of effects. 9. 13. C. 515. Contra au Comyn's Digert 1. Vol: pa. 38.9. Tit: Administration. See Darle ander 1. Wash 30. Wallace vs Sattiaferro. 2. Call 400 - 9. Jues: Black 5011. IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. 165 be put in fuit and profecuted in like manner as is before directed in the cafe of bonds to be given by executors or adminiftrators, with the will annexed a XXXIII. BUT no fecurity for any executor or administrator, thall be chargeable beyond the affets of the Teftator or Intestate, by reafon of any omiffion or mistake in pleading, or falfe pleading of fuch executors or adminiftrator. a 1792. Securities how far chargeable in cafe of falfe pleading by execntors or adminiftrators. XXXIV. IF any Court fhall grant a certificate for obtaining adminiftra- Where good fecurity tion of the estate of any perfon decealed, without taking good fecurity for the fhall not be taken, the fame, as aforefaid, to be judged of according to the apparent circumstances of justices liable. the fecurity, when taken, and not from fubfequent accidents or difcoveries thereof, the Juftices of fuch Court then fitting, fhall be anfwerable to the perfon or perfons injured, for all lofs or damage occafioned by the not requiring any, or, by the taking infufficient fecurity, recoverable with colts, by action on the cafe, in any Court of Record. a XXXV. WHEN fecurities for executors or adminiftrators conceive themfelves in danger of fuffering thereby, and petition the Court for relief, the Court (hall fummon the executor or administrator, and make fuch order or decree thereupon, to relieve and fecure the petitioners, by counter-fecurity, or otherwife, as to them fhall feem just and equitable. a How fecurities may be indemnified. Certificates of probat or adminiftration attested by clerks of court as effectual as a probat or letters of administration XXXVI. ALL certificates of probat or adminiftration, attefted by the Clerk, fhall enable the executor or adminiftrator to act, and may be produced, or given in evidence in any Court within this Commonwealth, and be as effectual as any probat or letters of administration made out in due form: Nevertheless, the Clerks of the Courts fhall, when required by an executor or admi- in form niftrator, make out fuch probat or letters in due form, in the name of the firft Clerks when required Juftice of the Court; which probat or letters fhall be figned by fuch Juftice, to make them out in and fealed with the District, County, or Corporation feal, if the will be proved due form. in a District, County, or Corporation Court, or with the feal of the Commonwealth, if proved in the General Court. a XXXVII. THE Clerk of every Diftrict, County, or Corporation Court, shall annually, on or before the first day of October, return to the Clerk of the General Court, a list of all certificates granted in his Court for probats and administrations within the preceding year, in this form [date of certificate] [name of Teftator or inteftate] [names of fecurities] [penalty of bond.] Which lifts, together with fuck certificates as are granted in the General Court, fhall be entered by the Clerk of the General Court, alphabetically, in books to be kept for that purpose. a Lifts of probats and ad miniftrations in the general, diftrict, and county courts, to be recorded in the general court. XXXVIII. EVERY Court granting a certificate for a probat or adminif- Appraifers to be aptration, shall nominate three or more appraisers in every County or Corpora- pointed. tion, where any of the personal eltate of the decedent fhall be, who, being worn before a Juftice of the Peace for that purpofe, fhall truly and juftly, to the best of their judgment, view and appraise all the perfonal eftate to them produced, and shall return fuch appraisement under their hands to the Court ordering the fame; which appraisement, if figned by the executor or adminiftrator, may be confidered as an inventory of fuch part of the estate, as had heretofore come to his hands. e Inventories & appraisements how far evidence for or against executors and adminiftrators. Allowance to appraisers. XXXIX. INVENTORIES and appraisements may be given in evidence in any fuit by or against the executor or adminiftrator, but shall not be conclufive for or against him, if other teftimony be given that the eftate was really worth, or was, bona fide, fold for more or less than the appraisement. a XL. EACH appraiser shall be entitled to fifty cents per day, for his attendance, to be paid by the executor or administrator, and charged to the estate. a XLI. EXECUTORS and administrators, whether it be neceffary for pay- Duty of executors and ment of debts, or not, fhall, as foon as convenient after they are qualified, fell at adminiftrators in felling public fale, all fuch goods of their Teftator or Inteftate, fpecific legacies except- perishable goods, fpeci ed, as are liable to perish, be confumed, or rendered worfe by keeping, giving fic legacies excepted. fuch credit as they ihall judge beft, and the circumstances of the eftate will admit of, taking bond and good fecurity of the purchafers, and fhall account for fuch goods according to the fales: If more be fold than will pay the debts and expenies, the executor or adminiftrator may affign the bonds for the furplus, to thofe entitled to the estate, and be difcharged as to fo much; and if after such affignment, the obligor become infolvent fo as the money be loft, without the fault or neglect of the affignee, then fuch loss shall be made good to the affignee out of the decedent's eftate. a (a) 1785, ch. 61, fec. 29, 30, 31, 32, 33, 34, 35, 36, 37, 38. 