examine fuch Offender or Offenders, under his or their Oaths, up- To be cemon fuch Interrogatories touching fuch Goods, Chattels, Bills, mitted upon Bonds, Accounts, and other Things tending to difclofe the Eftate refufal to fwear. aforefaid, as the faid Court fhall think meet. And that if therein the Offender or Offenders fhall refuse to be examined upon Oath, or to answer fully to every Interrogatory to fuch Perfon or Perfons to be administered, or put by faid Court of Probates, it fhall be lawful for the faid Court to commit every such Offender to the common Gaol, there to remain until fuch Perfon fhall better conform. 9. Be it further enacted, That if any of the Creditors or Legatees of the Deccafed are grieved by the Appraisement of the Eftate Creditors, or made by the Administrator, or Perfons by him appointed, they legatees ag-. may have Relief by Application to the Court of Probates that grieved by the appraisement granted Administration; which Court is hereby empowered and of the estate, required, to appoint three good and lawful Men of the Neigh- to have a new bourhood, and to fwear them to make a new Appraisement of fuch appraisement. Eftate, at the true Value and Worth thereof, in common Eftimation according to the best of their Skill. And the Adminiftrator fhall 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 Regiftry of the faid Court; and not after, re Provifo. eftates of in 19. Be it further enacted, That when any Perfon dies Inteftate, Administration of fuch Inteftate's Eftate fhall be granted to the Administra Widow, or next of Kin to the Inteftate, or both, or on their tion of the fufal or Incapacity, to fome other Perfon, as the Court of Probate teftates, to fhall judge fit: And on granting Administration upon the Eftates whom to be of Inteftates, or others whomfoever, the Court of Probate grant- granted. ing fuch Adminiftration, fhall take fufficient Bond with Sureties, of fuch Perfon or Perfons, to whom Adminiftration is granted as aforefaid, for a faithful Difcharge of the Work; which Bond fhall be conditioned according to the Form hereafter in this Act directed: And such Bond shall in like Manner be required and taken of the Executor or Executors of any laft Will and Teftament, before they enter on the Bufinefs, and of any Executors where the Eftate remains unfettled. 11. And the Court of Probates may, and fhall proceed to call Court of profuch Adminiftrator or Adminiflrators, Executor or Executors to bates to call account for and touching the Eftate of fuch deceased Perfon, executors, &c. whether inteftate or other. to account. 12. And be it further enacted, That the Courts of Probate fhall, and are hereby fully empowered to order, and make a juft Divif- Distribution ion or Diftribution of all the Estate, both real and perfonal, of any to be made aş fuch Inteftate, that shall remain after deducting all Debts and follows: Charges whatsoever, payable out of the fame, in Manner follow. ing, That is to fay; 166 One third to the widow, refidue equal ly among the children, except to the a double portion. any Estates. One third Part of the perfonal Estate to the Wife of the Inteftate (if any be) for ever; befides her Dower, or Thirds in the Houfes and Lands during Life, where fuch Wife shall not be otherwise endowed before Marriage: And all the Refidue and Remainder of the real and perfonal Eftate by equal Portions, to and eldeft fon, &c. among the Children, and fuch as fhall legally represent them, (if of them be dead) other than fuch Children who fhall have any Eftate by Settlement of the Inteftate in his Life Time, equal to the others Shares: Children advanced by fettlement or Portion. not equal to others Shares, to have fo much of the Surplufage as fhall 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 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 Estate, so far as the Estate will allow: And where there are no Sons, the Daughters fhall inherit as Co-parceners. 