Court may, the informer; to be recovered by action of debt or information, in any court of record in this colony. VIII. Provided always, That nothing herein before at any time, contained shall be construed to abridge or restrain the enquire into the conduct power of the several county courts to enquire, as often of guardians, as they shall think proper, into the abuses and mismanagements of guardians, but that it shall be lawful for them to exercise such power, at any time or times, when to them it shall appear necessary; any thing in this act to the contrary, or seeming to the contrary notwithstanding. ans may their ac counts. IX. And be it further enacted, by the authority aWhatguardi- foresaid, That it shall be lawful for every guardian, charge in to charge in his account, all reasonable disbursements, and expences; and if upon rendring such account, it shall appear to the court, that such guardian hath really and bona fide disbursed more in any one year than the profits of the orphans estate, do amount unto, for the education and maintenance of the orphan, such guardian shall be allowed and paid for the same, out of the profits of such orphans estate, in any other year during his or her guardianship. Disburse ments must be suitable to the orphan’s de. gree and estate. X. Provided always, That such disbursements be, in the opinion of the court, suitable to the degree and circumstances of the estate of such orphan: And that where such estate shall be of so small value, that no person will educate and maintain him or her for the profits thereof, such orphan shall, by direction of the Provision for Court, be bound apprentice, every male to some tradespoor orphans man, merchant, mariner, or other person approved by the court, until he shall attain the age of one and twenty years, and every female to some suitable trade or employment, 'til her age of eighteen years; and the master or mistress of every such servant, shall find and provide for him or her, diet, cloaths, lodgings and accommodations fit and necessary, and shall teach, or cause him or her to be taught to read and write, and at the expiration of his or her apprenticeship, shall pay every such servant, the like allowance as is by law appointed for servants by indenture or custom, and on refusal, shall be compelable thereto in like manner: And if upon complaint made to the county court, it shall appear, that any such apprentice is ill used, or not taught the trade or profession to which he or she was bound, it shall be lawful for such court to remove and bind him or her to such other person or persons as they shall think fit. XI. And be it further enacted, by the authority a- How securiforesaid, That where any person who now is, or here- ties for an inafter shall be security for the estate of any orphan, dian may be solvent guarshall afterwards conceive himself in danger by reason relieved. thereof, and petition the court where such security was entred into for relief, it shall be lawful for such court, upon such petition to them exhibited, forthwith to order summons to issue against the party or parties. with and for whom the petitioner stands bound, returnable to the next court; and thereupon to compel such party or parties to give sufficient, other, or counter security, to be approved by the said court, or to deliver up the estate to the petitioner, or such other person as the court shall direct, or they may, and are hereby impowered to make such other order or decree therein, for relief of the petitioner and better securing such orphans estate, as to them shall appear just and equitable. XII. Provided always, That such court shall take good Provise. and sufficient security of the person or persons to whom such estate shall be so committed, in the like manner, and under the like penalty, as is by this act required to be taken of guardians appointed by the court; and every such person shall also exhibit his account, and be subject to the rules and orders of the court, in the same manner, to all intents and purposes, as is herein before required of guardians, or they are made subject unto. Where & be secured XIII. And be it further enacted, by the authority aforesaid, That when any guardian, or person charge- guardian dies able with the estate of any orphan, or with the estate the orphans of a person deceased, to him committed by any court estate shall of record in this colony, shall die so chargeable, the before any executors and administrators of such person so dying other debt. shall be compellable to pay and satisfy, out of the estate of their testator or intestate, so much as shall appear due to the estate of such orphan, or person deceased, before any other or proper debt whatsoever of such testator, or intestate; any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. XIV. And be it further enacted, by the authority a- Repealing foresaid, That all and every other act and acts, clause clause. Commence and clauses, heretofore made, for or, concerning any matter or thing within the purview of this act, shall be and are hereby repealed. XV. And be it further enacted, by the authority ament of this foresaid, That this act shall commence, and be in force, from and immediately after the tenth day of June, which shall be in the year of our lord one thousand seven hundred and fifty one. act. CHAP. V. [From edit: An Act directing the manner of granting probats of Wills, and Administration of Intestates Estates. 