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Efcheats. Eftates.

proceed to try faid Action as if it had or could have been brought there by Appeal. And the whole Coft in faid Action (excepting the Coft on the Writ of Error) thall be allowed and taxed in favour of him who fhall recover final Judgment.

No writ of

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That no Writ of Error fhail be brought for the reverfal of any Judgment, error lies af after the Expiration of three Years from the Time of giving fuch Judg- ter 3 years.

ment.

That where manifeft and material Error fhall appear of Record in any Error lies in Judgment or Defree given in a Suit for Relief in Equity, the l'arty aggrieved equity as at may be relieved by Writ of Error in the fame Manner as in Proceedings at law, &c. Law.

An A relating to Efcheats and other Eftates, belonging to, and recovered for the Ufe of the Public Treafury of this State.

BE

E it enacted by the Governor, Council and Representatives, in General Court Where no affembled, and by the Authority of the jame, That where no Heir or Owner owner or of Houfes, Lands, Tenements, Goods or Chattels can be found, fuch Houfes, heir appears Lands, Tenements, Goods and Chattels thall belong to this State, and be fe- to this state. eftate belongs cured to the public Treafury thereof.

And the Judges of the refpective Courts of Probate in this State, fhall make Judge of produe enquiry after, and take proper care of all Eftates within their respective bate to take Districts that have happened or fhall herearter happen to efcheat as aforefaid, care, &c. and fecure the fame in the Hands of fome Adminiftrator, by them for that Purpofe to be appointed; notice of which Etcheats and Proceedings thereon, to notify the the Judge fhall give to the Treafurer of this State for the Time being: And treafurer. the faid Treasurer fhall be, and he is hereby impowered and required to demand and receive of fuch Adminiftrator, all fuch Efcheats, and him thereof

fully to difcharge.

And the faid Treasurer is further impowered and required, to make Sale, either by public Vendue, or by Appraitement made by three judicious Freeholders under Oath, or private Sale, as he thall judge may conduce moft to the Benefit of this State, of all Efcheats, as also of all Lands that are or fhall be Treasurer to recovered of any Perfon or Perfons whatsoever, by Judgment, Execution, Dif, make sale. traint or any other Way, for Fines, Forfeitures or Rates, to the public Treafary, where other Provifion is not, or fhall not be particularly made in fuch Cafes. And the faid Sale to make, and confirm by Deed or Deeds in the Name and Behalf, and for the Ufe and beft Advantage of this State: Which Sales fo made, fhall be good and valid in Law.

And the said Treasurer for the Time being, fhall from Year to Year, render

his Account to the General Assembly, at their Seffions in October, of his Pro- and accounts ceedings by virtue of this Act; and thall be allowed a reasonable Recompence &c. out of the Gains fo made, for his Charge and Trouble therein.

Provided nevertheless, That if any Heir or Owner of fuch Houfes, Lands, Tenements, Goods or Chattels, fhall appear and make out a juft Title thereunto; Provifo. the fame, or reafonable Satisfaction therefor, thall upon juft and reasonable Terms be restored, or given to fuch Heir or Owner.

An Act for the Settlement of teftate and inteftate Estates.

BE

E it enacted by the Governor, Council and Representatives, in General Court afembled, and by the Authority of the jame, That the Exccutor or

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Inventories

be taken.

Eftares.

Executors named by the Teftator of any laft Will and Teftament, or such other Perfon or Perfons to whom the adminiftration of the Eftate of Perfons deceased, fhall be committed, calling or taking to him or them two or more by whom to judicious difinterested Freeholders, Neighbours and Friends to the deceafed and in their Prefence, and by their Difcretion, (being under Oath) fhall make or caufe to be made, a true and perfect Inventory of all the Eftate of the Perfon deceased, as well moveable as not moveable, whatever; and the fame shail cause to be indented: Whereof the one Part, by the faid Executor of Executors, Administrator or Administrators, upon his or their Oath or Oaths, to be taken before the Court which hath Power to take Probate of Wills and Testaments, granting Administration and the like, shall be by him or them delivered to the faid Court of Probates; and the other Part to be and remain with the said Executor or Executors, Administrator or Administra

Penalty of 51. per month, on

executors

tors.

That if any Executor or Executors of the laft Will of any Perfon deceafed, knowing of his or their being fo named and appointed, fhall not within thirty Days next after the decease of the Teftator, caufe fuch Will to be proved and recorded in the Regifter's Office of that Diftrict where the deceased Perfon last who neglect dwelt, or prefent the faid Will, and declare his or their refufal of the Execuexhibiting of the wills, torfhip; every Executor fo neglecting his or her Trust and Duty in that behalf &c. to be (without juft Excufe made and accepted by the Judge of Probate for fuch delay) proved after thall forfeit the Sum of five Pounds per Month, from and after the Expiration 30 days are of the faid thirty Days, until he or they fhall caufe Probate of fuch Wish to bę expired. made, or present the fame as aforefaid.

