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disposed of by such devise or legacy, shall be considered
and treated as intestate estate. Birth of child SECT. 5. If after the making of a last will and testament, revocation of a child be born to the testator, and no provision be made a will.
in such will for such a contingency, such birth shall operate as a revocation of such last will and testament.
SECT. 6. No devise of real estate shall be revoked, othActual rero erwise than by burning, cancelling, tearing, or obliterating cation. the same, by the testator himself, or in his presence, by
bis direction and consent; or by some other will or codicil in writing, declaring the same, signed by the testator, in the presence of three or more witnesses, and by them attested in his presence.
SECT. 7. All executors of wills within this state, shall Proof out of have liberty to have the witnesses to such wills examined court. and sworn, in usual form, before a justice of the peace,
who shall enter the oath of the witnesses on the back of the will, and attest the same: and the oath of witnesses, so taken, shall be accepted by the court of probate, as if they had been taken before said court.
SECT. 8. It shall be the duty of the executor or execuExecutor to
tors, of the last will and testament of any person deceased, prove the will, knowing of his or their being so named and appointed, or refuse the
within thirty days next after the decease of the testator, trust.
to cause such will to be proved and recorded in the office of the court of probate of that district, where the deceased person last dwelt; or to present said will, and declare his or her refusal to accept of the executorship: and every executor, so neglecting his trust and
duty, without just excuse for such delay, to the satisface Penalty for
tion of the judge of probate, shall forfeit the sum of neglect. seventeen dollars per month, from and after the ex
piration of the said thirty days, until he shall cause probate of said will, or present the same as aforesaid, one half to him who shall sue for and prosecute the same to effect, and the other hall, to the treasury of the town where the deceased last dwelt.
ŞECT. 9. And upon the refusal of the executor or exOn refusal of ecutors, or on his or their resusal to give bond with surethe executor
, ty, for a faithful discharge of his or their trust, the court an administra- of probate shall commit the administration of the estate tor to be ap- of the deceased, with the will annexed, unto the widpointed.
ow, or next of kin, of the deceased ; and may cause Who may be a citation to be made out to them to appear
before him; appointed. and upon their refusal, neglect of appearance, or in
capacity, may grant such administration to one, or more, of the principal creditors ; or, on their refusal, to such other person as the court shall think fit. And where the testator lived out of the state, the will shall be proved in the district, in which the estate is.
SECT. 10. When any person dies intestate, the court within what of probate, in the district in which the deceased last dwelt, probate disshall grant administration of his estate to the widow, or trict adminisnext of kin, of the intestate, or to both; or on their refusal
trator shall be
appointed. or incapacity, to some other person, as the court of probate shall judge fit. And where a person, living out of the state, dies intestate, leaving property within the state, administration shall be granted of his estate, within the district where the estate is, to such person as the court shall think fit. SECT. 11. Every court of probate, upon granting ad
Bond to be ta. ministration upon the estate of any deceased person, ken. shall take a bond, with sufficient surety or sureties, to the judge of said court, and his successors in that office, with this condition, to wit: The condition of this obligation is such, that if the above bounden A. B., administrator Form of bond. of all and singular of the goods, chattels, credits, and estate of C. D.,. deceased, do make, or cause to be made, a true and perfect inventory of all the goods, chattels, credits, and estate of the said deceased, which have or shall come to the hands, possession or knowledge of the said A. B., or into the hands or possession of any other person for him, and the same, so made, do exhibit, or cause to be exhibited, into the registry of the court of probate in the district of
at or before the
next ensuing; and the same goods, chattels, credits, and estate, of the said deceased, at the time of his death, which at any time after shall come into the hands or possession of the said A. B., or into the hands or possession of any other perso? or persons for him, do well and truly administer according to law: And further, do make or cause to be made, a true and just account of his said administration, at or before the
and all the rest and residue of the said goods, chattels, credits and estate, which shall be found remaining upon the said administrator's account, the same first being examined and allowed. by the said court of probate, as the said court of probate, by his decree or sentence, pursuant to the true intent and meaning of the law, shall appoint. And if it shall hereafter appear, that any last will and testament, was made by the deceased, and the executor or executors therein named, do exhibit the same into said court. making a request to have it allowed and approved, accordingly; if the said A. B., being thereunto required, do render and deliver the said letters of administration. (approbation of such will or testament being first had and obtained) in the said court; then this obligation to be void, and of no effect; or else to remain in full force
and virtue. And executors shall become bound in the
same manner, mutatis mutandis. Inventory.
SECT. 12. The executor or executors, appointed by the testator in his last will and testament, and administrators to whom the administration of the estates of persons deceased shall be committed, shall, with the assistance of two or more judicious disinterested freeholders, under oath, and appointed by the court of probate, make, or cause' to be made, a true and perfect inventory and appraisement of all the estate of the person deceased, both real and personal, according to its value; and also, a list of all his credits and choses in action, as far as may be, and shall cause duplicates to be made of such inventory, one of which shall be sworn to, by such executor or administrator, before the judge of the court of probate, where the will was proved or administration granted, and be deposited with said court, and the other shall remain
with the executor or administrator. New appraise
SECT. 13. If any creditor, legatee, or other person, ment.
