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that purpose shall issue a warrant, to be signed by the By warclerk of such court, directed to three or five indifferent rant. and discreet men, being freemen and freeholders of any or either of the towns wherein such lands lie, to be appointed by the court of probate, to appraise and divide the same accordingly; which warrant shall be in substance as follows, viz: sc. The State of Rhode Island and Providence
all freemen and freeholders of in our county of
greeting Whereas at a probate court holden at
on Form of. the day of
application was made according to law for the division of the estate of
deceased intestate; and the said court did thereupon order and direct a division of the same estate to be made amongst the heirs of the said
pursuant to the law in such case made and provided : you are therefore hereby appointed and authorized to appraise all the real estate whereof the said
died seized, each piece and parcel by itself, at the present value thereof in lawful money; and having made such inventory, you are faithfully and impartially to divide and make partition of the estate therein appraised, amongst the children and heirs of the deceased, as the law respecting the descent of intestate estates directs; observing, that if any of the children or grandchildren, or heirs of said deceased, have received from the said
any real or personal estate for their advancement or settlement, to take the game into consideration, and deduct the amount thereof from their shares respectively in such estate.
You are to let all parties concerned have notice when you proceed to make such appraisement and division, and having completed the same, you are to make return of this de warrant, with your doings thereon, into the probate office in said town of
as soon as may be. Witness,
president of the court of probate, this
And the persons to whom the same warrant may be Division directed shall , before they proceed on the business of how to be
made. their appointment, be sworn to the faithful discharge of the trust reposed in them; and shall thereupon proceed to appraise the same estate, and shall assign and set off
be made and recorded.
to the widow of the deceased, one third part thereof as her dower therein, and the residue they shall divide into shares, in the manner and proportion hereinbefore prescribed for the descent of such estate, and shall assign the same by lot to the respective heirs, unless the heirs, being all of the age of twenty-one years, shall agree upon the
share which each or any one shall take; in which case Report
the same shall be assigned accordingly: and in all cases where to of division of an estate as aforesaid, the report of the com
mittee appointed to make the same shall be made to the court which appointed them, and if approved of by the court, shall be recorded in the clerk's office of the same court : and all divisions of real estates, finally established, shall also be recorded in the records of land evidence
in the several towns wherein the lands lie: and any parAppeal granted. ty aggrieved by the division made by order of the court
of probate, may appeal from the decree confirming the same, to the supreme judicial court, in the manner prescribed by law for appealing from decrees of the said
court of probate : and the said supreme judicial court Proceedings there- shall, upon such appeal, have a right to enquire into the in.
equality of such division, and the mode of making thereof;
at their discretion confirm the same or direct a new division thereof to be made, and may appoint a new
committee for that purpose, and proceed in the manner Advance- hereinbefore prescribed : Provided nevertheless, and be it be deduct- further enacted, That if any of the children or grandchil
'dren of the intestate shall have received from the person whose estate is to be divided, any real or personal estate for their advancement or settlement, the same shall be taken into consideration, and be deducted from their shares in such estate respectively.
And in order to determine what shall be considered to
be advancing a child by settlement; What is an
Sec. 4. Be it further enacted, That if real estate shall advance- be conveyed by deed of gift, or personal estate shall be
delivered to a child or grand-child, and charged, or a memorandum made thereof in writing by the intestate, or by his order, or shall be delivered expressly for that purpose, in the presence of two witnesses, who were desired to take notice thereof, the same shall be deemed an ad
vancement to such child, to the value of such real or perInfant in
sonal estate, within the intent of this act: and in case any partition, infant shall be interested in the partition of any estate as Ec apply. aforesaid, the application for the same shall be made and
signed by his or her guardian duly appointed, whose acts in the premises shall be conclusive on such infant.
Sec. 5. And be it further enacted, That real estates hol- Estates in den in common by devise in any last will, shall and may by devise be divided according to the respective rights claimed may be dithereby, in the manner and form hereinbefore prescribed vided as for the division of intestate estates, and the like proceedings shall be had for effecting and confirming the same.
Sec. 6. And be it further enacted, That such part of the Also the real estate of any testator or intestate as shall be assign- reversion ed to the widow for her dower, shall, after her decease, be divided amongst the devisees, or heirs at law, of the deceased, in the same manner as the same would have been divided in case it had not been assigned for dower as aforesaid,
Sec. 7. And be it further enacted, That when partition or Costs of division shall be made by any court of probate, or upon how to be appeal as aforesaid by the supreme judicial court, of the collected. real estate of any deceased person, agreeably to the method prescribed in this act, and any one or more of the interested parties shall neglect or refuse to pay their just proportion of the expence of such division, it shall and By warmay be lawful for the court who ordered such division, to rant of disissue a warrant of distress against any delinquent or delinquents interested as aforesaid; provided an account of such charge be first laid before such court, and the just proportion of the persons interested, settled and allowed; they having been duly notified to be present at such settlement and allowance.