1752.] County courts may BE 1. DE it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General take proof of Assembly, and it is hereby enacted by the authority of wills, and the same, That the county courts of this dominion, and grant adminevery of them, within their respective counties, have istrations. and shall have jurisdiction and authority to hear and determine all causes, matters, suits, and controversies testamentary, which shall be brought before them, and to examine and take the proof of wills, and to hear and determine the right of administration of the estates of persons dying intestate, and to grant certificates thereof, to the governor or commander in chief of this dominion, for the time being, or to his deputy, or deputies appointed for that purpose, being a member, or members of the said courts respectively, for obtaining thereupon a probat, or administration with the will annexed, or a commission of administration, as the case shall require, according to the methods and rules herein after direcprobats of ted: That is to say, if any person having a mansion house, or other place of known residence and abode, within this dominion, shall depart this life, and dispose of his or her estate, or any part thereof, by will, such will shall be proved in the court of that county where such mansion house, or place of residence shall be; and if any person having no mansion house, or place of residence, within this colony, shall devise lands therein, by will, in writing, such will shall be proved in the court of that county wherein such lands shall lie, and Rules of wills. if such lands lie in several counties, and the testator dies in any one of them his will shall be proved in that county where he died; and if he dies in some other county, then in the court of one of the counties wherein such devised lands shall lie, and not in any other connty; and every such will so proved, as aforesaid, shall be as effectual for the disposing of lands, or any other estate, as if the same had been proved in every county where any of the lands or estate shall be. administra II. And where any person shall depart this life, Where exehaving first made a will, and therein appointed his ex- cutors rǝfuse ecutor or executors, and they shall all of them refuse tion with the the executorship, in such case, the same court wherein will annexed the will should have been proved, if the executors had shall be com accepted the trust, shall have power and authority to mitted. hear and determine the right of administration, and to grant certificate for obtaining letters of administration with the will annexed. III. When any will shall be exhibited to be proved When will's in the General Court, or in any county court, such may be procourt may immediately proceed to receive the proof ved in court. thereof, and to appoint appraisers to value the slaves and personal estate of the testator. IV. But where by any will the lands of the testator, where the or any part thereof, shall be devised away from the heir at law heir or heirs at law, such proof, as to him, her or them, may contest shall not be binding, but the court shall cause such the will. heir or heirs to be summoned, to appear at the next court, and to contest the validity of such will, if he, she, or they think fit; and if there be several heirs, in equal degree to the testator, every such heir shall be so summoned; and if no heir be known to the court, Rules in case or to the executors, who shall declare the same upon of several oath, before such court, then proclamation of such heirs. will, being exhibited and proved, shall be made by the heir is Or, where no sheriff at the court house, on two successive court da ys, known. and he shall also publish notice thereof, in writing, affixed at the door of every church in his county, and all persons concerned in interest, who at the time of proving any will, shall be under the age of one and twenty years, feme covert, non compos mentis, impi'i soned, or out of this colony, shall have liberty to com test the proof thereof, within ten years after their se veral disabilities and incapacities removed, and not a.fterwards. may contest a will, within 10 years Infants, &c.. after disabilities removed. Rules in case tration. V. And if any person having a mansion house, or of adminis other known place of residence, within this dominion, shall die intestate, the court of that county wherein suc' a mansion house, or place of residence is, shall hea r`and determine the right of administration of the est: ate of such intestate, and grant certificate thereof in manner aforesaid. VI. Where the intestate had no mansion house, or kn own place of abode in this colony, certificate for ob taining administration shall be granted by the court of the county wherein he died: If an executor or admi nistrator dies intestate, not having fully administered the estate of his testator or intestate, the same co art by whom certificate for probat, or administration was granted to such executor, or administrator, shall determine the right of administration of the estate not administred, and grant certificate thereof. VII. And be it further enacted, by the authority lands, or ten- af resaid, That all devises and bequests of any lands, ements must or tenements, shall be in writing, and signed by the party devising the same, or by some other person in his presence, and by his express direction, and shall be at tested, and subscribed in the presence of the said devi sor, by two or more credible witnesses, or shall be w holly writ by the said devisors own hand, or else they shall be void and of no effect. Devise of be in wri ting. Such devises revoked in VIII And that no devise, in writing, of lands, teneshall remain tents, or hereditaments, or any clause thereof, shall valid, unless at any time afterwards be revocable, otherwise than writing, or by some other will, or codicil, in writing, or other cancelled by writing declaring the same, or by burning, cancelling, the devisor. tearing, or obliterating the same, by the testator himself, or in his presence, and by his directions and cons ent: But all devises and bequests of lands, or tenenents, shall remain and continue in force, until the same be burnt, cancelled, torn, or obliterated, by the 1 estator himself, or by his directions in manner aforesaid, or unless the same be altered by some other will, or codicil in writing, or other writing of the devisor, signed in the presence of two or more witnesses, declaring the same; any law, or usage, to the contrary, notwithstanding. Rules concerning nuncupative 'wills. IX. And for prevention of fraudulent practices, by setting up nuncupative wills, Be it further enacted, by the authority aforesaid, That no nuncupative will shaft |