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error lies af
proceed to try faid Action as if it had or could have been brought there by öppeal. And she whole Cost in said Action (excepting the Coft on the Writ of Error) thall be allowed and taxed in favour of him who shall recover final Judgment.
No writ of Thaç no Writ of Erfor Mail be brought for the reversal of any Judgment, after the Expiration of three Years frain the Time of giving lúch"Judg- ter 3 years. pent.
I has where manifest and material Error fall appear of Record in any Error lies in Judgment or Decree given in a Suit for Relief in Equity, the Party aggrieved equity as at may be relieved by Writ of Error in the fame Manner as in Proceedings ac law, &c. Law.
An A et relating to Escheats and other Estates, belonging to,
and recovered for the Use of the Public Treasury of this
State. BE E it enated by the Governor, Council and Representatives, in General Court Where no
affenbied, and by the Autbority of the same, That where no Heir or Owner owner or cf Hocfes, Lands, Tenements, Goods or Chattels can be found, such Houses, appears
estate belongs Lands, Tenements, Goods and Chattels thall belong to this state, and be se
to this state. cared to the public Treasury thereof. And the judges of the respective Courts of Probate in this state, shall make
Judge of prodes enquiry aftes, and take proper care of ail Eftales within their respective bate to take Districts that have happened or thg! hereafter happen to efcheat as aforesaid, care, &c. and secure the same in the Hands of some Administrator, by chem for that Purpose to be appointed; notice of which'É!cheats and Proceedings thereon, to notify the the Judge thall give to the Treasurer of this State for the Time being : And treasurer. the said Treasurer Mall be, and he is hereby impowered and required to deBand and receive of such Administrator, all cuch“ Eichçats, and him thereof fully to discharge.
And the said Treasurer is fortiter 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 most to the Benefit of this State, of all Escheats, as also of all Lands that are or shall be Treasurer to recovered or any Person or Perfons whatsoever, by Judgment, Execution, Dis, make sales craint or any other Way, for Fines, Forfeitures or Rates, to the public Treafory, where other Provision is not, or shall not be particularly made in such Cases. And the said Sale to make, and confirm by Deed or Deeds in the Name and Behalf, and for the Use and best Advantage of this State : Which Sales so made, shall be good and valid in Law.
And the said Treasurer for the Time being, shall from Year to Year, render his Account to the General Assembly, at their Sessions in Etober, of his 'Pro- and accounts ceedings by virtue of this A& ; and shall be allowed a reasonable Recompence &c. out of the Gains so made, for his Charge and Trouble therein.
Provided nevert beless, That if any Heir or Owner of such Houses, Lands, Tenements, Goods or Chattels, hall appear and make out a just Title thereunto ; Provilo. the fame, or reasonable Satisfaction therefor, hall upon just and reasonable Terms be restored, or given to such Heir or Owner.
An Act for the Settlement of testate and intestate Estates.
aljem bued, and by ibe Authority of the jame,' That the Exccutor or
Executors named by the Teftator of any lạt Will and Testament, or fuch
ocher Person or Persons to whom the administration of the Ettate of Persons Inventories
deceased, shall be committed, calling or taking to him orchem two or more by whom to judicious disinterefted Freeholders, Neighbours and Friends to the deceased; be taken, and in their Presence, and by their Discretion, (being under Oath) hall make
'or cause to be made, a true and perfect Inventory of all the Etate of the Per. fon deceased, as well moveable as not moveable, whatever ; and the fame Mail cause to be indented : Whereof the one Part, by the faid Executor of Executors, Administrator or Administrators, upon his or their Oath or Darbs, to be taken before the Court which hath Power to take Probate of Wills and Testaments, granting Adminiftration and the like, shall be by him or them de livered to the said Court of Probates ; and the other Part to be and remaia with the faid Executor or Executors, Administrator or Administra
That if any Executor or Execotors of the last Will of any Person deccafed, of sl. per
knowing of his or their being so 'named and appointed, fhall not within thirty month, on Days next after the decease of the Teltator, caule fuch Will to be proved and executors secorded in the Register's Office of that Difrict where the decealed Persoa lant who neglect dwelt, or present the said Will, and declare his or their refusal of the Execuof the wills, torship ; 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 such delay) proved after thall forfeit the Sum of five Pounds per Month, from and after the Expiration 30 days are of the said thirty Days, until he or ehey Mall causc Probate of such Will to be expired.