Perfons refufing to

And fuch Refufal of the Executor or Executors, or on his or their Reupon fufal to give Bond with fufficient Surety for a faithful Difcharge of his or their ftand execu- Truft, the Court of Probate fhall commit Administration of the Eftate of the tors, the deceased, with the Will annexed, unto the Widow or next of Kin to the deceafcourt of pro- ed; and upon their Refufal or Incapacity, to one or more of the principal Crepoint admi- ditors, as the Court fhall think fit.

bate to ap

niftrators.

And if the Executor or Executors of any laft Will and Teftament, brought for Probate in any of the Courts of Probate in this State, fhall not within the Penalty of space of two Months next after the Probate of fuch lat Will and Teftament, 51. per caufe fuch Inventory to be made, as aforesaid, and the fame to be exhibited in month, for not causing the Register's Office of the fame Court of Probate where the faid Will was acan inventory cepted and recorded, every Executor fo neglecting his or her Truft in that Beto be taken, half (without juft Excufe made to the Judge of the faid Court and accepted for fuch Delay) shall forfeit the Sum of five Pounds per Month, from and after the faid two Months are expired, until he or they fhal! inventory faid Eftate, and exhibit faid Inventory as aforefaid.

&C.

How reco

Every fuch Forfeiture, as well for not caufing the Will to be proved, &c. Forfeitures as for not exhibiting an Inventory, as aforefaid, fhall be and belong, one Moiety thereof to the Town Treasury of that Town where the Deceafed laft dwelt, for the use of faid Town, and the other Moiety to him or them who shall inform, or fue for the fame, and profecute to fall Effect: To be recovered by Action or Information in the County where the Teftator laft dwelt.

vered & ime

proved.

Executors embezzle

ing any of faid goods

&c.

And if any Perfon or Perfons fhall alienate or embezzel any of the Goods or Chattels of any Perfon deceased, before he or they have taken out Adminiftration, and exhibited a true Inventory of all the known Eftate of the Deceased; all and every fuch Perfon fo acting, shall stand chargeable and be liable to the Actions of the Creditors, and other Perfons grieved, as being Executors in their own wrong.

And the Court of Probate fhall caule a Citation to be made out to the

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Widow or next of Kin, capable to execute faid Truft, and upon their Neglect Court of pro of Appearance, or Refufal, may commit Adminiftration of fuch Eftate to fome one or more of the chief Creditors, if accepted by him or them ; others, as the faid Court fhall think fit, upon their Refusal.

or

And for preventing Fraud in concealing ang Part of the Eftate of any Person deceased.

bate to cite the widow or next of kin, &e.

Be it enacted by the Authority aforefaid, That if any Perfon or Perfons in this State, fhall have in his or their Cuftody or Poffeffion, any Goods or Chat- Such as contels belonging to the Eftate of any deceased Perfon, or any Bills, Bonds, Ac- ceal the ef tate of any counts, or fuch other Things as may tend to difclofe fuch Eftate, and upon deceafed Demand of the fame, made by the Executor or Adminiftrator of fuch Eftate, person, to be shall refufe to make Delivery, or to give a fatisfying Account thereof to the examined faid Executor or Adminiftrator, it fhall be in the Power of the next Assistant or upon oath. Juffice of the Peace, ppon Complaint thereof made to him by the faid Executor or Adminiftrator, to illue a Warrant to fome fit Perfon, to apprehend fuch Offender, and to bring him or her before fuch Affiftant or Juftice of the Peace; To be com who may bind fuch Perfon, with fufficient Sureties to appear before the next mitted upon Court of Probate: And the faid Court fhall be, and is hereby impowered to refufal to examine fuch Offender or Offenders, under his or their Oaths, upon such Interrogatories touching fuch Goods, Chattels, Bille, Bonds, Accounts, and other Things tending to disclose the Estate as aforefaid, as the faid Court fhall think meet. And that if therein the Offender or Offenders shall refuse to be examined upon Oath, or to answer fully to every Intorrogatory to fuch Perfon or Per fons to be adminiftered, or put by faid Court of Probate, it shalt be lawful for the faid Court to commit every fuch Offender to the common Gaol, there to remain until such Person shall better conform

fwear.

by the Ap

And be it further enacted by the Authority aforefaid, That if any of the Creditors or Legatees of the Deceased are grieved by the Appraisement of the Creditors, Eftate made by the Adminiftrator, or Perlons by him appointed, they may or legatees have Relief by Application to the Court of Probate that granted Adminiftra- aggrieved tion; which Court is hereby impowered and required, to appoint three good praisement of and lawful Men of the Neighbourhood, and to fwear them to make a new Ap- the eftate, to praifement of fuch Eftate, at the true Value and Worth thereof, in common have a new Eftimation, according to the best of their Skill. And the Adminiftrator fhall appraisement be accountable for fuch Eftate, according to the faid Appraisement thereof. And if he make Payment of Debts or Legacies therewith, or with any Part thereof, the Creditors or Legatees fhall have fuch. Eftate at the Value ftated by fuch Appraisers.