Sec. 8. And be it further enacted, That when a man and Tenant by his wife shall be seized of any real estate in her right in the curtefee, and issue shall be born alive of the body of such wife that may inherit the same, and such wife shall die, the husband shall have and hold such estate during his natural life, as tenant by the curtesy.
Sec. 9. And be it further enacted, That after the decease Adminisof any person intestate, administration of such intestate's tration to estate, both real and personal, shall be granted unto the Whom to. widow, or next of kin to the intestate, being upwards of ed. twenty-one years of age, or to both, as the court of probate shall think fit, within thirty days; and an inventory
Inventory shall be taken of all the goods, chattels, rights and cred- to be taits of the deceased, within three months, by three suita- ken within ble persons, appointed by and sworn before the court of probate for the faithful discharge of that trust; and after
Adminig the expiration of thirty days from the death of any person tration
intestate, in case the widow or next of kin shall refuse or granted to a creditor neglect to take out letters of administration, being cited in case. before the court of probate for that purpose, in case they
are resident within this State, the said court may commit Not to
administration of any such estate to some one or more of member of the principal creditors, if accepted by them, or upon their court of probate,
refusal, to such others, not being at the time a member or
members of said court, as the court shall think fit; proAdminis
vided that in every case, the person appointed adminis
trator as aforesaid, shall be an inhabitant and resident in shall be in this State: and every administrator, before he or she shall the State. enter upon the execution of that trust, shall give bond to
the court of probate, with sufficient sureties, upon condiShall give tion, among other things, to make and return a true invenbond,
tory of the estate administered on, into the probate office within three months, and to render an account of administration to the court of probate within one year; which
bond shall be in the following form, to wit: 0 Form of Know all men by these presents, that are holden, and stand firmly bounden and obliged, unto
who constitute the present court of probate in the town of
in the county of in the full sum of
dollars, to be paid to the said
or to their successors in said office; to the true payment whereof, we bind ourselves, jointly and severally, firmly by these presents. Sealed with our seals, this The condition of this obligation is such, that if the above bounden
who is appointed administrator on the estate of
deceased, do make or cause to be made a true and perfect inventory of all and singular the goods, chattels, rights and credits of the said deceased, which have or shall come to the hands, possession or knowledge of the said
or unto the hands or possession of any other person for
and the same so made do exhibit upon oath to the court of probate for the said town of within three months from the date hereof; and the same goods, chattels, rights and credits, and all other the goods, chattels, rights and credits of the said time of
death, or which at any time hereafter shall come to the hands and possession of the said
or to the hands and possession of any other person
or persons for do well and truly administer according to law, and further do make or cause to be made a just and true account of
said administration, upon oath, at or before the
day of which will be in the year and all the rest and residue of said goods, chattels, rights and credits, which shall be found remaining upon said administrator's account, the same being examined and allowed by the court of probate for the time being, in the said town of shall deliver and pay to such person or persons as the said court of probate, by their decree pursuant to law, shall limit and appoint; and if it shall hereafter appear, that any last will and testament was made by the said deceased, and the executor or executors therein named do exhibit the same unto the court of probate for the town of in the county of making request to have it allowed and approved accordingly; if the said
being thereunto required, do render and deliver the said letters of administration (approbation of such last will and testament being first had and made) into the said court; then the before written obligation to be void and of none effect, or else to be and remain in full force and virtue. Signed, sealed and delivered
in presence of Sec. 10. And be it further enacted, That executors and ad- Adminisministrators shall be holden to account for the whole of trator how the personal estate of the deceased, except money due, for invenas the same was appraised, unless they shall sell the tory. whole at public auction, or unless the court of probate shall direct a part thereof to be sold at public or private sale, in which case they shall account for the net proceeds of the whole or part so sold: Provided however, That Proviso. the wearing apparel of any person deceased, not exceeding in value the sum of one hundred dollars (except jewels and watches) shall not be considered as assets in the hands of the executor or administrator for the payment of debts; but the same may be bequeathed, or if not bequeathed, shall go to the heirs at law of the deceased.
Sec. 11. And be it further enacted, That if any testator Embleor intestate shall die after the first day of March, all the ments
when to be emblements of his lands, that shall be severed before the assets. thirty-first day of December next following, shall be as