal estate, as a creditor, legatee, or next of kin, nor be compellable to account before the laid court, otherwise than as is aforesaid; any thing in this act, or any law, usage or custoin to the contrary notwithstanding.
XVI. And be il further cra%d by the authority aforesaid, Where alminitra. That in all cases where any adıniniitration Mall be gramed, tie will annexed, the with a will or testament annexed, either by the judge of the will to be observed.
court of probates of this state, or by any surrogate of any county of this ftare, the will of the deceased in such testament exprefled, Mall be observed and performed. And further, That all former proceedings according to the provisions of such laws as were in force before the palling of this act, and all rights and claims agreeable to the provisoes of this act, shall be, and hereby are confirmed.
[The i7ch tection of this act is repealed, 12th felf.ch. 25. fec. 8.]
XVIII, Ardbe it further ena led by the authority aforesaid, It çols of the tef: That wherever it shall appear to the furrogite, by the oath not exceed 151. 10ites of the person applying for letters testamentary or letters of
adminitration, that the goods, chattels and credits of the tetator or in teftate, do not exceed in value the sum of fifteen pounds, no fees shall be exacted by or paid to the surrogate, on granting letters testamentary, or letters of adminiitration, of the goods, chattels and credits of such teftator or intestate; any thing herein before contained to the contrary there. of in any wise notwithstanding.
XIX. And be it further enated by the authorily aforefaid, That the several acts of the legislature of the late colony of New-York, For the supervising intestates estates, and regulating the probate of wills, and granting letters of administration, and for extending the fame to several counties; and, For the better settling of inteitates eftates, shall be, and hereby are repealed.
XX. And be it further enaĉicd by the authority aforesaid, That the courts of the said surrogates, and the said court of probates, in the matters submitted to their cognizance respectively by this act, shall proceed according to the course of the courts having by the common law jurisdiction of the like matters: Provided, That the fame shall nor be construed to extend to the inflicts ing any ecclefiaftical pains or penalties whatsoever.