made, or present the same as aforefaid. Persons re
And upon such Refusal of the Executor or Executors, or on his or their Re. fufing to fusal to give Bond with "Cufficient Surety for a faithful Discharge of his or their stand execu. Trust, the Coort of Probate Mall commit Administration of the Efate of the tors, the
deceased, with the Will annexed, unto the Widow or next of Kin to the decea:Court of pro-ed; and upon their Refusal or Incapacity, to one or more of the principal Crę. point admi. ditors, as the Court shall think fit. aistrators.
And if the Executor or Executors of any laft Will and Teftament, brought
for Probate in any of the Courts of Probate in this Statę, shall not within the Penalty of space of cwo Months next after the Probate of such last Will and Tettament month, for
caufe fuch Inventory to be made, as aforesaid, and che fame to be exhibited in not causing the Register's Office of the same Court of Probate where the faid Will was acan inventory cepted and recorded, every Executor fo neglecting his or her Trust in that Be. to be taken, half (without jutt Excuse made to the Judge of the said Court and accepted for
fucb Delay) thall forfeit the Sum of five Pounds per Month, from and after the said two Months are expired, until he or they shall inventory said Eftate, and exhibit said Inventory as aforesaid.
Every such Forfeiture, as well for not causing the Will to be proved, &c. Forfeitures as for not exhibiting an Inventory, as aforesaid, thall be and belong, one Moiety how reco
thereof to the Town Treasury of that Town where the Deceased Taft dwelt, for vered & ime proved.
the use of faid Town, and the other Moiety to him or them who hall inform, or fue for the same, and profecute to foll Effeá : To be recovered by A&tion or In
formation in the County where the Teftator laft dwelt. Ixecutors
And if any Person or Persons shall alienate or embezzel any of the Goods or embezzle
Chattels of any Person deceased, before he or they have taken out Adminiftra. ing any of tion, and exhibited a true Inventory of all the known Efate of the Deceased; taid goods all and every such Person so acting, shall fand chargeable and be liable to the to be fued, Actions of the Credicors, and other Persons grieved, as being Execators in their
And the Court of Probate shall caule a Citation to be made out to the
Widow or next of Kin, capable to execute faid Trust, and upon their Negled Court of pro
bate to cite of Appearance, or Refufal, may commit Adminiftration of fuch Estate to
the widow Come one or more of the chief Creditors, 'if accepted by him or them ; or or next of others, as the said Court thall think fit, upon their Refusal.
kin, &co. And for preventing Fraud in concealing any part of the Efate of any Perfor aceased.
Be it enaid by the Authority aforesaid, That if any Person or Persons in this State, shall have in bis or their Cuftody or Poffeffion, any Goods or Chat. Such as corta tels belonging to the Eftate of any deceased Person, or any Bills, Bonds, Ac. ceal the er. counts, or such other Things as may tend to disclose such Ekate, and upon deceated Demand of the same, made by the Executor or Administracor 'of fuch Eface, person, so be Thall refuse to make Delivery, or to give a satisfying Account thereof to the examined faid Executor of Administrator, it shall be in the Power of the next Afiftant or upon oath. Juftice of the Peace, ppop Complaint thereof made to him by the said Executor or Administrator, toittue a Warrant to fome fie Person, to apprehend fuch Offender, and to bring him or her before fuch Alliftant or Justice of the Peace; To:be som who may bind luch Perfon, with fufficient Sureties to appear before the next mitted upon Court of Probare : And the said Court shall be, and is hereby impowered to refusal to examine loch Offender or Offenders, under his or their Oaths, upon such Intera
swear. rogatories touching such Goods, Chattels; Bille, Bonds, Accounts, and other Things tending to disclose the Estate as aforesaid, as the faid Court shall think meet. And that if therein the Offender or Offenders shall refuse to be examin. ed apon Oath, or to answer fully to every Intorrogatory to such Person or Pere Sons to be administered, or put by said Court of Probate, it halt be lawful for the faid Court to commit every such Offender to the common Gaol, there to remain until fuch Person shall better con form.
