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Effect of a
will, being produced.
Court may compel the production of a will.
vernor or person au
such deceased to any other person, as the said court, in their discretion, shall think fit.
VII. Provided always, That if any will shall afterwards be exhibited, and a probat thereupon be desired, or if any of the deceased's kindred (not having before refused) shall appear and pray administration upon his or her estate; in such case, certificate for obtaining a probat of the will, or an administration of the estate, shall be granted to such person or person's as shall lawfully desire the same, in like manner, as if any other administration had never been granted.
VIII. Provided also, That nothing herein beforementioned shall be construed to disable any court from summoning any person or persons whatsoever, having the will of the person deceased in his, her, or their custody or possession, to exhibit the same to the court, in order to a legal probation thereof; but that any person or persons may be compelled, by summons, or other lawful process, as the court shall think fit, to produce such will, being in his, her, or their possession, for the just and legal proceedings to be had thereupon; any thing herein, or in any other act, or any law, custom, or usage to the contrary hereof, in any wise notwithstanding.
IX. And all probats, commissions of administration, of adminis- and of administrations cum testamento annexo, as the tration to be several cases shall require, issued upon certificate grantsigned by go- ed according to this act, signed by the governor, or commander in chief of this colony, for the time being, and sealed with the seal of the colony, or signed by such other person or persons, being one or more of the magistrates in commission of the peace, and authorized by commission for granting probats from the governor, or commander in chief of this her Majesty's colony and dominion, for the time being, and sealed with the seal of the court where the same shall be granted, (which seal the court is hereby impowered and required, at the charge of the county, to provide,) shall be, and are hereby enacted and declared to be, to all intents and purposes, good and effectual in law, to impower and enable the executors and administrators therein named, to possess themselves of the estates of their testators or intestates, and to act and do all other matters and things, by virtue thereof, as any executor or administrator may
or might lawfully do, by any ways or means whatso
X. And be it further enacted, That before any person Executors or persons shall obtain a probat of any will or a com trators to mission of administration of any estate shall be grant- take an oath. ed to any person or persons, so as such administrator or administrators shall be thereby legally qualified to act, the said executors or administrators, and every of them respectively, as the case shall require, shall take the following oaths, to wit:
THE OATH OF AN EXECUTOR.
YOU shall swear, That this writing contains the true last will of the within named A. B. deceased, as far as you know or believe; and that you will well and truly perform the same, by paying first his debts, and then the legacies contained in the said will, as far as his goods, chattels, and credits, will thereunto extend, and the law charge you; and that you will make a true and perfect inventory of all the said goods, chattels, and credits. So help you God.
THE OATH OF AN ADMINISTRATOR.
Oath of exe.
OU shall swear. That A. B. deceased, died with- Oath of ad
that you will well and truly administer all and singular the goods, chattels, and credits, of the said deceased, and pay his debts, as far as his goods, chattels, and credits, will thereunto extend, and the law require you; and that you will make a truc and perfect inventory of all the said goods, chattels, and credits, as also a just account, when thereunto required. So help you God.
XI. And for the better securing the estates of persons deceased, or which shall hereafter depart this life.
to be taken.
XII. Be it enacted, That where the court shall have ground to suspect, either from their own knowledge, Bond and seor the suggestions of the creditors or legatees of any curity, when person deceased, that the executor or executors of the testator will indirectly and fraudulently administer the estate to the prejudice of the creditors or legatees therein concerned; and also wherein any administrations are to be obtained, as aforesaid, there shall not be grantC-Vol. 4.
ed to any such executor or executors so suspected, a certificate for obtaining the probat of any will, or a commission of administration of any estate, to any person or persons whatsoever, until such executor or executors, person or persons, shall have given such sufficient security, either of the inhabitants of that county, or any other, as the court shall approve (respect being had to the value of the estate) for his, her, or their faithful and true administration of such estates; which security shall be bound to the justices of the court, and to their successors, in a bond, with one of the following conditions, to wit:
The Condition of the Bond to be given by Executors and
HE condition of this obligation is such, That if the above bound A. B. executor of the last will adm'rs. with and testament of C. D. deceased, [or administrator, the will an- with the will annexed, of all the goods, chattels, and credits of C. D. deceased,] do make, or cause to be made, a true and perfect inventory of all and singular the goods, chattels, and credits, of the said deceased, which have or shall come to the hands, possession, or knowledge of him the said A. B. or into the hands or possession of any other person or persons for him, and the same so made, do exhibit, or cause to be exhibited, into the county court of N. at such time as he shall be thereto required by the said court; and the same goods, chattels, and credits, and all other the goods, chattels, and credits, of the said deceased at the time of his death, which at any time after shall come to the hands or possession of the said A. B. or into the hands or possession of any other person or persons for him, do well and truly administer, according to law; and further, do make a just and true account of his actings and doings therein, when thereto required by the said court; and also do well and truly pay and deliver all the legacies contained and specified in the said testament, as far as the said goods, chattels, and credits, will thereunto extend, according to the value thereof, and the law shall charge him: then this obligation to be void and of none effect, otherwise to remain in full force and virtue.