Provided, faid Application be made to fuch Court within fix Months after the Inventory of fuch Eftate be exhibited into the Registry of the faid. Court; Provifor and not after.

eftates of in

Be it further enacted by the Authority aforesaid, That when any Perfon dies Inteftate, Administration of fuch Inteftate's Eftate fhall be granted to the Widow, or next of Kin to the Inteftate, or both, or on their Refufal or Incapacity, to fome other Perfon, as the Court of Probate fhall judge fit: And on granting Administra Adminiftration upon the Eftates of Inteftates, or others whomfoever,the Court of tion of the Probate granting fuch Administration, shall take fufficient Bond with Sureties, cefaces, in of fuch Perfon or Perfons, to whom Administration is granted as aforefaid, for a whom to be faithful Difcharge of the Work; which Bond fhall be conditioned according to granted. the Form hereafter in this A&t directed: And fuch Bond shall in like Manner be required and taken of the Executor or Executors of any last Will and Tefta ment, before they enter on the Business, and of any Executors where the Estate remains unsettled.

54

Court of probate to call execu

tors, &c. to account.

Diftribution

to be made as follows:

One third to

the widow,

refidue equally among the children, ex

cept to the

eldest fon, &c. a dou

ble portion.

Divifion to

be by free

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Estates.

And the Court of Probate may, and fhall proceed to call fuch Adminiftrator or Administrators, Executor or Executors to account for, and touching the Etate of fuch deceafed Perfon, whether, Ihteltate or other.

And be it further enacted by the Authority aforefaid, That the Courts of Probate fhall, and are hereby fully impowered to order, and make a juft Divifion or Diftribution of all the Eftate, both real and perfonal, of any fuch Inteftate, that shall remain after deducting all Debts and Charges, whatsoever, payable out of the fame, in Manner following, That is tafay

One third Part of the perfonal Eftate to the Wife of the Inteftate (if any be). forever : befides her Dower,or Thirds in the Houses an Lands during Life where fuch Wife fhall not be otherwife endowed before Marriage: And all the Refidue and Remainder of the real and perfonal Eftate by equal Portions to and among the Children, and fuch as fhall legally reprefent them, if any of them be dead) other than fuch Children who fhall have any Eftare by Settlement of the Inteftate in his Life Time, equal to the other Shares: Children advanced by Settlement or Portions not equal to others Shares, to have fo much of the Surplufage as shall make the Estates of all to be equal; except the eldest Son then furviving, where there is no Ifflue of the firft Born, or of any other elder Son; who fhall have two Shares or a double Portion of the whole and the fame fhall be fo divided as that the male Heirs fhall have their Parts in the real Eftate, fo far as the Eftate will allow : And where there are no Sons, the Daughters half inherit as Co-parceners.

And the Divifion of the Eftate thall be made by three fufficient Freeholders npon Oath, or any two of them, to be appointed by the faid Court of Probates: Uniefs all the Parties interested in any Eftate, being legally capable to act, fhall mutually agree upon à Divifion among themselves, and prefent the fame in Writing under their Hands and Seals; in which Cafe fuch Agreement shall be: der oath, &c. accepted, and allowed for a Settlement of fuch Eftate; and be accounted good and valid in Law, being acknowledged by the Parties fubferibing, before fuch Court of Probate, or before an Affiftant or Juftice of the Peace, and put upon Record, in the Records of faid Court.

holders un

unlefs, &c.

Provifo.

If child die,

tion to be to

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Provided nevertheless. That where any Eftaté in Houses and Lands, which cannot be divided among the Children without great Prejudice to, or spoiling of the whole; being fo reprefented, and made to appear unto the Court of Probate; the faid Court may order the whole to the eldeft Son, if he accept of it; or to any other of the Sons fucceffively (upon his Refusal) he to whom it shall be ordered, paying unto the other Children of the Deceafed their equal and pro portionable Parts or Shares of the true Value of fuch Houfes and Lands, upon a juft Appraisement thereof, to be made by three fufficient Freeholders: úpon Oath; to be appointed and fworn, as aforefaid; or giving good Security to pay the fame in fome convenient Time, as the faid Court of Probate halllimit; making reasonable Allowances in the Interim, not exceeding fix per Centum per Annum .

