to give bond: Administrators on the execution of the trust, give bond to the Judge of Probate, with good and sufficient sureties resident within this State, upon condition among other things, to make and return upon oath, 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 form following: Know all men by these presents, That we within the State of Maine, are holden and stand firmly bound and obliged unto , 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, we do bind ourselves and each of us, our, and each of our heirs, executors and administrators, jointly and severally, by these presents. Sealed with our seals. Dated the Form of bond. of for the said day or in the year of our Lord one thousand eight hundred and The condition of this obligation is such, that if the above bounden administrator of all and singular the goods and estate of , deceased, do make or cause to be made, a true and perfect inventory of all and singular the real estate, goods and chattels, rights and credits of said deceased, which have or shall come to the hands, possession or knowledge of into the hands or possession of any other person or persons and the same so made, do exhibit or cause to be exhibited upon oath into the Registry of the Court of Probate of the said county of at or before the day of next ensuing; and the same goods and chattels, rights and credits, and all other the goods and chattels, rights, and credits of the said deceased, at the time of death, which at any time after shall come to the hands and possession of the said , or into the hands and possession of any other person or persons for the said do well and truly administer according to law; and further to make or cause to be made, a just and true account of said administration, upon oath, on or before the day of which will be in the year of our Lord, one thousand eight hundred and , and all the rest, residue and remainder of the said goods and chattels, rights and credits, which shall be found remaining upon the said administration account, (the same, being first examined and allowed by the Judge, for the time being, of Probate of Wills and for granting administrations within the county of , aforesaid,) shall deliver and pay unto such person or persons respectively, as the said Judge by his decree or sentence, pursuant to law, shall limit and appoint and if it shall hereafter appear, that any last will and testament was made by said deceased, and the executor or executors therein named do exhibit the same into the Court of Probate of the said county of making re- Sealed and delivered in presence of us, S may be granted persons dying the State. SEC. 8. Be it further enacted, That when any person who Administration has died or shall die intestate without the State, shall leave on the estate of estate of any description within the same to be administered, out and leaving any person interested in such estate shall be entitled to let-estate within ters of administration thereon in like manner as if such intestate had died within the State; and the Judge of Probate of any county, wherein such estate shall be found, shall have power to grant such letters of administration accordingly, which shall extend to all the estate of such intestate within the State, and the same estate shall be settled in the county where such letters of administration shall have been first granted; and after such letters shall have been granted and notice thereof given by the administrator in like manner as in other cases, any new letters of administration on the same estate shall be void. all Probate SEC. 9. Be it further enacted, That in all cases wherein by Judge to examlaw bonds are required to be given to any Judge of Probate, in and approve or to be filed in the Probate Office, it shall be the duty of the bonds. said Judge first to examine and approve of such bonds, and upon their being so approved, but not otherwise, the said Judge shall order the same to be filed or recorded in the Probate Office. to account for personal estate as appraised, unless sold by SEC. 10. Be it further enacted, That every administrator Administrators shall be held to account with the Judge of Probate for the personal estate of the deceased, as the same shall be appraised, unless the said Judge shall think it will be more for the order of Judge. benefit of the parties interested, otherwise to dispose of the same, in which case the said Judge shall order the same or any part thereof, to be sold at public auction, or at private sale in such manner as he shall determine will best serve the interest of all parties interested; and the administrator shall account for such estate as the same shall have been sold: Provided always, That such sale shall be ordered within the If sold, to be term of three months from the return of the inventory, and months from not afterwards, unless the said Judge of Probate, shall for ventory. special reasons, think proper to allow a further term not exceeding six months. within three return of iD. ed in Probate SEC. 11. Be it further enacted, That whenever any exec- Wills to be ilutor or executors of the last will of any person deceased, office within knowing of their being so named and appointed, shall neg- thiry days at testator; Forfeiture for executor's neg lect, cred. ter decease of lect to cause such will to be filed within thirty days next af ter the death of the testator in the Probate Office of the county where he last dwelt, and proved and recorded within such time as the Judge of Probate shall limit and appoint; or present the said will, and in writing declare his, her or their refusal, every executor so neglecting his or her trust and duty in that behalf, (without just excuse made and accepted by the Judge of Probate for such delay,) shall forfeit a sum not exceeding sixteen dollars a month, from and after the time limited as aforesaid, until he, she or they shall cause said will to be filed and probate thereof to be made, or present the and how recov-same as aforesaid; and 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 Circuit 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 not exceeding sixteen dollars a month as aforesaid, for and during the time of delay above mentioned; and upon any such refusal of the executor or executors, the Judge of Probate shall commit administration of the estate of the deceased, with the will annexed, unto the widow or next of kin to the deceased, or one or more of the devisees, or in case of their refusal, to one or more of the principal creditors, as he shall think fit. Judge may grant admin. c. t. a. in case of executor's refusal, &c. Judge may grant dedimus to take deposises to wills in certain cases. tions of witnes SEC. 12. Be it further enacted, That when a will shall be offered for probate to any Judge of Probate in this State, and the witnesses live out of the State, or more than thirty miles distant, or by reason of age or indisposition of body are unable to appear and give evidence in Court, the deposition of such witness in writing taken before any person or persons duly authorized by dedimus potestatem by such Judge of Probate, shall have the same force and effect as though the witness was present, and testified in open Court. prove of will in SEC. 13. Be it further enacted, That where it shall clearon testimony ofly appear to the