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etc., goT

erned by this

section.

tratrix or administratrices, shall be by him or
her return to the clerk's office of said court with-
in three months; and he shall moreover adjust
and settle up the account within twelve months
from the date of such letters; and the executor
or executrix of any last will or codicil, shall be
governed by the provisions of this section, SO Executors,
far as it relates to the goods and chattels of the
deceased, not otherwise disposed of in said will
or codicil; and the executor or executors, exe-
cutrix or executrices, administrator or adminis-
trators, administratrix or administratrices, on
receiving such letters, shall, by advertisement
inserted and continued for four weeks success-
ively, in one of the public newspapers printed
in this state, notify the creditors of such estate
to exhibit their accounts, legally proven, within

one year.

Executors trators, etc., tice to credhibit their

or adminis

to give no

itors to ex

accounts,

etc.

Administra

Sec. 3. And be it further enacted, That the said judges, when they grant letters of administration, shall cause the administrator or administrators, administratrix or administratrices, to give bond to the court, with two or more sufficient sureties (respect being had to the value of the estate) with the condition in manner and form following, viz: The condition of this obli- Form of the gation is such, that if the within bounden ——— do make or cause to be made, a true inventory of

tors, etc., to

give bond.

condition.

Continued.

all and singular the goods, chattels and credits
of the said deceased, which have or shall come
into his possession or knowledge, or the posses-
sion of any other person for him, and make re-
turn thereof to the clerk of said court, in his
office, within three months from the date there-
of; 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 into his
possession or the possession of any other person
for him, do well and truly administer, accord-
ing to law; and further do make a true and full
account of his administration within twelve
months, 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 approved of
by the court, he shall deliver and pay to such
person or persons respectively, as the said
court, pursuant to the true intent and meaning
of this act shall direct; and if it shall hereafter
appear, that any last will and testament was
made by the said deceased, and the executor or
executors, executrix or executrices therein
named shall prove the same, agreeable to law,
and request letters testamentary thereon, if the
within bounden
on being by the court
required to deliver up the said letters of admin-

istration, then this obligation to be void and of none effect, otherwise to remain in full force and virtue.

administra

sell personal

Proviso, in

Sec 4. And be it further enacted, That the ex- Executors. ecutor or executors, executrix or executrices, tore, etc., to administrator or administrators, administratrix property. or administratrices, shall in all cases sell the personal property not devised or bequeathed, at public vendue, unless otherwise agreed on by the creditors and heirs: Provided always, That the widow may keep such part of the household furniture as she may think proper, at the valuation of the appraisers aforesaid, she securing the payment thereof to the executor or executors, administrator or administrators, or receipting therefor as part of her legacy or dower, as the case may be.

favor of the

widow.

In case of make a re

sales, to

turn to the

clerk's

office.

Sec. 5. And be it further enacted, That the executors or executrices, administrator or administratrices, shall in all cases of sales of the property of the deceased, return a true and accurate statement of the same to the court or clerk's office as aforesaid; and the court shall allow the executors or executrices, adminis- compensatrators or administratrices, six per cent. on the amount of the estate by them settled, and such

tion.

Courts of common pleas, power to call

other charges thereon, as they may deem just and reasonable, to be paid out of the estate.

Sec. 6. And be it further enacted, That the courts of common pleas in the respective counties, are hereby authorized to call executors or tors, etc., to executrices, administrators or administratrices

executors,

administra

account,

etc.

to account for, and touching the property of, the deceased, and upon hearing and due consideration thereof, to order and make just and equal distribution of what remaineth clear (after first allowing and deducting all just funeral and other charges or expenses, and what said court may deem sufficient for one year's support to the widow and children under full age, which may remain with her, as also all just debts) among the legal heirs of the deceased, according to law, and to compel such executor or executors, administrator or administrators, to observe and pay the same, by due course of law, Right of ap saving to every person or persons supposing him or themselves aggrieved, their right of appeal.

peal saved

to persons aggrieved.

Repealing clause.

Sec. 7. And be it further enacted, That all laws and parts of laws, contrary to the provisions of this act, are hereby repealed. This Commence act shall take effect and be in force, from and after the first day of May next.

ment.

ELIAS LANGHAM,

Speaker of the house of representatives.

NATH. MASSIE,

Speaker of the senate.

February 18th, 1804.

CHAPTER XXXVII.

An act, making appropriations for the year one thousand eight hundred and four.

Be it enacted by the general assembly of the state of Ohio, That one thousand dollars shall be appropriated as a contingent fund, subject to the order of the governor, who shall make report of the disbursements thereof, to the next session of the legislature.

That there shall be paid out of the state treasury, on the order or warrant of the auditor of public accounts, to discharge the debts of the state and for the expenditure of the state, for the year one thousand eight hundred and four, not more than the following sums, viz:

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