Judge may authorize guardi ans of minors owning reversions, &c. to purchase the particular estate for their benefit. Proviso. Penalty for executors' will to be prov- by a party in- estate devised. 1783 ch. 24. in dower, or by the voluntary relinquishment thereof, or in any other manner: That the guardian of any minor, having a right in reversion or remainder in and to any estate set off to the widow of any deceased person, as and for her dower, may, with the consent of the Judge of Probate, having jurisdiction of the settlement of such estate, purchase from the tenant in dower or her assigns, her or their interest in the same, for the benefit of such minor, and from his or her personal estate. And all monies, so applied, may, by such guardian, be charged to such minor in account; and all the rents and profits of such estate shall be credited to the minor, in like manner as the rents and profits, which arise from his or her other estate: Provided always, That it be satisfactorily proved to the Judge of Probate, that such purchase will be for the manifest advantage of such minors. SECT. 32. Be it further enacted, That whenever any executor or executors of the last will of any person deceased, knownot causing a ing of their being so named and appointed, shall neglect to cause such will to be proved and recorded, pursuant to the provisions of the sixteenth section of an Act, entitled, "An Act prescribing the manner of devising lands, tenements and hereditaments," passed on the sixth day of February, in the year of our Lord one thousand seven hundred and eighty-four, and such executor shall incur the forfeiture provided in the same section of said Act, for so neglecting his trust and duty in that behalf; such forfeiture shall be had and recovered by any party interested in the estate devised by such will, and by no other person, by action of debt in the Court of Common Pleas, holden within and for the county where such will ought by law to be proved; and in case of such forfeiture being incurred as aforesaid, judgment may be rendered by the court for any sum Amount of pe- not exceeding sixteen dollars a month, for and during the time of delay mentioned in the same section of said Act. 4 W.&M. ch.2. nalty. Wills not con tested may be proved by one or more of the subscribing witnesses. Guardians of minors to return an inventory of all SECT. 33. Be it further enacted, That in cases where it shall clearly appear to the Judge of Probate, either by the consent of heirs at law in writing, or by other satisfactory evidence, that there is no objection to the probate of any will being granted, it shall be lawful for the said judge, at his discretion, to grant probate thereof, upon the testimony of one or more of the three subscribing witnesses required by law, as the said judge shall think proper, whether such witnesses are within the process of the said judge or otherwise. SECT. 34. Be it further enacted, That every guardian, who shall be hereafter appointed to any minor having real estate, goods and chattels, rights or credits, shall be required to return their property. into the probate office a true and perfect inventory of all such real estate, goods and chattels, rights and credits, within such time as the Judge of Probate shall order, in like manner as the trustees of minors, appointed by any last will and testament, are by law required to do. Guardians not to transfer stock, &c. of SECT. 35. Be it further enacted, That before any guardian shall transfer or draw from any loan office, bank, insurance office, or other corporation, any loan office certificate, or share from Judge of in such bank, insurance office or other corporation, or any their wards, stock (so called) in any public fund, belonging to the ward of without license such guardian, it shall be the duty of such guardian to obtain Probate. license so to do from the Judge of Probate of the county where 1820 ch. 54, §3. such guardian has been or shall be appointed; and upon neglect thereof, such guardian shall be removed from office, and shall be considered as having forfeited his probate bond. notice to shew SECT. 36. Be it further enacted, That any Judge of Probate Guardians may dismiss any guardian of a minor, idiot, non compos or luna- may be distic person, or of persons who spend their estates by excessive missed, after drinking, idleness, or debauchery, whenever it shall appear to cause, whenthe said judge, that necessity or expediency require the same, ever judge and to appoint some other guardian in his place: Provided always, That no such guardian shall be dismissed as aforesaid, dient. before he shall have had notice, in writing, from said judge, 1789 ch. 46. fourteen days at least before the time of hearing, to appear and show cause why he should not be so dismissed. deems it neces sary or expe their trust nual ac SECT. 37. Be it further enacted, That all persons who are Trustees of or may be constituted trustees of any estate, real, personal or minors' estates to give bonds mixed, belonging to minors or other persons, to whom such es- for faithful tate has been or may be devised in trust for such minors or execution of other persons, by the last will and testament of any person, shall, except in the cases hereinafter mentioned, give bond to 1810 ch. 86. the Judge of Probate of the county in which such last will and testament has been or shall be proved, approved and allowed, with sufficient surety or sureties within the Commonwealth, in such sum as the said judge shall order, conditioned for the faithful execution of such trust according to the true intent and meaning of the testator, and that the trustee shall make a true to return an and perfect inventory of the real estate, goods and chattels, inventory and rights and credits of such minors or others, to be returned filed render an anand recorded in the probate office of such