Registers to be Be it further enacted, That there shall be, in manappointed, and ner as the constitution directs, a suitable person in each county their duty. appointed, or to be appointed register of wills, administrations, 1783 ch. 46, 12. accounts, decrees, orders, determinations, and other writings, Fixed time for courts, &c. 6 Geo. I. ch. Judge not to which shall be made, granted, or decreed upon, by the Judges of Probate, in their respective counties; which register shall be sworn to the faithful performance of the duties of his office, and have the care and custody of all files, papers and books, to the probate office belonging; and in case of the death, sickness, or necessary absence of the register, it shall and may be lawful for the Judge of Probate to nominate and appoint some meet person to officiate as a register, to be sworn as aforesaid, until the standing register shall be able to attend his duty, or until a new one shall be appointed by the Governor and Council. SECT. 3. Be it further enacted, That the Judges of Probate, in the respective counties, shall have certain fixed days for the making and publishing of their orders and decrees; and such 3. days shall be made known, by public notifications thereof, in the several counties, and all orders and decrees of Judges of Probate shall be made in writing, and duly recorded. be of counsel. 13 Geo. I. ch.9. SECT. 4. Be it further enacted, That no Judge of Probate shall be allowed or admitted to have a voice in judging and determining, nor be permitted to be of counsel, or to act as an attorney, either in or out of court, in any civil action, or other process or matter whatsoever, which may depend on, or have relation in any way, to any sentence or decree, made or passed by him in his office aforesaid. Nor shall he be of counsel or attorney in any civil action for or against any executor, administrator or guardian, as such, within the county in which said judge shall reside. And no register of probate shall be appointed an administrator or commissioner of insolvency, appraiser or divider of or upon any estate, or in any manner be interested in the fees and emoluments arising therefrom, or be of counsel, or in any way, directly or indirectly, act as an attorney in any matters and things whatsoever, which are or may be pending in the court of probate, of which he is register, or in any appeals therefrom. SECT. 5. Be it further enacted, That whenever any Judge of Probate shall be interested in the estate of any person deceased, within the county of such judge, such estate shall be settled in the Probate Court of the most ancient next adjoining County; and the will, if any, of such deceased person, may be there proved, or administration granted, as the case may require, and all other proceedings had thereon, in such adjoining county, as if such deceased person had belonged to or died within the same. And whenever due application shall be made in writing to the Judge of Probate, of such adjoining county, for the probate of a will, or the granting of letters of administration, in virtue of this Act, he shall, after giving due public notice thereof, proceed thereon, and settle such estate as fully. and to all intents, as he might any other estate within his proper jurisdiction: Excepting however, That when the Judge of Probate of Nantucket or Dukes County shall be interested in the estate of any person deceased, within his jurisdiction, the same shall be settled, in manner as herein before mentioned, in the Probate Court of the county of Barnstable: Provided always, That nothing herein contained shall take away the right of appeal to the Supreme Court of Probate, as allowed in other cases. SECT. 6. Be it further enacted, That the Supreme Judicial Supreme Court Court shall be the Supreme Court of Probate, and shall have of Probate. appellate jurisdiction of all matters determinable by the Judges 1783 ch. 46, §3. of Probate in their respective counties; and all appeals from any order or decree of a Judge of Probate, which shall be made after the passing of this Act, shall be to the said Supreme Court of Probate, accordingly. from decrees, 1783 ch. 46, 14. and served on adverse SECT. 7. Be it further enacted, That any person aggrieved Appeals may at any order, sentence, decree, or denial, of any Judge of Pro- be claimed bate in any county, may appeal therefrom to the said Supreme &c. of Probate Court of Probate; provided such appeal be claimed within Court, if made one month from the time of making such order, sentence, de- in one month. cree, or denial, and bond be given, and filed in the probate 4 W. & M. ch. office by the appellant, within ten days after such appeal shall 8 W. III. ch.2. be claimed and granted, for the prosecution thereof to effect at 6 Geo. I. ch. 3. the next Supreme Court of Probate, and for paying all intervening costs and damages, and such costs as the said Supreme Court of Probate shall tax against him. And such appeal shall be taken notice of and proceeded upon at the next term of the Supreme Judicial Court, which shall be holden next after the expiration of thirty-four days after such appeal shall be made, within and for the county where such order, sentence, decree, or denial was made; and the appellant shall file the Reasons of apreasons of appeal, in the Probate Court appealed from, within peal to be filed ten days after the bond is given, and shall serve the adverse party or parties