be good, where the estate thereby bequeathed, shall exceed the value of ten pounds current money, that is not proved by the oaths of two or more witnesses, present at the making thereof; nor unless it be proved that the testator, at the time of pronouncing the same did bid the persons present, or some of them, bear witness, that such was his will, or to that effect; nor unless such nuncupative will were made in the time of the last sickness of the deceased, and in the house of his or her habitation or dwelling, or where he, or she hath been resident for the space of ten days, or more, next before the making of such will; except where such person was surprised or taken sick, being from his or her own home, and died before he or she returned to the place of his dwelling.

X. And be it further enacted, by the authority afore- Where they said, That after six months passed, after the speak shall not be ing of the pretended testamentary words, no testimony of force. shall be received to prove any will nuncupative, except the said testimony, or the substance thereof, were committed to writing, within six days after the making such will.

granted

XI. And that no certificate for granting probat of Nor any proany nuncupative will, or for administration of the es bat, or admitate, by such will given or bequeathed, shall be gran- nistration, ted by any court, 'til fourteen days, at the least, after thereon. the decease of the testator, shall be expired; nor shall The widow, any nuncupative will at any time be admitted to be or next of proved, unless summons have first issued, to call in the kin, shall be widow, or next of kindred to the deceased, to the end moned. that they may contest the same if they please.

first sum

sonal estate

XII. And be it further enacted, by the authority a- Written leforesaid, That no will in writing, concerning any gacies of pergoods, chattels, or personal estate, shall be repealed, not revocanor shall any clause, devise, or bequest therein, be al- ble, except tered or changed, by any words, or will, by word of in writing. mouth only, except the same be in the life of the testator committed to writing, and after the writing thereof, read unto the testator, and allowed by him, and proved to be so done by two or more witnesses.

XIII. Provided always, That any soldier being in Soldiers, or actual military service, or any mariner, or seaman mariners, exbeing at sea, may dispose of his moveables, wages, and cepted. personal estate, as he or they might have done before

the making of this act.

K 5-Vol. 5.

ministrations

Rules in XIV. And be it further enacted, by the authority agranting ad- foresaid, That administration of the estate of every person dying intestate, and administration with the will annexed of the estate of every testator, whose executor, or executors, shall refuse to prove and execute his will, shall be granted in manner following: That is to say, first, to the husband or wife of the deceased, and if none such, or if they refuse, then secondly, to the child or children, or their legal representatives, and if none such appear or claim, then thirdly, to the father or mother, or if none such, then fourthly, to the brothers and sisters, and if none such, then to the next of kindred to the deceased person; and if no will shall be exhibited, or administration sued forth, before or at the next court held after expiration of thirty days from any person's death, the court may grant administration to any creditor or creditors of the deceased, suing for the same, or to any other person the court in their discretion shall think fit.

Where cre

ditors may be admitted.

Method to prevent

XV. Provided always, That where it shall appear to the court, either of their own knowledge, or upon. waste, or im- application to them made by creditors, or legatees, bezzlement. that any estate is likely to be wasted, or imbezzled, such court may, and are hereby authorised and required, to proceed immediately to grant certificate for obtaining administration thereof.

administration granted.

Wills may be XVI. Provided also, That if any will shall be afproved after terwards exhibited to be proved, or any of the deceas ed person's kindred, not having before refused, shall appear and pray certificate for obtaining probat or administration, the same shall be granted in like manner, as if no former administration had been granted or obtained; nor shall any thing herein before mentiCourt may oned be construed, to disable any court from summoncompel any person to ing any person, or persons whatsoever, having the will produce the of a person deceased, in his, her, or their custody, or will of a per- possession, to exhibit the same to the court, in order to a legal probation thereof; but the court may compel such person or persons, by summons, or other lawful process as they shall think fit, to produce such will, that the just and legal proceedings may be had Executors & thereupon.

son deceas

ed.

adm.nistra

tors shall be

sworn.

XVII. And be it further enacted, by the authority aforesaid, That before granting certificate for probat

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
Will annexed.

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 sewith 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 follow

ing, to wit,

Condition of the Bond to be given by Executors, or Administrators, with the Will annexed.

bond.

THE condition of this obligation is, that if the above bound A. B. executor of the last will and testa- Executors ment 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

Administratora

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 value 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.

ble.

XVIII. And be it further enacted. by the authority a- Where no foresaid, That if any court shail grant certificate for security shall 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 certifi cate, 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.

ties after

tices dis

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 jusdecedent'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 securi administration, with the will annexed, shall be commit- ty; or refusal of the exted in the manner by this act before directed. ecutorship.