Judge of Probate either by the consent of Judge may ap certain cases, one or more witnesses. Copy of wills proved in for. eign Courts may be filed, Court coun heirs at law in writing, or by other satisfactory evidence, that there is no objection to the Probate of any will, it shall be lawful for the said Judge, at his discretion, to decree 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. SEC. 14. Be it further enacted, That when the executor or any other person interested in a will that has been proved &c. in Probate and allowed in a Court of Probate in any of the United ty where estate States, or in a Court of Probate in any other State or Kingmay be that is dom, pursuant to the laws of such State or Kingdom, shall produce a copy of such will, with a copy of the probate thereof, under the seal of the Court where the same will has divised. given. been proved and allowed, unto any Judge of Probate in any county in this State, where the testator had estate, real or personal, whereon the same will may operate, and shall, in writing desire the same may be filed and recorded in the Probate Office in the same county, pursuant to this statute, the said Judge shall assign a time and place for taking the same into consideration, and shall cause notice thereof to be made Notice to be in some public newspaper three weeks successively, thirty days at the least before the time assigned, to the end that any person may appear and shew cause against the filing and recording the same; and if at the time assigned no sufficient objection is made, the said Judge may cause the same copy to be filed in the Probate Office, and direct the same to be there recorded; saving always an appeal to any person aggrieved, to the Supreme Court of Probate. And provided further, That nothing in this Act shall be construed to operation of make valid any will or codicil that is not attested and subscribed in the manner the laws of this State direct, nor to give operation and effect to the will of an alien different from that which such will would have had before the passing of this Act. Appeal allow ed. Proviso as to such wills. return invento SEC. 15. Be it further enacted, That every executor nam- Excentor ed in a will hereafter to be proved, and taking upon himself give bonds to that trust, shall give bond to the Judge of Probate with suffi- ry, &c. cient sureties, resident in this State to return upon oath a true and perfect inventory of the testator's estate into the Probate Office within three months, and to render an account of his proceedings thereon, in the same manner administrators are by law obliged to do, unless such executor or executors are residuary legatees; in which case bond may be giv- or to pay debts en by him or them to pay the debts and legacies of the and legacies. testator; and in case such executor or executors shall neg Proceedings in lect or refuse, for the space of twenty days, to give bond as case or neglect aforesaid, the Judge of Probate may commit administration of the estate of such testator, with the will annexed, to some other person, in like manner as he may grant the same when the executor refuses the trust; and when the executor is un- and when he is der the age of twenty-one years at the time of the probate of a minor, the will, administration may be granted with the will annex of of executo-- ecutors, &c. ing without the ed during the minority of such executor. And where there and when there are divers persons named executors, in any will hereafter to are divers ex be proved, none shall act as such, but those who give bond as aforesaid. SEC. 16. Be it further enacted, That when any person who Executor livshall hereafter be appointed executor of any will, shall, at State, to give the time of the probate of the same, live without this State, where restator he shall before letters testamentary are issued to him, enter lived, &c. into bonds to the Judge of Probate for the county in which the testator lived, with sufficient sureties, being inhabitants of the said State, for his faithful performance a he trust bond in county Effect of filing and recording State. What notice by executors tors of their reposed in him and if such executor shall refuse to enter into such bonds, administration shall be granted with the will annexed, in the same manner as if such executor declined the trust. SEC. 17. Be it further enacted, That where the copy of copies of wills any will which has been proved and allowed in any Probate proved out of Court in any of the United States or in any foreign State or Kingdom, shall be directed to be filed and recorded in any Probate Court in this State pursuant to this Act, the filing and recording thereof shall be of the same force and effect as the filing and recording of an original will proved and allowed in the same Court of Probate; and the said Judge may thereupon proceed to take bond of the executor, or grant administration of the said testator's estate, lying in this State, with the will annexed, and settle the said estate in the same way and manner as by law he may or can the estates of testators, whose wills have been duly proved before him. SEC. 18. Be it further enacted, That whenever an executor must be given or administrator shall be appointed to the estate of any perand administra- son deceased, and shall take upon himself that trust, by givappointment. ing bond faithfully to discharge the duties thereof, as the law directs, he shall make known the same within three months, by causing notice thereof to be posted up in some public place in the town or plantation where the deceased was resident, and had his home at the time of his death; and shall also give such further notice thereof as the Judge of Probate shall in writing direct. And if the deceased was neither an inhabitant nor resident within this State at the time of his death, the executor or administrator shall give such notice of his undertaking that trust, as the Judge of Probate that issued the letter of administration, or approved the will, shall in writing direct and affidavit of the executor or administrator petuating evi- made and filed in the same Probate Office, within seven months after undertaking that trust, accompanied with an original notification, (or a copy thereof,) of his undertaking that trust, and recorded in the Probate Office, shall be admitted as evidence of the time, place and manner notice was given. Mode of per dence of such notice. Executors and living out of pointment, and render account, SEC. 19. Be it further enacted, That when any executor administrators, of any last will and testament, or administrator of an estate, State or remov. shall reside without this State at the time of taking upon him ing after ap that trust, or shall afterwards remove out of this State and neglecting to shall neglect or refuse, after due notice from the Judge of Probate to render his account and make a settlement of such estate with the creditors, legatees or heirs, or their legal representatives; or when any executor or administrator shall or becoming in- become insane, or otherwise incapable of, or evidently unable, may be suitable to discharge the trust reposed in him, the Judges of Probate in their respective counties within this State, are authorized and empowered to remove from office such executor sane or unsuit removed. |