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, Eftare made by the Administrator, or Perfons by him appointed, they may or legatees have Relief by Application to the Court of Probate chat granted Adminitra aggrieved tion; which Court is hereby impowered and required, to appoint three good praisement of and lawful Men of the Neighbourhood, and to swear them to make a new Apo che estare, to praifement of fuch Efate, at the true Value and Worth thereof, in common have a new Eftimation, according to the beft of their skill. And the Administrator fhall appraisement be accountable for such Eftare, according to the said. Appraisement thereof. And if he make Payment of Debts or Legacies therewith or with any Part thereof, the Creditors or Legatens fhall have fuch. Eftate at the Value ftated by fach Appraisers.
Provided, faid Application be made to such Court within fax, Months after the Inventory of such Ekate be exhibited into the Regiftry of the said Court ; Provilor and aot after.
Be it furiber enacted by the Awe berity aforesaid, That when any Person dies Inteftate, Administration of such Inteftate's Etate shall be granted to the Wi.. dow, or next of Kin to the Inteftate, or both, or on their Reforal or Incapacity, to fome other Person, as the Court of Probate thall judge fit; And on granting Administra Adminiftration upon the Efates of Inteftates, or others whomsoever, the Court of tion of the Probate granting tuch Administration, shall take fufficient Bond with Sureties, eftates of inof fuch Perfon or Perfons, to whom Adminiftration is granted as aforesaid, for a whom to be faithful Discharge of the Work; which Bond shall be conditioned according to granted. the Form hereafter in this Aa direded : And fuch Bond fall in like Manner be required and taken of the Executor or Executors
of any last Will and Tefla. ment, before they enter on the Business, and of any Executors where the Efate remains ansettled.
And the Court of Probate may, and fall proceed to call such Adminiftrator probate to
Administrators, Executor or call execu
Executors to account for, and, touching the tors, &c. ta
Efate of such deceased Person, whether Thieltate or other. account. And be it firiber enalted by ibe Aus hority aforesaid, that the Courts of Pro.
bate shall, and are hereby fúlly impowered to order, and make a juft Division Distribution
ör Dittribution of all the Estate, both real and personal, of any such In:eftate, to be made that shall remain after deducting all Debts and Charges, whatsoever, payable as follows: out of the same, in Manner following, That is rajay i
One third Part of the personal Efate to the wife of the Intefiate it any be) One third to forever i befides her Dower,or Thirds in the Houses an.. Lands during Life,where the widow, such Wife shall not be otherwise endowed before Marriage : And all the Residue residue equally a
and Remainder of the real and personal Estate by egual Portions to and among mong the
the Children, and fuch as shall legally reprelent them, (if any os them becead) children; eg, other than such Children who shall have any Eftare by Settlement of the Inteftate cept to the in his Life Time, equal to the other Shares : Children advanced by Sottiement eldest son, or Portions not equal to others Shares, to have so much of the Surplosage. as de shall make the Estates of all to be equal ; except the eldest son then furviving,
where there is no Iffue of the first Born, or of any other elder Son ; who shal have tryo Shares or a double Portion of the whole and the same shall be to divided as that the male Heirs shall have their Pates in the seal Estate, so far as the Efate will allow : And where there are no Sons, the Daughters Malf inherit as Co-parceners.
And the Division of the Efate shall be made by three fufficient Freeholders
opon Oath, or any two of them, to be appointed by the said Court of Probates: Divifion to
Unless all the Parties interefted in any Etate, being legally capable to act, be hy free. shallmutually agree upon a Division among themselves, and present the same in holders un. Writing under their Hands and Seals ; in which Casefuch Agreement Mall be: der oath, &c. accepted, and allowed for a Sertlement of such Estates and be accounted good unless, &c. and valid in Law, being acknowledged by the Parties subscribing, before luck
Court of Probate, or before an Anitant or- Justice of the Peace, and put upon :
Provided neveribrids. That where any Estate in Houses and Lands, which cannot be divided among the Children without great Prejudice to, or spoiling of the whole; being fo represented, and made to appear onto the Court of Probate ; the said Court'may order the whole to the eldest Son, if he accept of it; or to any other of the Sons successively (üpon his Refusal) he to whom it shall be
ordered, paying unto the other Children of the Deceased their equal and proProviro.
portionable Parts or Shares of the true Value of such Houses and Lands,, upon
Centum per Annum.
