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or administration, to any person or persons whatsoever, he, she, or they, shall personally, in open court, take one of the following oaths, as the case shall require, to wit,
The Oath of an Executor, or Administrator, with the
YOU shall swear that this writing contains the true Executors last will of the within named A. B. deceased, as far oath. as you know or believe, and that you will well and truly perform the same, by paying, first, his debts, and then the legacies, contained in the said will, as far as his goods, chattels, and credits, will thereunto extend, and the law charge you, and that you will make a true and perfect inventory of all the said goods, chattels, and credits.
So help you God.
The Oath of an Administrator.
YOU shall swear that A. B. deceased, died without Administra any will, as far as you know or believe, and that you tora. will well and truly administer all and singular the goods, chattels, and credits of the said deceased, and pay his debts, as far as his goods, chattels, and credits will thereunto extend, and the law require you, and that you will make a true and perfect inventory of all the said goods, chattels, and credits, as also a just account when thereunto required.
So help you God.
And shall also give bond, in a sufficient sum, propor- And give tionable to the full value of the estate, at the least, and bond and se with such sufficient security of persons residing in curity. the same, or any other county, as by the court shall be approved of, and with one of the conditions following, to wit,
Condition of the Bond to be given by Executors, or Administrators, with the Will annexed.
THE condition of this obligation is, that if the above bound A. B. executor of the last will and testament of C. D. deceased, (or administrator with the will annexed, of all the goods, chattels, and credits of C. D. deceased) do make, or cause to be made, a true and perfect inventory of all and singular the goods, chattels, and credits of the said deceased, which
The whole penalty recoverable thereon,
have or shall come to the hands, possession, or knowledge of him the said A. B. or into the hands, or possession of any other person, or persons for him, and the same, so made, do exhibit or cause to be exhibited into the county court of N. at such time as he shall be thereto required by the said court, and the same goods, chattels, and credits, and all other the goods, chattels, and credits, of the said deceased, at the time of his death, which at any time after shall come to the hands, or possession, of the said A. B. or into the hands, or possession, of any other person or persons for him, do well and truly administer, according to law, and further, do make a just and true account of his actings and doings therein, when thereto required by the said court, and also do well and truly pay and deliver all the legacies, contained and specified in the said testament, as far as the said goods, chattels, and credits will thereunto extend, according to the va lue thereof, and as the law shall charge him, then this obligation to be void, otherwise to remain in full force and virtue.
Condition of an Administration Bond.
THAT if the above bound A. B. administrator of all the goods, chattels, and credits of C. D. deceased, do make, &c.-[as before unto the words-when thereto required by the said court,] and all the rest and residue of the said goods, chattels, and credits, which shall be found remaining upon the said administrator's acCount, the same being first examined and allowed by the justices of the said court for the time being, shall deliver and pay unto such person, or persons respectively, as the said justices by their order or judgment shall direct, pursuant to the laws in that case made and provided: And if it shall hereafter appear, that any last will and testament was made by the said deceased, and the executor or executors therein named do exhibit the same in the said court, making request to have it allowed, and approved, accordingly, if the said A. B. being thereto required, do render and deliver up his letters of administration, approbation of such testament being first had and made in the said court, then this obligation to be void, &c.
Which bond shall be payable to the justices of the court sitting at the time the same shall be entered into and taken, and their successors, and shall not become void
upon the first recovery, but may be put in suit, and prosecuted, from time to time, by and at the costs and charges in the law of any party or parties injured, until the whole sum of the penalty expressed in such bond shall be recovered thereon.
XVIII. And be it further enacted. by the authority a- Where no foresaid, That if any court shail grant certificate for security shaft obtaining administration of the estate of any person de- be taken, the ceased, without taking good security for the same, as justices liaby this act required, the justices granting such certificate, and every of them, shall be answerable for all loss and damage accruing for want of such security, recoverable by action at the common law, by any person or persons injured.
XIX. Provided nevertheless, That if the securities But where taken by the court were good, at the time of their be- good securiing so accepted and taken, but afterwards become in- wards besolvent, in such case the justices shall not be answera- come insolble: And that where any person shall be security for any vent the justices disdecedent's estate, or for the estate of any orphan, and charged.. shall conceive himself in danger, by reason thereof, How securiand petition the court for relief, it shall be lawful for ties may be the said court to summon the party, with and for indemnified. whom the petitioner stands bound, and to make such order or decree thereupon, as to them shall seem just and equitable, for relief and indemnifying of such petitioner, by counter security or otherwise.
