examine into and grant the same, under such conditions and restrictions as are or shall be imposed by law, or by the court granting the same. But before granting any such petition, notice shall be given by the court or clerk, for three weeks, of the pendency and prayer thereof, by advertisement published at least three times in some newspaper printed in this state, or by putting up notices thereof, as in case of an application for the appointment of an administrator; and every executor, administrator or guardian, empowered as aforesaid, shall and may, by virtue of such authority, make, sign and execute, in due form of law, deeds and conveyances of such real estate or property as they shall sell; and such deeds and conveyances shall make as good a title to the purchaser, his heirs and assigns, as the testator, intestate or ward, being of full age and of sane mind and memory in his life time, might or could have made. But before any sale, the executor, administrator or guardian, shall give thirty days public notice thereof by posting up notifications of such sale, in the town where the real estate or property to be sold lies, and in the town where the testator, intestate or ward dwells, or did dwell at the time of his death, and also in two next adjoining towns; or shall publish the same in some public newspaper, for four successive weeks, or in such other manner as the court of probate may direct; and whoever shall give most shall have the preference in such sale. The executor, administrator or guardian may, in his discretion, adjourn any such sale to any future day, whenever he may deem the same advisable, giving notice of such adjournment in the same manner in which notice of the sale was given, as soon as may be after such adjournment, and up to the day of the adjourned sale; unless the adjournment shall be from day to day only, and then by making public proclamation thereof at the place and time of the sale, and by setting up a notice thereof at such place. But every person so empowered to sell any land or property, before he makes any sale, shall give bond with surety, to the satisfaction of the court empowering him, to apply the proceeds of such sale to the purposes for which the court granted leave to make the same. SEC. 10. Whenever any court of probate shall settle the account of any executor, administrator or guardian in which there shall be credited any sum, as the proceeds of any sale of any land which belonged to his testator, intestate or ward, or wood, or stone, or coal, or peat, standing, growing, or being on any such land, such court shall particularly examine whether all the requisitions of law in relation to such sale, were duly complied with; and shall specially adjudge and decree in relation to the same, whether such requisitions have been complied with or not, and the notice given before settling any such account shall state that it contains such a credit. SEC. 11. Whenever any administrator or guardian appointed by any court of probate, or any executor of any will approved by any court of probate, shall, in writing, resign his trust to the court appointing him, such court may accept such resignation and appoint a successor, who shall have all the power that the person resigning had; but no resignation shall be accepted until the person resigning shall have settled his accounts with said court. In case the person so resigning shall have been sole executor, administrator or guardian, said court shall proceed and appoint a successor; if he were joint executor, administrator or guardian, with some other person not resigning, such person shall be required to give a new bond, in such sum as said court shall deem reasonable, with sureties satifactory to said court; upon the giving of which he shall have the same powers in relation to the estate of the deceased or ward that he, together with the person resigning, had jointly; but in case he refuse to give such new bond, said court shall remove him, and appoint a new administrator or guardian, conforming to the requisitions contained in the sixth section of this act. SEC. 12. The town clerk of each town shall be the clerk of the court of probate in such town; he shall attend the meetings of such court, record their proceedings, and also all wills, administrations, inventories, accounts, decrees, orders, determinations and other writings, which shall be made, granted or decreed upon by the court of probate of such town; and shall have the custody and safe keeping of the seal of said court, and of all the books and papers belonging to the bate office. pro SEC. 13. Whenever the clerk of any probate court shall not appear at the time and place appointed for the meeting of the court, such court may appoint a clerk pro tempore; who after being duly sworn shall perform all the duties, exercise all the powers, enjoy all the emoluments, and be subject to all the requirements, granted to or conferred on, or required of, clerks of probate courts. SEC. 14. In all cases where bonds are required by law to be given to any court of probate, they shall be given to the proper court by name, and not to the individuals who may, at the time, constitute such court; and may be sued in like manner; and no person shall be disqualified from being a witness in any such suit by reason of his being a member of the court of probate to which the bond was given the same shall apply to bonds given to town councils. SEC. 15. Previous to the granting of any letters of administration, or to the approving or disapproving of any last will and testament, or to the acceptance of the resignation of any executor, administrator or guardian, or to the making any order upon the report of commissioners on any estate which has been represented insolvent, and before the passing of any decree upon any executor's, administrator's or guardian's account, or of any order of distribution among the heirs of any deceased person, and in all such other cases as the court of probate may deem necessary and shall direct, the said court of probate shall cause all parties known to be interested in such order or decree to be notified thereof, by causing the clerk of said court to post up in some conspicuous place within his office, or at the place where said court of probate usually meet, and at one other public place within the town, at least three weeks before the rendering such order or decree, notice of the subject matter thereof, and of the time and place at which the same will be acted upon; or said court of probate may cause notice to be given by advertisement published for three successive weeks, once a week, at least, in some newspaper printed within this state; or by causing notice to be served upon all parties interested, by some