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wife's estate.

sets in the hands of executor or administrator'; but all such emblements growing on the lands on the day last mentioned, or at the time of the death of the testator or intestate, if that event happen after the thirty-first day of December, and before the first day of March, shall pass with the land to the heir, devisee, tenant in reversion or remain

der. Adminis- Sec. 12. And be it further enacted, That when two or trator may more shall have letters of administration granted them of sue his coadminis

any intestate estate, and any one or more of them shall take all or the greatest part of such estate into his or their hands, and refuse to pay the debts or funeral charges of such intestate, or refuse to account with the other administrator, then and in such case it shall and may be lawful for such aggrieved administrator to bring his action of account against the other administrator or administrators, and recover his proportionable share of such in

testate estate. Husband Sec. 13. And be it further enacted, That the husband shall to admin- be entitled to the administration of his wife's personal esister on

tate, and shall not be compelled to distribute the same amongst her next of kin, but shall have and retain the surplus thereof, after payment of her debts, to his own use, any thing in this act to the contrary notwithstand

ing. Adminis

& Sec. 14. And be it further enacted, That if any person tration on shall be absent from this State for the term of three years, estate of Ser. without due proof of his being alive, the last will and tes

tament of such person may be proved, and administration

may be granted on such person's estate as if he were natProviso. urally dead: Provided nevertheless, That if such person

shall afterwards return to this State, or shall constitute an agent or attorney to act in his behalf, the person or persons who shall have acted as executor or administrator as aforesaid, shall be accountable for, and shall deliver to such person, or his lawful agent or attorney, all the estate of every kind which shall then be in such person or persons' hands, as executor or administrator as aforesaid, after deducting such sum or sums as the court of probate shall allow in the settlement of such person or persons' account, for any payments or disbursements which they may have legally made in his or their said capacity, or which said court of probate may think rcasonable to allow for his or their personal trouble in executing the trusts



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of their respective appointments as executor or executors, administrator or administrators, as aforesaid.

Sec. 15. And be it further enacted, That in case of the Party dydeath of any party, either the appellant or appellee, be- un

utor, &c. fore the sitting of the court appealed to, or where any ac- may prostion or suit is commenced, or shall be pending, either in ecute the court of common pleas or in the supreme judicial court, in any county, and it shall so happen that either party shall die before final judgment, the executor or administrator of such deceased party, in case the cause of action doth survive, shall have full power to prosecute or defend any such action or suit from court to court, until final judgment, and are hereby obliged to prosecute or defend the same accordingly: and the justices of the same Judgment courts respectively, before whom such causes are com- in sus

case how to menced, or may be pending, are hereby empowered and be entered. directed to hear and determine the same, proceed to judgment, and award execution accordingly: and if any executor or administrator shall neglect to appear and take upon himself the prosecution or defence of any action or suit as aforesaid, being duly notified thereof, by order of the court where the same shall be pending; or if having appeared, and become a party thereto, judgment shall pass against such executor or administrator, the said courts are hereby respectively authorized and empowered to enter up judgment against the estate of the deceased, in the hands of such executor or administrator, and the like process shall be had thereon as if the action had been originally commenced against them in their said capacity.

Sec. 16. And be it further enacted, That all writs of at- Writs, &c. tachment and executions, shall run against the goods,chat-8.e

tors, &c. tels, rights and credits of the person deceased, only, in the how to ishands of the executor or administrator, and not against sue. his body; nor shall any executor or administrator be hold- i

Not holden to special bail, upon mesne process, nor his own prop- en to bail, er goods or estate be attached, or his person be arrested &c. or taken in execution, for the debts or legacies of the testator or intestate, but upon suggestion of waste, founded Unless on

w suggestion on a return made by the sheriff, on an execution issued of against the estate of the testator or intestate as aforesaid, that he could not find any such estate whereon to levy such execution; in which case a writ of scire facias shall Scire fabe issued out of the clerk's office of the same court, against cias such executor or administrator, which writ being duly




served by the officer to whom it shall be directed, by reading the same to such executor or administrator, or by leaying an attested copy thereof at his last and usual place of abode, and returned, if the executor or administrator make default of appearance, or coming in shall not shew sufficient cause to the contrary, execution shall be awarded against him, of his own proper estate, for the sum recovered; and for want of estate, against the body of such

executor or administrator, as for his own proper debt. No action a Sec. 17. And be it further enacted, That no action shall

inst ex- be brought against any executor or administrator in his ecutor within one said capacity, within one year after the will shall be prov

ed, or administration granted, except for medicines and attendance in the last sickness, and funeral charges of the deceased; nor shall any action be brought against any

executor or administrator in his said capacity, unless the Nor after three

same shall be commenced within three years next after years. the will shall be proved, or administration shall be grant

ed; provided such executor or administrator shall give notice of his appointment, by publishing the same in some public newspaper, in the State nearest to where the deceased person last dwelt, and in such other manner as the court of probate shall direct.

Bits Executors Sec. 17. And be it further enacted, That executors and &c. may administrators shall have a right to bring actions of the tions of case, of trespass and trover, in all cases except for injutrespass, ries to the person or reputation, in which the testator or

intestate might bring the same if in full life, and shall re

cover judgment accordingly. Adminis- Sec. 19. sind be it further enacted, That when any judgtrator de ment shall be had, by or in the name of any executor or bonis non.

administrator, in such case an administrator de bonis non . may sue out a writ of scire facias, and take execution upon such judgment.

e Court of Sec. 20. And be it further enacted, That the courts of proprobate nay ex bate shall have power to call before them and examine amine per- upon oath, any person suspected and complained of, by pected of any executor, administrator, heir, creditor, legatee or embez other person having lawful right or claim to the estate of zling estate.

any person deceased, to have concealed, embezzled or

conveyed away any of the personal estate left by the tesOn refusal tator or intestate, for the discovery of the same: and if to answer, the person suspected and complained of as aforesaid may commit.

shall refuse to be examined, or to answer interrogatories upon oath respecting the estate which he or she may be


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