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And if any of the Children die before he or the come of Age, and Before in hos por Marriage, or before any legal Difpofition thereof and before Marriage, the the furviving Portion of fuch Child deceased, shall be equally divided among the furviving Children, and their legal Reprefentatives.

children.

If no chil

dren, how the real ef

And in cafe there be no Children, nor any legal Reprefentatives of them, then one Moiety of the personal Estate fhall be allotted to the Wife of the Inteftate forever ; and one third of the real Eftate for Term of Life: The tate fhall de- Refidue of the real Estate received by Defcent, Gift or Devife from his or fcend, &c. her Parent, Ancestor or other Kindred, fhall belong equally to the Brethren and Sisters of the Inteftate, and thofe who legally reprefent them, of the Blood

Eftates.

Where no

55

of the blood

of the Perfon or Ancestor from whom fuch Eftate came or defcended; and in cafe there be no fuch Brothers or Sifters, nor legal Reprefentatives, as aforefaid, then fuch real Eftate derived as aforefaid, fhall be and remain to the next of Kin, to and of the Blood of faid Ancestor or Perfon from whom fuch real brothers, &c. Estate is derived as aforefaid: And the Remainder both of the real and perfonal real estate to Eftate, equally to every of the Brethren and Sifters of the Inteftate of the go to the whole Blood, and fuch as legally reprefent them; or if there be no fuch next of kin Kindred, then to the Parent or Parents of the Inteftate; and if there of the ancefbe no Parents, then equally to every of the Brethren and Sifters of the tor from half Blood of the Inteftate; but if there be no Parent, Brother or Sifter, whom it was then equally to every of the next of Kin to the Inteflate in equal Degree, and derived, &c. thofe who legally reprefent them; Kindred of the whole Blood to take in preference to Kindred of the half Blood in the fame Degree: No Representatives to be admitted among Collaterals, after Brothers and Sifters Children. And if there be no Wife, all the Eftate fhall be divided among the other Kindred in Manner aforesaid.

And every one to whom any Share or Part fhall be allotted, fhall give Hairs to Bond with Sureties, before the faid Court of Probate, (if Debts afterwards be give bond, made to appear) to refund and pay back to the Administrator, his or her rateable &c. Part thereof, and of the Administrator's Charges.

dower divid

ed, &c,

And the Widows Thirds or Dower in the real Estate, at the expiration of her Widows Term, fhall be alfo divided, as aforefaid, if the fame then remain undivided. Always provided, and it is hereby enacted, That if any Perfon be "aggrieved at any Order, Sentence, or Decree of any Court of Probate, made for the Settlement and Diftribution of any Inteftate Eftate, or at any other Order, Sentence, Decree or Denial that fhall at any Time be made, and given by faid Court of Probate, referring to the Approbation and Allowance of any Will, grant of Provio. Administration, or other Matter, fuch Perfon may appeal therefrom to the Superior Court; provided, they give Security, and enter and profecute fach Appeals within the Times limited for that Purpofe; as is provided and directed in the Law regulating fuch Appeals.

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Be it further enacted by the Authority aforefaid, That every Court of Probate, upon granting Administration upon the Eftate of any deceased Perion, shall Court to take Bond with fufficient Surety or Sureties, to the fudge of faid Court, and take bond. his Succeffors in that Office, with this Condition, viz. der

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HE Condition of this Obligation is fuch, that if the above bounden A. B. Administrator of all and angular the Goods, Chattels, Credits and Eftate of C. D. deceased: Do make, or cause to be made, a true and perfect Inventory of all and fingular the Goods, Chattels, Credit and Eftate of the faid deceased, which have or fhall come to the Hands, Poffeffion or Knowledge of the faid A. B. or into the Hands or Poffeffion of any other Perfon or Perfons for him; and the same so made do exhibit, or cause to be exhibited into the Regitry of the.. Court of Probate in the District of at or before the Dav of next enfuing: And the fame Goods, Chattels, Credits and Efate of the faid deceased, at the Time of his Death, which at any Time after thall come into the Hands or Poffeffion of the faid A. B. or into the Hands or Poffeffion of any other Perfon or Perfons for him, do well and truly adminifter according to Law. And further, do make or caufe to be made, a true and juft Account of his faid Adminiftration, at or before the Day of

and all the reft and refidue of the faid Goods, Chattels, Credits and Estate which fhall be found remaining upon the faid Adminiftrator's Account; the fame being firft examined and allowed by the faid Court of Probate, fhall deliver and pay unto fuch Perfon or Perfons refpectively, as the faid Court of

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The form.

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