The Condition of the Bond to be given by Adminis
HE condition of this obligation is such, That if the above bound A. B. administrator of all the of admr's goods, chattels and credits, of C. D. deceased, do make, bond. or cause to be made, a true and perfect inventory of all and singular the goods, chattles, and credits, of the said deceased, which have or shall come to the hands, possession, or knowledge of him the said A. B. or into the hands or possession of any other person or persons for him; and the same so made, do exhibit, or cause to be exhibited, into the county court of N. at such time as he shall be thereto required by the said court, and the same goods, chattels, and credits, and all other the goods, chattels, and credits, of the said deceased, at the time of his death, which at any time after shall come to the hands or possession of the said A. B. or into the hands or possession of any other person or persons for him, do well and truly administer, according to law; and further, do make a just and true account of his actings and doings therein, when thereto required by the said court: and all the rest and residue of the said goods, chattels, and credits, which shall be found remaining upon the said administrator's account, the same being first examined and allowed by the justices of the court, for the time being, shall deliver and pay unto such person or persons respectively, as the said justices by their order or judgment shall direct, pursuant to the laws in that case made and provided. And if it shall hereafter appear, that any last will and testament was made by the said deceased, and the execu tor or executors therein named do exhibit the same in the said court, inaking request to have it allowed and approved accordingly, if the said A. B. being thereunto required, do render and deliver up his letters of administration, approbation of such testament being first had and made in the said court; then this obligation to be void, and of none effect; otherwise to remain in full force and virtue.
XIII. And it is hereby enacted and declared, That the Bonds paya said bonds shall be good and valid, to all intents and ble to justi purposes, therein mentioned; and that in the name of ces. the justices, to whom such bond shall be made paiable, and of their successors, the same may and shall be
prosecuted against the parties therein bound, and every of them, at the costs and charges in the law of the party How prose injured: And that the said bonds or any of them, shall not become void upon the first recovery had upon them; but if any person shall thereafter, find him or herself aggrieved by the misbehaviour of the executor or executors, administrator or administrators, therein named, then he or she so aggrieved, may commence suit, as aforesaid, upon such bond, and shall recover, as if no process had theretofore issued upon such bond; and so process upon such bonds may issue, and judgment thereupon shall be given, toties quoties, until the will of the testator therein mentioned be fulfilled, (as far as lies in the executors to fulfil the same,) or the administration of the estate therein mentioned, be justly and truly performed and compleated, or else that one or more judgment or judgments shall be given for the full sum expressed for the penalty in the said bond; which said bond may be put in suit in the county court, before which the same was entred into; any law, custom, or usage to the contrary thereof, in any wise, notwithstanding.
Executor failing to
XIV. And if any person or persons nominated and appointed to be the executor or executors of any person give securi deceased, shall make legal proof of such deceased pertration with son's last will and testament, and upon the court's susthe will an- pecting such executor or executors of indirect or fraunexed may dulent administration and management of the testator's be granted. estate, either for reasons suggested to them by the creditors or legatees therein concerned, or upon their knowledge; and thereupon the said executor or executors being ordered by the court to give security, and failing, either at the time of such proof made, or within two months after, to give such bond and security, as is before directed, for his, her, or their true and faithful administration of the estate of such person deceased, according to his or her will; such failure shall be construed, deemed, and taken in law, to be a refusal to accept the executorship, and administration cum testamento annexo, shall or may be granted in the manner herein before directed, to such next of kin to the deceased, as should otherwise have administration, in case no such will had been made; any law, custom, or usage to the contrary hereof, in any wise, notwithstanding.