Executors may take

their testa

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.

ministra

tions.

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.

Inventory to

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 aforebe returned. said, 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.

And the es

ed.

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

Appraisers fee.

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 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.

ministrators,

gacies ex

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 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 suretics, 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- Provise. signment, the obligor or obligors in such bond become insolvent, so as the money for which such bond or other

Where no appraisement shall

be necessary.

And an inventory sufficient.

Slaves shall

not be sold, except where not e

security was given to be lost, such loss shall be made good to the assignee out of the estate of such testator or intestate.

XXVIII. Provided also, That where any testator shall direct, that his estates hall not be appraised, or shall be preserved in specie, and not sold, and shall leave personal estate more than sufficient to pay all bis debts, nothing in this act shall extend or be construed to controul such last will, but the same shall and may be pursued and fulfilled; and the returning an inventory of the estate of such testator, without appraisement, shall be sufficient.

XXIX. Provided also, That no executor or administrator hath or shall have any power, to sell or dispose of any slave or slaves of his testator or intestate, nough other except, for the paying and satisfying the just debts of goods to pay such testator or intestate, and then only, where there debts. is not sufficient other personal estate to satisfy and pay such debts; and in that case, it shall be lawful for the executor or administrator to sell, at public auction such or so many slave or slaves, as shall be sufficient to raise so much money as the personal estate falls short of the payment of the debts.

Rules con

and crops.

XXX. And be it further enacted, by the authority cerning ser- aforesaid, That where any person shall die, between vants, slaves, the first day of March, and the twenty fifth day of December, the servants and slaves which such person was possessed of at the time of his or her death, shall be continued and employed upon the plantation and plantations, held and occupied by the deceased person, until the twenty fifth day of December then next following, for the making and finishing a crop of tobacco, corn, or other grain; which crop, so made and finished, shall be assets in the hands of the executors or administrators, after the charges o cloathing and feeding such servants and slaves, and the expence of tools and utensils for them to work with, and also the quitrents of the land whereon they work, levies and other incident charges, shall be deducted.

Servants & slaves to be

XXXI. And after the said twenty fifth day of De deliveredup, cember all the servants and slaves of such deceased after Dec 25. person shall be delivered up, to the party or parties hayears, well ving legal right to demand the same, and all such of the said servants or slaves, as shall then be of the age

All above 10

cloathed.

of ten years or more, shall be delivered, well cloathed, at the charge of such decedent's estate.

XXXII. Provided always, That no executor or ad- If dead be. ministrator shall be answerable for any servant or fore that slave, dying before the said twenty fifth day of Decem- time execu ber, altho' such servant or slave be inventoried, or ap-swerable. praised.

tor not an

clerk's of

fice.

XXXIII. And for the better preservation of wills, Wills to re Be it further enacted, by the authority aforesaid. That main in the all original wills shall remain in the clerk's office, among the records of the respective counties where they shall be proved, whereto any person may have recourse, as to other records, except for the time the same shall be removed by direction of the general court; and that to every probat shall be annexed a true copy of the will whereupon such probat was granted.

till the heir

XXXIV. And forasmuch as the preserving of neat Cattle shall cattle, and their increase, may be of great advantage be preserved to orphans, for the improving their lands; Be it fur- comes of age: ther enacted by the authority aforesaid, That where any person dying intestate, shall leave sufficient to satisfy his debts, besides slaves and neat cattle, the heir at law being under age, such cattle shall be kept upon the lands and plantation of such heir, until he shall come of age, and he shall have the benefit of their increase, and bear all loss, if any shall happen.

sold.

XXXV. Provided nevertheless, That the administra- But if too tor of such estate, or guardian of such orphan, in case numerous such stock grow too numerous, or if it will be to the ad- part may be vantage of such orphan, shall, and may sell such part of such stock, as he shall think fit; and also that such And the heir beir at law shall satisfy and pay unto the other chil- shall be an dren, or such other persons as shall be intitled to a distribution of such intestate's estate, his, her or their proportionable part or parts of the value of such stocks of cattle, as shall be left at the time of the death of such intestate.

swerable to the other children.

Executors,

XXXVI. And be it further enacted, by the authority aforesaid, That all and every the executors and ad- &c. in their ministrators of any person or persons, who, as executor own wrong, or executors, in his or their own wrong, and the executor answerable to executors, or executors, administrator, or administrators, of any &c. of right, executor or administrator of right, who shall waste, or convert to his own use, goods, chattels, or estate of his testator or intestate, shall be liable, and chargeable, in L 3-Vol. 5.

Executors of

the same manner, as his or their testator or intestate, should or might have been.

XXXVII. And that actions of account shall and may guardians, be brought and maintained against the executors or joint-tenants, &c. acadministrators of every guardian, bailiff and receiver, countable and also by one joint tenant, or tenant in cominon, for receiving his executors or administrators, against the other, as bailiff, for receiving more than comes to his just share or proportion, and against the executor or administrator of such joint tenant, or tenant in common.

more than

their share.

ance.

XXXVIII. And that all executors and administraExecutors & administrators shall be allowed in their accounts, all reasonable tors allow charges and disbursements, which they shall lay out and expend, for selling any estate, and receiving the money, upon such sale pursuant to this act; and also, for collecting and receiving the outstanding debts of their testator, or intestate; and no other allowance whatsoever.

Lists of pro

when, and how to be returned.

XXXIX. And be it further enacted, by the authority bats and ad- aforesaid, That the clerk of every county court shall, in the months of April and October, annually, return to the secretary's office, a list of all certificates for obtaining probats or administrations, granted by their respective courts, from time to time, containing the names of the testators or intestates, their executors or administrators, and the names of the securities; which lists, the secretary of this colony, is hereby required to cause to be recorded in his office, alphabetically, in books for that purpose.

tate is of the

general court.

XL. And be it further enacted, by the authority aforeWhere an es- said, That where any testator or intestate shall leave value of 1001. estate, real or personal, of the value of one hundred or more, pro- pounds current money, or more, it shall and may be bat, or ad- lawful for the general court of this dominion, upon moministration tion to them made, to receive the proof of such testamay be granted by the tor's will, to them exhibited, and to hear and determine the right of administration of the estate of such intestate, and thereupon to grant certificate for obtaining probat or administration, or administration with the will annexed, as the case shall require, in the same manner, and with the same rules and limitations, as by this act is before directed to be observed in the county courts: And that all probats, and commissions of administration, granted upon certificates obtained in the general court, shall be issued under the seal of this colony, and sign