XX. Provided also, That where any testator shall In what cases leave visible estate, more than sufficient to pay all his security not debts, and by his will shall direct, that his executor or required. executors shall not be obliged to give security, in such case, no security shall be required of him her or them: But where the court shall see cause, either upon their own knowledge, or the suggestions of creditors, or legatces, to suspect any executor or executors of fraud, or that the testators personal estate will not be sufficient to discharge all his debts; in such or the like cases, the court may, if they think fit, require such executor or executors to give security, notwithstanding their testator's directions to the contrary: and if he, she or they, shall refuse or fail to give security, Executors when ruled thereto by the court, such refusal or fail- refusal to ure stall amount to a refusal of the executorship; and give securiadministration, with the will annexed, shall be commit- ty, or refusal of the exted in the manner by this act before directed. ecutorship.
Executors may take
XXI. Provided also, That nothing herein before contained shall be construed to abridge or restrain the tor's estate power of executors over their testators estates, until 'til probat or probat of the will, or administration with the will anadministra- nexed, be obtained or granted; but they may possess tion granted. themselves thereof, and 'til then execute their trust, as fully and amply as if this act had never been made. Rules in proXXII. And be it further enacted, by the authority abats and ad- foresaid, That all probats of wills, commissions of administration, or of administration with the will annexed, issued upon certificates granted according to this act, and signed by the governor, or commander in chief of this dominion for the time being, with the public seal of this colony affixed thereto, or signed by such other person or persons, being one or more of the magistrates in commission of the peace, as shall be thereto authorised by the said governor, or commander in chief, and sealed with the seal of the court granting certificate, which seal every county court is hereby impowered to provide, at the charge of their county, shall be and are hereby declared to be, good and effectual in law, to impower and enable the executors, and administrators, therein named, and every of them, to possess themselves of the estates of their testators, or intestates, by any lawful ways or means whatsoever.
XXIII: And to the end the value of estates may be the better known and a just account thereof kept.
XXIV. Be it further enacted, by the authority aforesaid, That all executors and administrators shall exhibit a true and perfect inventory of all the estate to him her or them committed, to the court granting the probat or administration.
Inventory to be returned.
And the es
XXV. And that every court granting probat or adtate apprais-ministration, shall then also appoint and nominate three or more appraisers, in every county where any of the testator's or intestate's slaves, goods, or chattels shall -be, who being sworn before any one justice of their county, truly and justly to value the estate to them produced, to the best of their judgment, shall accordingly appraise the same, and return such appraisement, under their hands, to the court ordering the same; and every appraiser shall be paid thirty pounds of tobacco, per day, for his trouble and attendance, to be defrayed by the estate, and allowed to the executor or administrator upon passing his account; and such appraise
shall be bind
ment may be given in evidence, in any action or suit How far apbrought against the executor or administrator, to prove praisements the value of the estate, but shall not be binding either ing. upon the executor, administrator, creditor, or other person whatsoever, where it shall appear, by any other legal proof, that the slaves, goods, or chattels were really worth, or bona fide sold for more, or less, than the appraisement.
XXVI. And be it further enacted, by the authority Duty of exe aforesaid, That all executors and administrators, as cutors & adsoon as conveniently the same may be done, after the in selling pedebts of their testator or intestate shall be fully satis- rishable fied and paid, shall sell and dispose of all such goods goods. and chattels of their testator or intestate, specific le- Specific legacies exgacies excepted, as are or may be liable to perish, con- cepted. sume, or be the worse for using, or keeping, for the most that can be got for the same in money, by public sale or auction, and shall and may, for the enhancing the price thereof, give credit upon good security, for what time such executor or administrator shall think fit, having regard to the circumstances of the estate, and the time when the legacies will become due, or distribution of such estate is to be made; and when such goods and chattels shall be so bona fide sold, the executor or administrator shall be answerable for the value of such sale, and no more; and in case any executor or administrator shall sell goods of his testator, or intestate, to be paid for at a future day, the buyer shall enter into bond to such executor or administrator, with one or more sureties, or shall give some other sufficient security, for payment of the money accordingly; and the executor or administrator, after the time of such payment is past, shall take and pursue all lawful ways and means to recover and receive the money, upon pain of being answerable for the same himself; and if the same shall not be received, before the legatees or other persons intituled to the distribution thereof shall have right to demand the same, it shall be lawful for the executor or administrator to assign such bond, or other security, to such legatee or other person as aforesaid, and such assignment shall discharge such executor or administrator, for so much against him or them.
XXVII. Provided nevertheless, That if after such as- Proviso. signment, the obligor or obligors in such bond become insolvent, so as the money for which such bond or other