TITLE XVI. CHAPTER 68. leet of duties in certain cases. court which has jurisdiction of the case, unless the will shall have been otherwise deposited with the judge of probate; and shall, within the period above mentioned, signify to the court his acceptance of the trust, or make known in writing to such court his refusal to accept it. SEC. 15. Every person who shall neglect to perform any of the Liability for neg duties required in the two last preceding sections, without reasonable cause, shall be liable to each and every person interested in such will, in the sum of ten dollars damages for each and every month he shall so neglect, after the thirty days above mentioned, to be recovered in an action on the case with costs. When person having custody of will may be com mitted for neglect to deliver same to probate 6 Greenl., 274. Notice of time and place of proving will. When probate may be granted on testimony of one witness. When other wit nesses may be admitted to prove will. Effect of proof will in probate court. SEC. 16. If any person, having the custody of any will, after the death of the testator, shall, without reasonable cause neglect to deliver the same to the probate court having jurisdiction of it, after he shall have been duly notified by such court for that purpose, he may be committed to the jail of the county, by warrant issued by such court, and there be kept in close confinement until he shall deliver the will as above directed. SEC. 17. When any will shall have been delivered into or deposited in any probate court having jurisdiction of the same, such court shall appoint a time and place for proving it, when all concerned may appear and contest the probate of the will, and shall cause public notice thereof to be given by personal service on all persons interested, or by publication under an order of such court, in such newspaper printed in this state, as the judge shall direct, three weeks successively, previous to the time appointed; and no will shall be proved until notice shall be given as herein provided. SEC. 18. If no person shall appear to contest the probate of a will at the time appointed for that purpose, the court may, in its discretion, grant probate thereof, on the testimony of one of the subscribing witnesses only, if such witness shall testify that such will was executed in all the particulars as required in this chapter, and that the testator was of a sound mind at the time of the execution thereof. SEC. 19. If none of the subscribing witnesses shall reside in this state, at the time appointed for proving the will, the court may in its discretion, admit the testimony of other witnesses to prove the sanity of the testator and the execution of the will; and, as evidence of the execution of the will, may admit proof of the hand writing of the testator and of the subscribing witnesses. SEC. 20. No will shall be effectual to pass either real or personal and allowance of estate, unless it shall have been duly proved and allowed in the probate court as provided in this chapter, or on appeal, in the circuit court or supreme court; and the probate of a will of real or personal estate, as above mentioned, shall be conclusive as to its due execution. Wills proved and allowed in other states, &c. 4 Greenl., 134. When copy of SEC. 21. All wills which shall have been duly proved and allowed in any other of the United States, or in any foreign country or state, according to the laws of such state or country, may be allowed, filed and recorded in the probate court of any county, in which the testator shall have real and personal estate on which such will may ope rate, in the manner mentioned in the following sections. SEC. 22. When a copy of such will, and the probate thereof, duly will and probate authenticated, shall be produced by the executor or other person interested in such will, to the probate court, such court shall appoint a produced, notice to be given. time and place of hearing, and notice shall be given in the same manner as in the case of an original will presented for probate. TITLE XVI. CHAPTER 68. and recorded. SEC. 23. If, on hearing the case, it shall appear to the court that If will allowed, the instrument ought to be allowed in this state, as the last will and copy to be filed testament of the deceased, the copy shall be filed and recorded, and the will shall have the same force and effect as if it had been originally proved and allowed in the same court. mentary, &c., on SEC. 24. When any will shall be allowed, as mentioned in the pre- Letters testaceding section, the probate court shall grant letters testamentary, or such will. letters of administration with the will annexed; and such letters testamentary or letters of administration shall extend to all the estate of the testator in this state; and such estate, after payment of his just debts and expenses of administration, shall be disposed of according to such will so far as such will may operate upon it; and the residue shall be disposed of as is provided by law in cases of