And if any of the Children die before he or she come of Age, and before tion to be to Marriage, or before any legal Disposition thereof and before `Marriage, the the surviving Portion of such Child deceased, shall be equally divided among the surviving children. Children, and their legal Representatives
And in case there be no Children, nor any legal Representatives of them, dren, how
ref. no chil- then one Moiety of the personal Efate shall be allotted to the Wife of the the real dr. Inteftate forever ; and one third of the real Efate for Term of Life : The tate hall de- Residue of the real Efate received by Descent, Gift or Devise from his or feend, &c. her Parent, Ancestor or other Kindred, thall belong equally to the Brethren
and Sisters of the Inteftate, and those who legally represent them, of the Blood
of the blood of the ances
of the Person or Ancestor from whom such Estate came or descended ; and in case there be no such Brothers or Sisters, nor legal Representatives, as aforesaid, then such real Estate derived as aforefaid, shall be and remain to the next of where no Kin, to and of the Blood of faid Ancestor or Person from whom such real bruthers, &c. Erate is derived as aforesaid ; And the Remaiuder both of the real and personal real estate to Eitate, equally to every of the Brethren and Sisters of the Inteftate of the go to the whole Blood, and such as legally represent them; or if there be no such next of kin Kindred, then to the Parent or Parents of the Intestate"; and if there
no Parents, then equally to every of the Brethren and Sisters of the tortrom half Blood of the Inteftate ; but if there be no Parent, 'Brother, or Sister; whoan it was then equally to every of the next of Kin to the Intellate in equal Degree, and derived, &c. those who legally represent them ; Kindred of the whole Blood to take in preference to Kindred of the half Blood in the same Degree: No Represenjatives to be admitted among Collaterals, after Brothers and Sisters Children." And if there be no Wife, all the Ettate shall be divided among the other Kindred in Manner aforesaid.
And every One to whom any Share or Part shall be allotted, Mall give Heirs co Bond with Sureties, before the said Court of Probate, (if Debts afterwards be give bond, made to appear) to refund and pay back to the Administrator, his or her rateable Pare thereof, and of the Administrator's Charges,
And the Widows Thirds or Dower in the real Estate, at the expiration of her Widows Term, shall be allo divided, as aforesaid, if the same then remain undivided.
ed, &c, 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 Distribution of any Intestate Estate, or åt any other Order, Sentence, Decree or Denial that fhall at any Time be made, and given by said Court of Probate, referring to the Approbation and Allowance of any Will, grant of Proviin. Administration, or other Matter, such Person may appeal therefrom to the Superior Court ; provided, they give Security, and enter and prosecute fach Appeals within the Times limited for that Purpose ; as is provided and directed in the Law regulating such Appeals.
Be it further enacted by the Authority aforesaid, 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 Judge of said Court, and take bond. his Succeffors in that Office, with this Condition, viz. THA
HE Condition of this Obligation is such, that if the above bounden A. B.
and fingular the Goods, Chattels, Credits and Eftate of C. D. deceased: Do make, or cause to be made, a třue and perfe&t Inventory of all and singular the Goods, Chattels, Credit and Estate of the faid deceased, which have or shall come to the Hands, Poffeflion or Knowledge of the said A. B. or into the Hands or Possession of any other Person or Persons for him ;
The form. 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 Day of next ensuing : And the same Goods, Chattels, Credits and Eitate of the faid deceased, at the Time of his Death, which at any Time after thall come into the Hands or Poffeffion of the said A. B. or into the Hands or Porsession of any other Person or Persons for him, do well and truly adminifter' according to Law., And further, do make or cause to be made, a and just Account of his said Administration, at or before the Day of and all the rest and residue of the said Goods, Chattels, Credits and Efate which hall be found remaining upon the said Administrator's Account, the same being firft examined and allowed by the said Court of Probate, Thail deliver and pay unto fuch Person or Persons respectively, as the said Court of