170 Divifion to be by freeholders under oath, &c. unless, &c. Provifo. If child die, &c. his por tion to be to the furviving children. how the real eftate fhall 13. And the Divifion of the Eftate fhall be made by three fufficient Freeholders, upon Oath, or any two of them, to be appointed by the faid Court of Probates: Unlefs all the Parties interested in any Eftate, being legally capable to act, fhall mutually agree upon a Divifion among themselves, and prefent the fame in Writing under their Hands and Seals; in which Cafe fuch Agreement fhall be accepted, and allowed for a Settlement of fuch Eftate; and be accounted good and valid in Law, being acknowledged by the Parties fubfcribing, before fuch Court of Probates, or before an Affiftant or Juftice of the Peace, and put upon Record, in the Records of faid Court. 14. Provided nevertheless, That where any Eftate 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 Probates; the faid Court may order the Whole to the eldest Son, if he accept of it; or to any other of the Sons fucceffively (upon his Refufal) he to whom it fhall be ordered, paying unto the other Children of the De-. ceafed their equal and proportionable Parts or fhares of the true. Value of fuch Houfes and Lands, upon a juft Appraisement thereof, to be made by three fufficient Freeholders upon 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 fhall limit; making reasonable Allowances in the Interim,. not exceeding fix per Centum per Annum. 15. And if any of the Children die before he or fhe come of Age, and before Marriage, or before any legal Difpofition thereof and before Marriage, the Portion of fuch Child deceased, fhall be equally divided among the furviving Children, and their legal Reprefentatives. 16. And in Cafe there be no Children, nor any legal RepreIf no children fentatives of them, then one Moiety of the perfonal Eftate fhall be allotted to the Wife of the Inteftate forever; and one Third of the real Estate for Term of Life: The Refidue of the real Eftato received by Defcent, Gift or Devife from his or her Parent, Ancef defcend, &c. 639. Where no ancestor from tor or other Kindred, fhall belong equally to the Brethren and Sifters of the Inteftate, and those who legally reprefent them, of the Blood of the Person or Ancefter from whom fuch Eftate came brothers, &c. or defcended; and in Cafe there be no fuch Brothers or Sifters, real estate to nor legal Reprefentatives, as aforefaid, then such real Eftate de- go to the next rived as aforefaid, fhall be and remain to the next of Kin, to and of kin of the of the Blood of faid Ancestor or Perfon from whom fuch real blood of the Estate is derived as aforefaid: And the remainder, both of the whom it was real and perfonal Eftate, equally to every of the Brethren and derived, &c. Sifters of the Inteftate of the whole Blood, and fuch as legally represent them; or if there be no fuch Kindred, then to the Parent or Parents of the Inteftate; and if there be no Parents, then equally to every of the Brethren and Sifters of the half Blood of the Inteftate; but if there be no Parent, Brother or Sifter, then equally to every of the next of Kin to the Inteftate in equal Degree, and thofe who legally represent them; Kindred of the whole Blood to take in preference to kindred of the half Blood in the fame Degree: No Reprefentatives to be admitted among Collaterals, after Brothers and Sifters Children. And if there be no Wife, all the Estate shall be divided among the other Kindred in Manner aforelaid. 17. And every One to whom any Share or Part fhall be allotted, fhall give Bond with Sureties, before the faid Court of Probate, Heirs to give (if Debts afterwards be made to appear) to refund and pay back bond, &c. to the Adminiftrator, his or her rateable Part thereof, and of the Adminiftrator's Charges. 18. And the Widow's Thirds or Dower in the real Estate, at widow's dow the Expiration of her Term, fhall be alfo divided, as aforefaid, if er divided, &c. the fame then remain undivided. Provifo. 19. 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 Inteltate Eftate, or at any other Order, Sentence, Decree or Denial that shall at any Time be made, and given by faid Court of Probate, referring to the Approbation and Allowance of any Will, Grant of Administration, or other Matter, fuch Perfon may ap- Appeal. peal therefrom to the Superior Court; provided they give Security, and enter and profecute fuch Appeals within the Times limited for that Purpose; as is provided and directed in the Law regulating fuch Appeals. 