county, at such time count— as the said judge shall order, and that the said trustee will annually render an account to the said judge of the annual income -and to deand profits thereof, and at the expiration of such trust will ad- liver property just and settle his accounts with the said judge, and will pay at the expiraand deliver over all balances and sums of money or other pro- trust. perty that may be due, and give possession of the other estate belonging to such minors or others, with which such trustee may have been entrusted: Provided nevertheless, That no trus- Provisos. tee, so long as he shall continue faithfully to execute the trust, shall be obliged to give bond as aforesaid, in any case in which the testator in his last will shall have directed or requested that such bond should not be given, nor in any case, in which all the cestui que trusts, being of full age and legal capacity, shall signify to the Judge of Probate his or her request that such bond should not be taken: And provided also, That no person appointed a trustee before the passing of this Act, and having entered upon the execution of the trust without having given bond as aforesaid, shall be obliged to give such bond or be subject to any of the requirements of this Act, unless, after being cited to appear before the said judge, upon complaint in writing, it shall appear to the said judge, upon a full hearing, tion of their 1810 ch. 86. Neglect to give bond to be deemed a declining of the trust; and trustees appointed by the judge authorized to de mand and re ceive the property. Trustees may resign, after Proviso. Trustees may that it is necessary that such bond should be given in order to secure the faithful execution of such trust: And provided also, That such bond shall not be required of any such trustee who entered upon the execution of his trust before the passing of an Act, entitled "An Act requiring the trustees of the property of minors and others to give bond in certain cases," made and passed on the twenty-fifth day of February, in the year of our Lord one thousand eight hundred and eleven, and who has continued and shall continue faithfully to execute his trust: And provided also, That nothing in this or in either of the following sections shall be construed to take away any of the powers which are now by law vested in the Supreme Judicial Court. SECT. 38. Be it further enacted, That any person who has been or shall be constituted a trustee as aforesaid, and who shall neglect or refuse to give bond as aforesaid, shall be considered as having declined the acceptance of such trust; and the trustee or trustees who may be appointed by the Judge of Probate, as is hereinafter provided, shall and may thereupon be authorized to demand and receive of the trustees originally appointed as aforesaid all such estate as may have come to their hands by virtue of such trust, and to manage, pay and deliver over such property to said minors and others, in the same manner and under the same restrictions, obligations and duties as guardians are now by law obliged to do. SECT. 39. Be it further enacted, That any trustee appointed either by the testator as aforesaid, or by the Judge of Probate, accounting, &c. shall, upon request in writing to the said judge, be permitted to resign the trust, first accounting for, and paying and delivering over such estate, as shall have come to his hands by virtue of such trust, to such other person as the said judge shall appoint a trustee in his stead: Provided always, That no such resignation, except in the case of an executor or administrator who shall succeed to such trust upon the decease of his testator or intestate, shall be accepted and allowed, unless it shall clearly appear to the said judge to be expedient and proper. SECT. 40. Be it further enacted, That in case any person, be substituted who has been or shall be appointed a sole trustee, or any two or more persons, who have been or shall be appointed joint trustees in any last will, no provision being therein made for perpetuating such trust, and such sole trustee or any one or more of such joint trustees shall decline the acceptance of the trust, or shall die either before or after having accepted the trust, or shall neglect or refuse to comply with the provisions of this Act, the respective Judges of Probate shall, after notice to the cestui que trusts, appoint one or more suitable persons to be trustee or trustees in the place of the trustee or trustees, so dying or declining to accept as aforesaid; and any trustee or trustees appointed by the Judges of Probate shall be holden and bound by the provisions of this Act, in the same manner as if he or they had been so appointed in and by such last will; and the estate, so given in trust by such last will, shall in case of death or declining, and shall be bound by this Act. vest in the trustee or trustees, so appointed by the said Judges of Probate, in like manner to all intents and purposes as the same vested in the original trustee or trustees, under such last will. Trustees may be removed, when disquali ed. SECT. 41. Be it further enacted, That when any trustee, appointed either by any testator or by any Judge of Probate, shall, in the opinion of the Judge of Probate, be disqualified for fied, &c. and the discharge of the trust, by becoming non compos mentis or others appointotherwise incapable or evidently unsuitable for the execution of such trust, it shall be lawful for the said judge, after notice to such trustee, and the parties interested in the trust estate, to remove such trustee, and to appoint and substitute another in his stead. And whenever any person shall be appointed and substituted as a trustee, by the Judge of Probate as aforesaid, in the place of any former trustee, who may either have been removed from office, or have deceased, or have declined or resigned