estates in this state, belonging to persons who are inhabitants of any other state or country. ter making of SEC. 25. When any child shall be born after the making of his Provision for father's will, and no provision shall be made therein for him, such children born af child shall have the same share in the estate of the testator, as if he will. had died intestate; and the share of such child shall be assigned to him as provided by law in case of intestate estates, unless it shall be apparent from the will that it was the intention of the testator that no provision should be made for such child. SEC. 26. When any testator shall omit to provide in his will, for any when provision of his children, or for the issue of any deceased child, and it shall for child omitted ap- by mistake, &c. pear that such omission was not intentional, but was made by mistake or accident, such child, or the issue of such child, shall have the same share in the estate of the testator, as if he had died intestate, to be assigned as provided in the preceding section. be taken. SEC. 27. When any share of the estate of a testator shall be as- From what es signed to a child born after the making of a will, or to a child, or the tate provision to issue of a child omitted in the will, as herein before mentioned, the same shall first be taken from the estate not disposed of by the will, if any; if that shall not be sufficient, so much as shall be necessary, shall be taken from all the devisees or legatees, in proportion to the value of the estate they may respectively receive under the will, unless the obvious intention of the testator, in relation to some specific devise or bequest, or other provision in the will, would thereby be defeated; in which case, such specific devise, legacy or provision may be exempted from such apportionment, and a different apportionment may be adopted, in the discretion of the probate court. When the issue take estate. SEC. 28. When a devise or legacy shall be made to any child or other relation of the testator, and the devisce or legatee shall die be- of deceased lefore the testator, leaving issue who shall survive the testator, such is- gate, &c., to sue shall take the estate so given by the will, in the same manner as the devisee or legatee would have done, if he had survived the testator; unless a different disposition shall be made or directed by the will. payinent of SEC. 29. All the estate of the testator, real and personal, shall be Estate of testaliable to be disposed of for the payment of his debts, and the expen- tor liable for ses of administrating (administering) his estate, and the probate court debts, &c., almay make such reasonable allowance as may be judged necessary for lowance for the expenses of the maintenance of the widow and minor children, or widow, &c. maintenance of CHAPTER 63. TITLE XVI either, constituting the family of the testator, out of his personal estate, or the income of his real estate, during the progress of the settlement of the estate, but never for a longer period than until their shares in the estate shall be assigned to them. Estate appropri ated by will to be applied to SEC. 30. If the testator shall make provision by his will, or desig nate the estate to be appropriated for the payment of his debts, the payment of debts expenses of administration, or family expenses, they shall be paid according to the provisions of the will, and out of the estate thus appropriated, or so far as the same may be sufficient. &c. When provision SEC. 31. If the provision made by the will, or the estate appropriinsufficient, &c. ated, shall not be sufficient to pay the debts, expenses of administration, and family expenses, such part of the estate, real or personal, as shall not have been disposed of by the will, if any, shall be appropri ated according to the provisions of the law for that purpose. Estate given by will, liable to payment of debts. &c-when certain devises, &e.. to be ex. empted. Estates given by will, and liable for payment of debts, may be re tained by exeutor until assign ed. When devisee or legatee to hold ty to contribute,, &c. SEC. 32. The estate, real or personal, given by will to any devisees or legatees, shall be held liable to the payment of the debts, expenses of administration and family expenses, in proportion to the amount of the several devises or legacies, except that specific devises and legacies, and the persons to whom they shall be made, may be exempted, if it shall appear to the court necessary, in order to carry into effect the intention of the testator, if there shall be other sufficient estate. SEC. 33. When the estate given by any will, shall be liable for the payment of debts and expenses as mentioned in the preceding section, or is liable to be taken to make up the share of a child born after the execution of the will, or of a child, or of the issue of a child not provided for in the will as herein before provided, the executor shall have a right to retain possession of the same, until such liability shall be