228 Geo. 2d, ch. 8, jec. 27. 1792. In felling the other perfonal estate. Where no appraisement fhall be neceffary. Where the estate shall act be fold. Dead victuals and li. quors to remain for the ufe of the family. Sale and conveyance of lands devised to be fold, by whom to be made, 166 IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. XLII. IF fuch perishable goods be not fufficient for paying the debts and expenfes, the executor or adminiftrator fhall proceed in the next place, to fell the other perfonal eftate, until the debts and expenfes be all paid, having regard to the privilege of specific legacies. a ap XLIII. NEVERTHELESS, if the Teftator direct his eftate not to be praifed, it fhall be fufficient to return an inventory thereof only; and if he direct his eftate not to be fold, the fame fhall be preferved in fpecie, unless a sale be neceffary for the payment of debts. a XLIV. THE dead victuals and liquors, which at the death of any Teftator or Inteftate, shall have been laid in for confumption in his family, shall not be fold by the executor or administrator, but shall remain for the use of fuch family, without account thereof to be made: If, however, before its final confumption, any child shall leave the family, fuch child shall have a right to carry with him or her, an equal share of what shall then be on hand. Any live ftock which may be neceffary for the food of the family, may also be killed for that use, at any time before the fale, divifion or distribution of the estate. a XLV. THE fale and conveyance cf lands devifed to be fold, shall be made by the executors, or such of them as shall undertake the execution of the will, if no other perfon be thereby appointed for that purpose, or if the perfon so appointed shall refufe to perform the truft, or die before he shall have completed it. But if none of the executors named in fuch will shall qualify, or after they have qualified, shall die before the fale and conveyance of fuch lands, then in thofe cafes, the fale and conveyance thereof, shall be made by such person or perfons to whom administration of the Teftator's eftate, with the will annexed, shall be granted. a XLVI. IF any perfon shall die after the first day of March, the fervants and flaves of which he was poffeffed, whether held for life or for other intereft, and which were employed in making a crop, shall be continued on the plantations in the occupation of the decedent, until the last day of December following, and then delivered to those who shall have a right to demand the fame; and their crops shall be affets in the hands of the executors and administrators, fubject to debts, legacies and diftribution; the levies and taxes, their tools, the expense of feeding them and their families to that time, and delivering them well cloathed, being first deducted. And if fuch flaves or fervants be held by the Teftator or Inteftate for his or her life only, in that cafe the executor or adminiftrator shall be obliged to deliver, to those who are entitled in remainder or reversion, three barrels of Indian corn for every such fervant or flave, old and young, to be allowed in their accounts of administration. a XLVII. IF a Teftator or Inteftate shall die after the first day of March, all the emblements of his lands which shall be severed before the thirty-first day of December following, shall in like manner be affets in the hands of the executor or administrator, but all fuch emblements growing on the lands on that day, or at the time of the death of the Teftator or Inteftate, if that event happen after the thirty-first day of December, and before the firft day of March, shall pass with the land to the heir, devifee, reverfioner, or remainder man. a XLVIII. IF there be Tenant for life of lands or flaves let or hired to ano ther, at the death of such Tenant for life, if that event happen after the first day of March, the leffee or perfon hiring, shall hold the lands and flaves until the laft day of December following, paying rent or hire to that time, and in the case of flaves, delivering them well cloathed. a XLIX. THE rent of land or hire of flaves shall be apportioned between the executor or adminiftrator of him, who having a freehold, or other uncertain eftate in the land, and the ufe for life, or for other uncertain term in the slaves, shall die before the rent or hire become due, and him who shall fucceed to the lands and flaves, as heir, devifee, or person in reverfion or remainder, unless in the cafe of a devisee, the contrary be directed by the Teftator. a L. THE appointment of a debtor executor shall in no cafe be deemed an extinguishment of the debt, unless it be fo directed in the will. a LI. NO distribution shall be made of an Intestate's estate until nine months after his death, nor shall an adminiftrator be compelled to make diftribution at any time, until bond and fecurity be given by the perfon entitled to dif–' tribution, to refund due proportions of any debts or demands, which may afterwards appear against the Inteftate, and the cofts attending the recovery of fuch debts. a |