« ForrigeFortsett »
tratrix or administratrices, shall be by him or her return to the clerk’s Office of said court within 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 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, exeCutrix or executrices, administrator or administrators, administratrix or administratrices, on receiving such letters, shall, by advertisement inserted and continued for four weeks successively, 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.
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 obligation is such, that if the within bounden —— do make or cause to be made, a true inventory of
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 return 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 administration, then this obligation to be void and of none effect, otherwise to remain in full force and virtue.
Sec 4. And be it further enacted, That the executor or executors, executrix or executrices, administrator or administrators, administratrix 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.
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, administrators or administratrices, six per cent. on the amount of the estate by them settled, and such
Executors, administrators, etc., to sell personal property.
Proviso, in favor Of the Widow.
In case of Sales, to make a return to the clerk’s Office.
Right of appeal saved to persons aggrieved.
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 coun. ties, are hereby authorized to call executors or executrices, administrators or administratrices 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 ob. serve and pay the same, by due course of law, saving to every person or persons supposing him or themselves aggrieved, their right of appeal.
Sec. 7. And be it further enacted, That all laws and parts of laws, contrary to the provi. sions of this act, are hereby repealed. This act shall take effect and be in force, from and after the first day of May next.