with an attested copy of such reasons, fourteen party. days at least before the sitting of the said Supreme Court of Probate, at which the trial is to be had. And when it shall appear from the reasons of appeal, that the sanity of the testa- tator, &c. may tor, or the attestation of the witnesses in his presence, as the be tried by a law directs, is the question in controversy, on any will or codi- Jury: cil, the said Supreme Court of Probate may, for the determina- 1817 ch. 63, 12. tion thereof, direct a real or feigned issue to be tried before a jury in the same court, at the expense of the appellant, in case the issue be found against him. And in case the party or parties appealing fail in the prosecution of the said appeal to effect, then the adverse party, or any person interested in the sentence or decree so appealed from, shall have the benefit of the same, by filing a complaint before the Supreme Court of Probate, in like manner as is provided by law for affirming the judgment of the Court of Common Pleas, in the Supreme Judicial Court; and the Supreme Court of Probate may assess reasonable costs, in all cases that may be brought before them, by way of appeal, from the respective Judges of Probate, and grant execution therefor: Provided always, That any person Proviso for abbeyond sea, or out of the United States, who shall have no suf- sent persons ficient attorney within the Commonwealth, at the time of such Sanity of tes 1815 ch. 39, §2. Decree, &c. to be affirmed on complaint, if appeal is not prosecuted. interested. Appeals may when by acci are not season ably claimed. 1812 ch. 29. Further pro by filing reasous of appeal and giving bond. order, sentence, decree or denial, shall have one month, after his or her return, or constitution of such attorney, to claim and prosecute an appeal as aforesaid. SECT. 8. Be it further enacted, That whenever any person has been or shall be aggrieved by any order, sentence, decree, denial, or decision of any Judge of Probate in any county, and such person, by accident, mistake, or otherwise, shall not have appealed to the Supreme Court of Probate agreeably to the provisions of law, the said Supreme Court of Probate, upon petition to them, and after notice to the person or persons interested to support such order, sentence, decree, denial, or decision, and upon its appearing that the petitioner has not lost his appeal by his own neglect, and that justice requires a revision of such order, sentence, decree, denial, or decision, may grant an appeal therefrom, to be entered, heard and determined in the said Supreme Court of Probate: Provided always, That such petition shall be preferred within one year next after such order, sentence, decree, denial, or decision, shall have been made by such Judge of Probate. SECT. 9. Be it further enacted, That whenever there shall be ceedings staid an appeal from any order or decree of any Judge of Probate of any county to the Supreme Court of Probate as aforesaid, and the appellant shall file in the probate office his reasons of appeal, and give bonds to prosecute the same to effect, accord1783 ch. 46, 5. ing to law, and shall give notice thereof to the adverse party. in such case, all further proceedings, in consequence of such order, sentence, decree, denial, or decision, shall be staid, until a final determination shall be had thereon in the said Supreme Court of Probate. Probate Court may license executors, &c. to sell real estate 1783 ch. 32. 38. tion-1818 ch. 112, 3.] 1786 ch. 5. 1788 ch. 51. SECT. 10. Be it further enacted, That the Courts of Probate of the respective counties shall have the same authority, which the courts of common law have, upon petition, to empower and license executors, administrators, and guardians of 8 W. III. ch. 3. minors, or others, to sell the real estate of their testators, intestates, and wards, respectively, for the payment of just debts [* And charges and legacies, with incidental charges;* and such authority to of administra- sell shall extend, as well to any real estate which is, or may have been held by such testator or intestate in mortgage, and of which such executor or administrator shall have recovered seisin and possession, or which shall have been set off on execution to such executor or administrator for the use of the widow, heirs, or devisees of such testator or intestate, as to the other real estate of such testator or intestate: Provided always, That no such license shall hereafter be granted by either of the courts aforesaid, until after personal notice, or notice given by an advertisement for three weeks successively, in such newspaper as the court shall order, to all persons interested therein, of the time and place at which they may be heard concerning the same; and if the said persons interested, or any of them, shall give bond with sufficient sureties to pay such debts and legacies, with incidental charges, then such license shall -and that an not be granted. And provided further, That an appeal shall appeal may be be allowed from any order, sentence, decree, denial, or deci -provided no tice be first given to all persons inter ested 6 Geo. I. ch. 3. had. sion of any Judge of Probate, respecting any petition for such license, in like manner as in other cases. fore fixing on $17. SECT. 11. Be it further enacted, That every executor, ad- Oath to be ministrator, guardian or other person, who shall have or ob- taken by exetain