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as soon as may be. Witness,

president of the court of probate, this

day of And the persons to whom the same warrant may be Division directed shall, before they proceed on the business of how to be their appointment, be sworn to the faithful discharge of made the trust reposed in them; and shall thereupon proceed to appraise the same estate, and shall assign and set off


and re

shall be of the

m, and

in theorieved may apie jucling from supreme


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

the same shall be assigned accordingly: and in all cases where to of division of an estate as aforesaid, the report of the combe made

mittee appointed to make the same shall be made to the corded. 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

equality of such division, and the mode of making thereof; and may 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 interested in Song

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

an aforesaid, the application for the same shall be made and

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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

ay by devise be divided according to the respective rights claimed may be dithereby, in the manner and form hereinbefore prescribed

aforesaid. 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

" of dower. 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 par

"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 issue 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 Admi of any person intestate, administration of such intestate's tration to

whom to estate, both real and personal, shall be granted unto the be 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 shall be taken of all the goods, chattels, rights and cred- to be taits of the deceased, within three months, by three suita

3 months. ble persons, appointed by and sworn before the court of probate for the faithful discharge of that trust; and after




in case.


Adminig- the expiration of thirty days from the death of any person

o 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

before the court of probate for that purpose, in case they are resident within this State, the said court may commit

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

refusal, to such others, not being at the time a member or probate,

members of said court, as the court shall think fit; pro

vided that in every case, the person appointed adminisAdministrator trator as aforesaid, shall be an inhabitant and resident in shall be in this State: and every administrator, before he or she shall habitant of 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: 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, day of

in the year The condition of this obligation is such, that if the above bounden

who is appointed administrator on the estate of

late of the 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

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 in at the 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

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