sheriff, deputy sheriff, town sergeant or constable, by reading said notice to the party, if to be found, or otherwise by leaving an attested copy of said notice at the last and usual place of the party's abode; either of said modes of giving notice to be discretionary with the court of probate: provided, however, that if it shall appear to said court of probate before passing any such order or decree, that previous notice has been given to all known parties interested as aforesaid, by the clerk of said court, upon application to him made, in one of the modes prescribed in this section, and that mode be satisfactory to said court, or if all known parties interested in such order or decree shall have given their assent in writing to said court's proceeding at that time and place to determine in the premises, then said court may proceed to hear and determine in the premises in the same manner as though said notice had been given by order and direction of said court, as aforesaid. SEC. 16. Any person aggrieved at any order, determination or decree of any court of probate, except express provision be made to the contrary, may appeal therefrom to the supreme court, at the term thereof to be holden in the same county next after the rendition of said order, determination and decree, if said term do not commence within sixty days of said time, and if so, then at said term or at the next succeeding term of the said court in the same county. SEC. 17. Such appeal must be claimed by the aggrieved party within forty days next after such order, decree or determination shall have been made; and bond shall then be given to said court of probate, with sufficient surety, satisfactory to the said court appealed from, or to the clerk thereof, if said court shall not then be in session, to prosecute such appeal with effect, or in default thereof to pay all intervening costs and damages, and such costs as the supreme court shall tax against the appellant. SEC. 18. The person so appealing shall, within ten days after giving bond as provided in the preceding section, file his reasons of appeal in the office of the clerk of the court appealed to; and shall cause the adverse party to be served with a copy thereof, and to be cited at least ten days before the sitting of the court appealed to, that such party may prepare to answer the same. SEC. 19. Appeals shall be proceeded upon at the term of the said supreme court at which they shall be entered. If a matter of fact be in controversy, the same shall be tried by a jury, if either party request it. SEC. 20. If the party appealing give bond as aforesaid, but shall neglect to prosecute said appeal in manner aforesaid, the said supreme court, upon the complaint of any person interested in the order, determination and decree appealed from, may affirm the same and pass such further decree or order as may be necessary to carry the same into full effect. SEC. 21. In case any order, decree or determination of any court of probate shall be appealed from, the operation of such order or decree shall be wholly suspended until the same shall be affirmed by the supreme court: provided, however, that if the decree shall be for granting letters testamentary, of administration or guardianship, the executor, administrator or guardian, on giving bond according to law, shall have power to collect, receive and take possession of all the rights, credits and estates of the testator, intestate or ward, which by law he could have collected, received or taken possession of provided no appeal had been made; and to take proper care of the ward and his family during the pendency of said appeal. SEC. 22. The municipal court of the city of Providence is hereby declared to be a probate court within said city; and shall have and execute all the powers conferred, and be subject to all the duties imposed by this act, or which hereafter may be conferred or imposed by any act on courts of probate in this state. An Act in relation to Wills of Real and Personal Estate SECTION 1. Who may devise lands-no devise in fee tail to be for a longer time than to the children of the first devisee. 2. Wills to be in writing, signed by the party, and attested in his presence by at least three witnesses. 3. Will revocable by marriage of testator, by a subsequent will duly executed, by some other writing, by burning, cancelling, tearing or obliterating. 4. Wills of personal estate may be made by persons eighteen years of age, but those of married women to control only the property secured to them by the act concerning the property of married women; wills of personal estate to be executed and revoked by like formalities as wills of real estate. Exception in favor of mariners at sea and soldiers in service. 5. Widow shall refuse to accept provision made for her in lieu of dower, within one year from probate of will. 6. Child born after execution of will may inherit as if parent had died in SECTION 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. inventory and to render an account, unless they are residuary legatees, and then bond to pay debts and leg acies. Executor refusing to give bond, court of probate to appoint administrator. Executor being under age, administrator to be appointed during his minority; no executor to act till he give bond. Any executor being a residuary legatee may bring an action of account against his co-executors. Legacies recoverable by suit at common law. Executor living out of the state, refusing to account, or any executor or administrator becoming insane, or incapable of performing his duties, to be removed, and another administrator appointed with the same powers. Feme sole, joint executrix or administratrix marrying, her power to cease. Feme sole, sole executrix or administratrix marrying, her power to cease. Of several executors, the one accepting and the survivors to have the powers of all. Administrator with will annexed, to have same power to sell real estate as the executor. Debtor, executor, debt not extinguished thereby. The executor of a deceased executor, not an executor of the first testator, but an administrator with the will annexed, to be appointed on the decease of the first executor. Copy of a will proved in any other state or country may be filed and recorded in any town where necessary, after notice; other proceedings in such case. The effect of filing and recording the copy of a will proved in any other state or country, to be the same as the filing and recording an original will; but shall not make valid a will not executed according to the provisions of this act. It is enacted by the General Assembly, as follows: SECTION 1. Every person being upwards of twenty-one years of age, and of sane mind, not being a married woman, |