shall be aggrieved, by such appraisement, he may have relief, by application to such court of probate ; which court is empowered and required to appoint three good and lawful men of the neighborhood, who, being duly sworn, shall make a new appraisement of such estate, at the true value, according to their best judgment : And the executor or administrator, shall be accountable for the estate, according to such appraisement, or the same shall be sold, by the order of the court of probate : Provided, that such application shall be made to such court within six months after the inventory of such estate shall have
been exhibited to said court. Penalty, for
SECT. 14. If the executor or executors of any last will not making an or testament, proved in any court of probate, or the adinventory: ministrator or administrators of any intestate estate, shall
not, within two months, next after the probate of such will, or granting letters of administration on such estate, cause such inventory to be made as aforesaid, and exhibited to the court of probate, where the will was proved and recorded, or administration granted, he or they shall forfeit the sum of seventeen dollars per month, from and after the expiration of said two months, until he or they shali cause an inventory to be made of such estate, and exhibited to the court of probate as aforesaid ; unless he can make a just excuse for such delay, satisfactory to said judge of probate : which forfeiture, as well as that for not causing the will to be proved, shall belong, one half to the town where the deceased last dwelt, and the other half to him who shall bring a proper action therefor, and
ceal the estate.
prosccute the same to effect, in the county where the deceased last dwelt.
sect. 15. If any person or persons shall sell or em- Persons embezzle any of the goods or chattels of any person deceas. bezzling the
estate, liable ed, before he or they have taken out administration, and exhibited a true inventory of all the known estate, he or in their own they shall stand chargeable, and be liable to the actions wrong. of the creditors, and other persons aggrieved, as being executors in their own wrong.
SECT. 16. If any person or persons shall have in his or How to protheir custody and possession, any goods or chattels be- ceed against longing to the estate of any deceased person, or any bills, those who conbonds, notes, accounts, or any thing, that may tend to disclose such estate, and on demand of the same, by the executor or administrator, shall refuse to deliver them, or to give any satisfactory account, to the executor or administrator, it shall be lawful for any justice of the peace, on the complaint of such executor, or administrator, to issue his warrant, and cause such offender to be apprehended and brought before him, and may bind bim, with sufficient surety, to appear before the next court of probate ; and such court shall have power to examine him, on oath, concerning the matters complained of; and if he shall refuse to be examined, on oath, and to answer the interrogatories put to him, by such court, it shall be lawful for the court to commit him to prison, there to remain till he sball conform to the law.
SECT. 17. The courts of probate shall have power to Notice to direct executors and administrators, to give public notice bring in claim. to the creditors of the deceased, to bring in their claims against bis estate, within such times as the said courts shall limit and appoint, not exceeding eighteen months, nor less than six months, by posting up the same in the town where the deceased last dwelt, and also by advertising and publishing the same in a newspaper prinied in the county where the deceased dwelt, (if any there be,) and if there be none printed within such county, the notice shall be published in a newspaper printed in the adjoining county; and also to give such further notice as the court shall judge to be necessary. And if any creditor shall neglect to exhibit his or her claim, within such time as shall be limited, after public notice given as aforesaid, such creditor shall be forever debarred of his or her demand against such estate. Provided, that any creditors, not inhabitants of this state, shall have liberty to exhibit their claims against any estate, which has not been represented insolvent, at any time within two years after publication of the notice aforesaid, and shall be entitled to payment out of the clear estate only, remaining after
the payment of the claims exhibited in the time limited as aforesaid. Provided also, that when a right or claim shall accrue after the death of the deceased, it shall be exhibited within twelve months after such right of action shall accrue, and shall be paid out of the estate remaining after the payment of the debts exhibited in the time
limited as aforesaid. When suit SECT. 18. Whenever the creditor of any estate, not must be brought, if ex- represented insolvent, shall present his or her claim to ecutor refuses the executor or administrator, within the time limited by the claim. the court of probate, for the exhibition of claims, and
the executor or administrator shall disallow and refuse to pay such claim; if such creditor shall not, within six months after he has been notified, by such executor or administrator, that his claim is disallowed, commence a suit before a court competent to try the same, against such executor or administrator, for the recovery thereof, that the validity of the claim may be legally decided, then such creditor shall be forever debarred of bis claim
against such estate: Provided, that in case such creditor Extension of die within the said six months, and before action brought time, on de
as aforesaid, a further period of six months shall be allowed cease of cred
in favor of the executor or administrator of such creditor.
SECT. 19. When the mortgagee of any lands or tene. Release of sat- ments shall die, leaving minor heirs, the executor or adgage of minor ministrator of such mortgagee, shall be, and he is hereby heirs. authorized, on receiving the amount due to the estate of
such deceased mortgagee, to release to the mortgagor the legal title to the said mortgaged premises, and such deed
of release shall be valid. Executor or sect. 20. It shall be the duty of the executor or adadministrator ministrator, to maintain and keep the buildings and housings in repair. es, appertaining to the estate of the deceased, in tenanta
ble repair, by the revenue of the lands belonging to such estate, and deliver the same to the heirs and devisees in such repair, at the time of the division and distribution
thereof, extraordinary casualties excepted. May be called SECT. 21. The respective courts of probate, shall have
power to call executors and administrators to account, for and concerning the estate of the deceased person, intrust
ed to their charge. How to be re SECT. 22. Whenever an executor or administrator moved.
shall, by reason of absence, sickness or insanity, become incapable of executing his trust, or shall neglect or refuse to do the duties thereof; or shall waste the estate, on which he administers, and be unable personally to respond in damages, any heir, devisee, legatee, creditor or surety in the administration bond, who has been injured, or may