settled by order of the probate court, and until the devises and legacies so liable, shall be accordingly assigned by order of such court; and when the same can properly be done, any devisee or legatee may make his claim to such court, to have such liability settled, and his devise or legacy assigned to him. SEC. 34. All the devisees and legatees, who shall, with the consent of the executor or otherwise, have possession of the estate given to subject to liabili them by will before such liability shall be settled by the probate court, shall hold the same subject to the several liabilities mentioned in the preceding section, and shall be held to contribute according to their respective liabilities to the executor, or to any devisee or legatee from whom the estate devised to him may have been taken for the payment of debts or expenses, or to make up the share of a child born after the making of the will, or of a child, or the issue of a child omitted in the will; and the persons who may, as heirs, have received the estate not disposed of by the will as provided in this chapter, shall be liable to contribute, in like manner as the devisees or legatees. When liable for loss in case of insolvency of person liable to contribute. Settlement of li. abilities by de. cree of probate SEC. 35. If any [of the] persons liable to contribute, according to the provisions of the preceding section, shall be insolvent and unable to pay his share, the others shall be severally liable for the loss occasioned by such insolvency, in proportion to, and to the extent of, the estate they may have received; and if any of the persons so liable to contribute, shall die before having paid his share, the claim shall be valid against his estate, in the same manner as if it had been his proper debt. SEC. 36. The probate court may, by decree for that purpose, settle the amount of the several liabilities, as provided in the pieceding sec shall con TITLE XVI. CHAPTER £8, how made evi tions, and decree how much, and in what manner, each person tribute, and may issue execution as circumstances may require; and the claimant may also have a remedy, in any proper action or complaint in law or equity. SEC. 37. Every will, when proved as provided in this chapter, shall Wills and copies, have a certificate of such proof endorsed thereon or annexed thereto, dence. signed by the judge of probate, and attested by his seal, and every will so certified, and the record thereof, or a transcript of such record certified by the judge of probate and attested by his scal, may be read in evidence in all courts within this state, without further proof. SEC. 38. An attested copy of every will devising lands or any in- Attested copy to terest in lands, and of the probate thereof, shall be recorded in the be recorded in registry of deeds of the county in which the lands thereby devised registry of deeds. are situated. SEC. 39. The word "executor," in this and the subsequent chap- Construction of ters, shall be construed to include an administrator with the will an- the term "execu nexed. tor." TITLE XVII. CHAPTER 69. TITLE XVII. OF THE SETTLEMENT OF ESTATES OF DECEASED PERSONS. Chapter 69. Of Letters Testamentary and other Proceedings on the Chapter 70. Of the Administration and Distribution of Estates of Chapter 71. Of the Inventory and Collection of the Effects of De ceased Persons. Chapter 72. Of the Payment of Debts and Legacies of Deceased Persons. Chapter 73. Of Rendering Accounts by Executors and Adminis trators. Chapter 74. Of the Partition and Distribution of Estates. Letters, testamentary. CHAPTER 69. OF LETTERS TESTAMENTARY AND OTHER PROCEEDINGS ON THE PROBATE SECTION 1. When a will shall have been duly proved and allowed, the probate court shall issue letters testamentary thereon, to the person named executor therein if he is legally competent, and shall accept the trust and give bond as required by law. SEC. 2. Every executor, before he shall enter upon the execution Bond to be given of his trust, and before letters testamentary shall issue, shall give bond to the judge of probate in such reasonable sum as he may direct, with one or more sufficient sureties, with conditions as follows: by executor. 8 Pick., 526. 1 Mass., 35. 1. To make and return to the probate court, within three months, a true and perfect inventory of all the goods, chattels, rights, credits and estate of the deceased which shall come to his possession or knowledge, or to the possession of any other person for him : 2. To administer, according to law and to the will of the testator, all his goods, chattels, rights, credits and estate, which shall at any time come to his possession, or to the possession of any other person for him, and out of the same to pay and discharge all debts, legacies, and charges, chargeable on the same, or such dividends thereon, as shall be ordered and decreed by the probate court: 3. To render a true and just account of his administration to the probate court within one year, and at any other time when required by such court: |