the trust as aforesaid, the person so appointed and substituted by the said judge shall give bond with sufficient surety or sureties, and shall be held to perform all the duties. prescribed in the thirty-seventh section of this Act. Provided however, That it shall be in the discretion of the said judge to direct an inventory to be made and returned, or not, by such new trustee, who in no manner whatever shall be deemed a trustee or authorized to Act as such, until such bond shall be given. notice, require cient sure ties, after six SECT. 42. Be it further enacted, That whenever the sureties Supreme Court in any bond given to the Judge of Probate shall be evidently may, on petiinsufficient for the purposes of such bond, the Supreme Court tion and after of Probate, on the petition of any person interested, and after new bonds in due notice to the principal and sureties on such bond, shall case of insuffihave authority to require from time to time new bonds, with ties sufficient surety or sureties in the case; and whenever any surety or sureties, on any bond given to the Judge of Probate, may disshall, at any time after six years from the date of such bond, charge surepetition the Supreme Court of Probate, that he or they may be years from discharged from any further responsibility upon such bond, date of bondthe said court, after due notice to all persons interested, may, in their discretion, discharge such surety or sureties from all further responsibility on such bond. And the said principal or and require principals shall, in all such cases, be required to procure other procure other sufficient surety or sureties upon such bond, or upon a new sureties— bond to be given to the Judge of Probate for the purpose, to the satisfaction of said court. And if such principal or princi- -on penalty pals shall not, within such time as shall be ordered by said of removal court, give such new bonds as may be required by virtue here- trust. of, he, she or they shall be removed from their trust, and some other person or persons shall be appointed in his, her or their stead. principals to from their SECT. 43. Be it further enacted, That any bonds, given pur- How probate suant to this Act, may be put in suit by order of the Judge of bonds may be Probate, to whom the same shall have been given, for the put in suit. benefit either of all or any of the minors or other persons interested in the estate given in trust as aforesaid; and the pro Appeals allowed from decrees, &c. respecting trusts, as in other cases. Costs at the discretion of the courts. ceedings in such case shall be the same as in the cases of suits on other probate bonds. SECT. 44. Be it further enacted, That any person aggrieved by any order, sentence, decree, or denial of any Judge of Probate, upon any matter touching such trusts as aforesaid, may appeal therefrom, as in any other case of an order, sentence, decree, or denial of a Judge of Probate. And the Supreme Court of Probate, and the Judges of Probate, respectively, may in their discretion award reasonable costs to either or both parties, in all those cases where justice shall require it, and shall grant execution therefor. SECT. 45. Be it further enacted, That this Act shall be in force from and after the first day of July next; and that from and after that day the several Acts and parts of Acts hereinafter menActs repealed. tioned be, and the same are hereby declared to be repealed, 1783 ch. 36. [*Ninth, in this edition.] 1783 ch. 38. 1783 ch. 46. 1789 ch. 46. 1810 ch. 36. 1810 ch. 86. 1811 ch. 139. 1812 ch. 29. 1812 ch. 105. that is to say; the proviso contained in the fifth section of an act, entitled "An Act directing the descent of intestate estates and for empowering the Judge of Probate to make partition in certain cases," passed on the ninth day of March, in the year of our Lord one thousand seven hundred and eighty-four; and also all the parts of the same Act subsequent to the said proviso, except so much thereof as relates to advancements therein mentioned; and also the tenth* section of an Act, entitled "An Act empowering the Judges of Probate to appoint guardians to minors and others," passed on the tenth day of the same month; and also, an Act, entitled "An Act for establishing Courts of Probate," passed on the twelfth day of the same month; and also an Act, entitled "An Act authorizing Judges of Probate to dismiss Guardians from their guardianship in certain cases,” passed on the first day of March, in the year of our Lord one thousand seven hundred and ninety; and also an Act, entitled "An Act for the settlement of estates of persons deceased, wherein Judges of Probate may be interested," passed on the sixteenth day of February, in the year of our Lord one thousand eight hundred and eleven; and also an Act, entitled "An Act requiring the trustees of the property of minors and others to give bond in certain cases," passed on the twenty-fifth day of the same month; and also an Act, entitled "An Act authorizing Judges of Probate in certain cases to alter the times appointed by law for holding Probate Courts, and to continue any process or proceedings therein," passed on the twenty-seventh day of February, in the year of our Lord one thousand eight hundred and twelve; and also an Act, entitled "An Act to authorize the Justices of the Supreme Court of Probate to grant appeals in certain cases," passed on the twenty-second day of June of the same year; and also an Act, entitled "An Act further regulating suits by and against executors and administrators," passed on the twenty-sixth day of February, in the year of our Lord one thousand eight hundred and thirteen. [Feb. 24, 1818.] Further act-1820 ch. 54. Chap. 191. An ACT regulating the management and drawing of Lotteries in certain cases, within this Commonwealth. SECT. 1. BE it enacted by the Senate and House of Representa |