20. Be it further enacted, That every Court of Probate, upon granting Administration the Eftate of any deceased Perfon, Court to take upon Thall take Bond with fufficient Surety or Sureties, to the Judge bond. of faid Court, and his Succeffors in that Office, with this Con dition, viz. THE HE Condition of this Obligation is fuch, that if the above Chattels, Credits and Eftate of C. D. deceased: Do make, or The form. 168 Executors to give bond &c. In what cafe the judge may order fale of real estate. Creditors to be notified to bring in their claims. Estates. Court of Pro which have or fhall come to the Hands, Poffeffion or knowledge 21. And Executors fhall become bound in the fame Form, mutatis mutandis. ges 22. And be it further enacted, That when the Debts and Charallowed by the Court of Probate, in the Settlement of any Inteftate Eftate, (or of any Teftate Eftate, where fufficient Provision is not made by the Will of the Teftator) fhall exceed the perfonal Eftate, it shall be lawful for the Judges of fuch Courts refpectively, to order the Sale of fo much of the real Eftate as fhall be fufficient to pay the fame, with the incident Charges of Sale, in fuch Manner as fhall appear to them to be most for the Benefit of fuch Estates; which Sales shall be good and effectual in Law. 23. And be it further enacted, That the faid Courts be, and they are hereby empowered to direct the Executors or Adminiftrators on faid Eftate, to give public Notice to the feveral Creditors thereof, to bring in their Claims against the fame, within fuch Time as the faid Courts fhall limit and appoint, not exceeding eighteen Months, nor lefs than fix Months, by pofting up the fame in the Town where the Deceafed laft dwelt, and alfo by advertising the fame in one or more of the public News-Papers in this State, and any further Notice, in cafe fuch Court fhall judge the fame neceffary. And if any Creditor fhall neglect to exhibit his or her Claim within fuch Time as fhall be limited, after public Notice given as aforefaid, fuch Creditor shall be debarred of his or her Demand, in the fame Manner as by Law is provided in Case of Insolvent Efates. Provided nevertheless, That any Perfons not being Inhabitants in this State, fhall have Liberty to exhibit their Claim against any Eftate which fhall not be reprefented Infolvent, at any Time Provifo. within two Years after Publication of the Notice aforefaid, and ihall be entitled to Payment out of the clear Estate that hall remain over and above the Payment of thofe Claims that were exhibited within the Time limited as aforefaid, only; any Thing in this A&t to the contrary notwithstanding. 24. And all fuch Houses and Buildings as appertain to the E- Buildings to ftate of any Perfon deceased, shall be kept and maintained in ten- be kept in rea antable Repair, by the Revenue of the Lands belonging to fuch pair. Eftate; and fhall in fuch Repair be delivered to the Heirs or Legatees, at the Time of the Divifion or Distribution thereof; extraordinary Cafualties excepted. An A&t in Addition to an Act, entitled, An Act for the Settlement of teftate and inteftate Estates. [ENACTED IN MAY 1785.] Been Court Perfonal EC E it enacted by the Governor and Council, and House of Repre debts of de pen that the perfonal Estate of a deceased Inteftate, leaving a Wi- tate infuffici✩ An Act in Addition to the Law of this State, for the PAR. 1. [ENACTED IN OCTOBER 1788.] the will of the E it enacted by the Governor and Council, and Houfe of Where fuffici B Reprefentatives, in General Court affembled, That ent provifion when the Debts and Charges allowed by any Court of Probate is not made by in the Settlement of any inteftate Eftate, or of a teftate Eftate, teftator, canwhere fufficient Provifion is not made, by the Will of the Tefta- not be pair tor, cannot be fully paid out of the perfonal Eftate, without Pre- out of the perjudice to the Widow or Heirs, by depriving them of their necella- fonal eftate, ry Stock, and Implements for Farming, or other Bufinefs for up- the court of holding of Life; the Judge of fuch Court of Probate, fhall have rized to difprobate autho Power and Authority, to order Payment of fuch Part of the Debts pofe of real Z |