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sons named exeoutors in any will hereafter to be proved, none shall intermeddle and act as such but those who ac
tually give bond as aforesaid ; and any executor being a May bring residuary legatee, may bring an action of account against account.
his co-executor or executors of the estate of the testator in his or their hands, and may also sue for and recover his equal and proportionable part thereof; and any other
residuary legatee shall have the like remedy against the Legacies executors; and any person having a legacy given in any recovera- last will, may sue for and recover the same at the common ble at common law, law. Executar Sec. 12. And be it further enacted, That when any exec
tutor of any last will and testament shall reside without this State, the limits of this State at the time of his taking upon him
that trust, or shall afterwards remove out of this State, and shall neglect or refuse, after due notice from the court 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 administraExecutor tor shall become insane, or otherwise incapable of, or eviadminis- dently unsuitable to discharge the trust reposed in him,
or the courts of probate in their respective towns are authorbe granted to another. ized and empowered, in such cases, to grant letters of ad
ministration with the will annexed (or otherwise as the
case may require) to such person within this State as to His pow
the said court shall seem meet; and the administrator thus appointed shall have the same power and authority to administer the estate of the deceased, not administered upon by such former executor or administrator, and be subjected to the same duties, in as full and ample a manner as if the executor or administrator so removed, or re
siding without this State as aforesaid, were actually dead : Feme sole and when a feme sole shall, jointly with one or more perjoint exe- sons, be appointed executrix or administratrix, and after cutrix marrying, such appointment shall marry, during the life of the other her power executor or administrator, such marriage shall not make
the husband an executor or administrator in her right, but shall operate as an extinguishment or determination of such woman's power and authority; and the other executor or executors' administrator or administrators may proceed in discharging the trust reposed in them, in the
same way and manner as if such woman were naturally Feme sole dead : and when any feme sole, executrix or administraexecutrix trix, shall marry, such marriage shall not make her hus&c.
ing, band an executor or administrator in her right, but shall
to sea se.
nearest to the place where said court is to be holden, three weeks successively, the first publication whereof shall be thirty days at least before the time assigned, to
the end that any person may appear and shew cause And cause against the filing and recording the same; and if at the the same to be re- time assigned, no objection is made, or none in the judg. corded. ment of said court sufficient to prevent it, the said court
may cause the same copy to be filed in the registry of
said court of probate, and direct the same to be there reAppeal. corded; saving always, an appeal to any person appreCourt may hending himself aggrieved thereby, to the supreme judi
cial court, as in other probate cases : and the said court ters testamentary may grant letters testamentary to the executor therein thereon.
named, or to the administrator appointed under the original will, they giving bond according to law.
Sec. 2. And be it further enacted, That when the copy of recording, &c.
any will which has been proved and allowed in any court of probate 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 of 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 said court of probate.
An act directing the Descent of Intestate Estates, and the Settle
ment thereof, and for other purposes therein mentioned.
Section 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, That henceforth when any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass, in equal portions, to his or her kindred, in the following course :
To his or her children, or their descendants, if any there be:
If there be no children, nor their descendants, then to the father of such intestate:
If there be no father, then to the mother, brothers and sisters of such intestate, and their descendants, or such of them as there be:
If there be no mother, nor brother, nor sister, nor their descendants, the inheritance shall go in equal moieties to the paternal and maternal kindred, each in the following course:
First to the grandfather :
A If there be no grandfather, then to the grandmother, uncles and aunts, on the same side, and their descendants, 'or such of them as there be :
If there be no grandmother, uncle nor aunt, nor their descendants, then to the great-grandfathers, or greatgrandfather, if there be but one:
If there be no great-grandfather, then to the greatgrandmothers, or great-grandmother, if there be but one, and the brothers and sisters of the grandfathers and grandmothers, and their descendants, or such of them as there be, and so on in other cases without end; passing to the nearest lineal male ancestors, and for want of them, to the lineal female ancestors, in the same degree, and the descendants of such male and female lineal ancestors, or such of them as there be.
But no right in the inheritance shall accrue to any persons whatsoever, other than to the children of the intestate, unless such persons be in being, and capable in law to take, as heirs, at the time of the intestate's death.
And when herein the inheritance is directed to go by moieties to the paternal and maternal kindred, if there be no such kindred on the one part, the whole shall go to the other part; and if there be no kindred, either on the one part or the other, the whole shall go to the husband, or wife of the intestate; and if the wife or husband be dead, it shall go to his or her kindred in the like course as if such husband or wife had survived the intestate, and then died entitled to the estate.
The descendants of any person deceased, shall inherit the estate which such person would have inherited, had such person survived the intestate.
When the title to any real estate of inheritance as to which the person having such title shall die intestate, came by descent, gift or devise, from the parent or other kindred of the intestate, and such intestate die without children, such estate shall go to the kin next to the intestate, of the blood of the person from whom such estate came or descended, if any there be.
Bastards shall be capable of inheriting or transmitting inheritance on the part of their mother, in like manner as if they had been lawfully begotten of such mother.
Nothing in this section shall be construed or operate Dower, to bar any widow of any intestate of her right of dower in saved, the real estate of her deceased husband.
ed hush, her right of operate
Personal Sec. 2. And be it further enacted, That when any person estate lia- shall die possessed of any chattels, or personal estate, the ble for debts. same shall stand chargeable with the payment of all the
just debts and funeral charges of the deceased, and after
the payment thereof, the surplusage, (if any, there be,) Surplus not by him bequeathed, shall be distributed, by order of thereof
the court of probate who shall have granted administratributed. tion on such intestate estate, as follows : One third part
thereof to the widow of the deceased for ever, unless the intestate died without issue, in which case she shall have one half thereof for ever; the residue shall be distributed
amongst the heirs of the intestate, in the same manner Provision real estates descend by this act: and if the personal esfor the wi- tate shall be insufficient to pay the debts and funeral dow.
charges of the deceased, the widow shall nevertheless be entitled to her apparel, and such bedding and other household goods as the court of probate shall determine necessary, according to her situation and the circumstances of the estate; and such part of the personal estate as the
court of probate may allow the widow, shall not be asReal es- sets in the hands of the executor or administrator: and tate liable the real estate shall in all cases stand chargeable with
all the debts of the deceased, over and above what the
personal estate shall be sufficient to pay as aforesaid ; Heir not nor shall the heir or devisee, within three years and six to aliene within 3
months after the probate of the will or administration years and granted, encumber or aliene said estate, but the same 6 months.
may be sold by the executor or administrator if necessa
ry, as prescribed in the twenty-seventh section of this act: May after, Provided however, That after the expiration of said three uncondi. years and six months, the heir or the devisee may aliene, tionally.
and the same shall not be liable for the debts of the deceased, in the hands of the purchaser thereof, or any oth
er person. Court of Sec. 3. And be it further enacted, That the court of pro
etto bate, after the payment of the debts and funeral charges personal as aforesaid, and the expences of settling any estate are estate. dedueted, shall cause the surplusage of the personal es
tate, if any there be, to be distributed in manner herein And dis prescribed; and shall also, after payment of debts and vide real funeral charges, upon the joint application in writing of estate.
all parties interested, cause all the real estate within this State, whereof any person died possessed, to be divided amongst the several persons entitled to the same, by virtue of this act, in the proportion herein prescribed; and for