a license from any court, according to law, for selling real cutors, &c. beestate of any person deceased, or under guardianship, shall, time and place previous to fixing upon the time and place of the sale of such of sale. estate, take the following oath or affirmation, before the Judge 1783 ch. 36, of Probate, or before some Justice of the Peace, whose certificate thereof shall be returned to the Judge of Probate, to wit: "I, A. B. do solemnly swear, (or affirm, as the case may be) that in disposing of the estate lately belonging to now deceased, (or under guardianship, as the case may be) I will use my best skill and judgment in fixing on the time and place of sale, and that I will exert my utmost endeavours to dispose of the same in such manner as will produce the greatest advantage to all persons interested therein; and that, without any sinister views whatever." sold on license, SECT. 12. Be it further enacted, That no such license as Licenses to be aforesaid for the sale of real estate, granted by any of the in force but courts aforesaid, shall be in force for a longer term of time one year. than one year from the time when such license shall have been granted. And no action by any heir or other person, Actions to reinterested for the recovery of any real estate, sold under cover estate such license, shall be sustained, unless such action shall limited to five be brought within the term of five years after the execu- years. tion and delivery of the deed given under such license: Pro- Proviso for vided always, That minors, and other persons under legal disa- minors, &c. bilities, and persons out of the Commonwealth at the time of such sale, may maintain such action at any time within the term of five years from the removal of their disabilities, or from their return to the Commonwealth, as the case may be. SECT. 13. Be it further enacted, That any executor, ad- Sales under ministrator, guardian, or other person, licensed by any of said license may be courts to make sale of real estate, may adjourn such sale, if adjourned 14 ex- days. pedient, for any space of time not exceeding fourteen days. or next of kin, 30 days, and taken within three months. 4W.&.M. ch.2. an inventory SECT. 14. Be it further enacted, That after the decease of Administration any person intestate, administration of such intestate's goods to be granted and estate shall be granted unto the widow or next of kin of to the widow such intestate, upwards of twenty-one years of age, or to both, as or both, within the Judge of Probate shall think fit, within thirty days; and an inventory taken of all the real estate, goods and chattels, rights and credits of the deceased, within three months, by three suitable persons, appointed by the Judge of Probate, and sworn by him to the faithful discharge of their trust, except in cases where provision is now made by law for their being sworn in any other manner; but when such estate lies more than ten of persons to miles from the place of holding the Court of Probate, to which take inventory. such inventory is to be returned, or when any part of such es- 6 Geo. I. ch. 3. tate lies without the limits of the county of the Judge of Pro- 1793 ch. 36, bate, who has jurisdiction of the settlement of such estate, it 16. shall be lawful for the Judge of Probate, or for any Justice of the Peace to appoint such three persons to take the inventory 6 Geo. I. ch. 3. 1783 ch. 36. Appointment After 30 days, if widow or next of kin re fuse administration, it may be committed to creditors. Form of administration bond. ch. 10. of the estate so distant as aforesaid, or so without the county as aforesaid; and the persons so appointed by said Justice of the Peace, shall be sworn to the faithful discharge of their trust by said justice, who shall also certify the same, together with the appointment, to the said Judge of Probate; and such appointment by the Justice of the Peace shall be valid and effectual in law. And after the expiration of thirty days from the death of any person intestate, in case the widow or next of kin shall refuse or neglect to take out letters of administration, being cited before the Judge of Probate for that purpose, if resident within the county, the said Judge of Probate may commit administration of such estate to some one or more of the principal creditors, and in case of their refusal, to such other person or persons as the said judge shall think fit. And every administrator shall, before entering upon the execution of the trust, give bond to the Judge of Probate, with good and sufficient sureties, upon condition, among other things, to make and return a true inventory of the estate administered upon, into the probate office, within three months, and to render an account of administration within one year from the time of taking administration; which bond shall be in the form following: Know all men by these presents, that we 22 & 23 Car.II. within the Commonwealth of Massachusetts, are holden and 4 W.&M. ch. 2. stand firmly bound and obliged, unto 1783 ch. 36, 18. 1816 ch. 94. Judge of Probate of wills, and for granting administration within the county of in the full and just sum of to be paid to the said and his successors in said office; to the true payment whereof above bounden day of deceased, do make or cause to be made, a true and perfect in- the day of at or before next ensuing ; and the same goods and chattels, rights and credits, and all |