ESCHEATS AND ESCHEATORS. What proper. 1. THE estate, both real and personal, within this territory, of 1816—(5) persons who have died intestate, or who may hereafter die intestate, ty shall esleaving no lawful heir or heirs, shall be considered as escheated to the cheat. Mississippi Territory. Sec. 1. courts ap §2. Each person who is now, or may hereafter be the judge of any 1823—18) county court within this state, is hereby appointed an escheator for the Judges of county, of the county court of which he is, or may be the judge, dur- county ing his continuance in such judicial office; who shall execute his of- pointed esfice of escheator in proper person, and not by deputy; and the duties cheators. of escheator are hereby annexed to those of the judges of the county sec. 1.] courts, ex officio, and under the same official sanctions and obligations. [a 1824-(4) court of escheated pro §3. Where it shall appear that any person has died without will, Th. Sec. 4. and without heirs, leaving property behind, it shall be the duty of the Eschator to notify judge escheator of the county where the property may be found, to issue his of the circuit notification of such supposed escheated property, to the judge of the circuit court, at least two months previous to the meeting of said court perty. in such county; and the judge presiding at such court, shall cause the jury (being first sworn) to proceed and make a true inquest of all Proceedings such supposed escheated property, both real and personal, which by on inquest. the escheator shall be subjected to their investigation, and a true verdict make thereon; whereupon the judge of the court aforesaid, shall certify the same, under his hand and seal, to the escheator, who shall record the same in a book to be by him kept for that purpose; and shall return the original, within two months after the date thereof, into the office of the clerk of the said circuit court, to be there filed and kept as a record of the said court. be adver 4. On returning the inquest into the office of the clerk of the court b. Sec. 5. aforesaid, the clerk shall thereupon cause to be advertised, in one of Property to the public gazettes of this state, the first week in every month, for six tised, months, the particular description of the property, real and personal; the name of the person last seized and possessed; and the supposed time of his or her death, together with the part of the world in which he or she was known or supposed to be born, and requiring his or her heirs, or others, who may claim under him or her, to appear and make claim; and if no person shall appear and make right and title to and no perthe same within twelve months after the expiration of the time pre- son appear. scribed for advertising the same, the clerk of the said court shall issue process, to be signed by the judge of the said circuit court, to the escheator, pronouncing the said property, both real and personal, to be escheated and vested in the state, and directing him forthwith to sell and convey the same according to law. ing to claim, may be 5. As soon as escheated property, either real or personal, shall be 1b. Sec. 6. vested as aforesaid in this state, the escheator shall advertise the sales sold. thereof in one of the public gazettes of this state, and also in two or more public places in the county, in which the property may be found, giving six weeks public notice of the time and place of sale; and shall at the time and place advertised, sell the said property on a credit of twelve months; and shall moreover take good and sufficient security for the purchase money, and a mortgage of the property, before the title to the said property shall be altered or changed; and it shall be the duty of every such escheator, to pay into the treasury of this state, Proceeds to the proceeds of every such sale, after deducting for his own use, the be paid into commission hereinafter allowed to him, as a compensation for his ser- treasury. the state Ih. See 7. have posses sion of the property, on giving security. vices, on all moneys received by, and paid to him, on account of such sales, and the necessary expenses thereunto attached. § 6. Any person or persons without delay, shall be heard on issue to Claimant to be made up in the circuit court, on a petition setting forth his, her, or their right; and the said property, either or both real and personal, shall be committed to him, her, or them, if he, she, or they shall show good evidence of his, her, or their title to hold until the right shall be found for the state or the claimant, such claimant finding sufficient security to prosecute his, her, or their suit with effect, and without delay, and to render to the state the yearly value of such property, If not claim if the right be found for the state; and where no claimant shall appear to make title as aforesaid, the escheator shall rent out the escheated property, if the same can be done with advantage to the state, until the process of escheat shall be concluded, and the property sold: Provided, That if any suit for property supposed to be escheated, shall be prosecuted by any escheator, and the jury before whom such trial shall he had, shall think there is no probable cause, the court before whom the same shall be tried, shall award to the party aggrieved, his, her, or their reasonable and legal costs; to be paid out of any funds arising under or by virtue of this act. ed, to be rented out. Proviso. Ib. Sec. 8. duty where escheated property is held by ex ecutor or ad ministrator. §7. Where money or other personal estate shall be found in the hands Escheators of an executor, or administrator, being the property of any person heretofore deceased, or hereafter dying and leaving no person entitled to claim according to the statute of distribution, and without making distribution of the same, the escheator of the county where such chattels shall be found, shall and may in behalf of the state, sue for and recover, either at law or in equity, any such money or other personal estate, and pay the money which he may receive, or which may arise from the sale of any other personal estate which may come into his possession, by virtue of any such suit, into the treasury of this state; and the escheator shall advertise the sale of any such personal property, which may come into his possession, for two weeks, in one of the public gazettes of this state; and also in two of the most public places in the county in which the sale is to be made; and shall sell the same for cash at public auction, at the time and place so adverTreasurer's tised. And the treasurer of this state for the time being, shall adverduty in such tise the payment so made by any escheator into the treasury, in one of the public gazettes of this state, once in every month for six months, in like manner as escheated property is hereinbefore directed to be advertised, and if no person shall appear and make good title to such personal estate within twelve months after the expiration of the time prescribed for advertising the same, other than as executor, administrator, or their legal representatives, then the money which may have been recovered by the escheator, and the money arising from the sale of any such personal estate, shall become vested in, and applied to, the use of the state. case. Пb. Sec. 9. not to bar § 8. Any possession, grant, conveyance, or any other cause or Grants, &c., title, shall not preclude or hinder the state from making inquest or sale, the claims of after the manner hereinbefore prescribed, of all such property, both the state. real and personal, as has heretofore escheated to the state, or may hereafter escheat by the death of the person last seized or possessed, without will and without heirs. Ib. Sec. 10. Rights of creditors, &c., not preju diced. § 9. Nothing herein contained shall prejudice the rights of creditors, or other individuals having claims or legal titles, or who shall be under the disabilities of infancy, coverture, duress, lunacy, or being beyond the limits of the United States, until three years after such disabilities shall be removed. Escheator's 10. Each of the said escheators shall, as a compensation for his . Sec. 11. trouble, costs and charges, in discharge of his duty, be entitled to re- compensaceive a commission of eight per cent. out of all moneys which, in virtue tion. of this act, shall be paid by him into the treasury; and where any person or persons shall appear and make title to lands or personal estate, after office found by the jury, the circuit court shall have power to make an allowance of such reasonable costs and charges, as the escheator hath sustained in promoting the claim of the state, except in cases where he had already received his compensation. failing to do may be prosecuted. § 11. If any escheator shall fail to do the duty required of him by Пb. Sec. 12. this act, or any loss or damage shall accrue to this state by his mis- Escheators conduct or fraudulent practices, such escheator shall be responsible for their duty all such loss or damage; and the circuit court of the county wherein such escheator resides, shall have power and authority to order a prosecution in the name of the state; and the jury shall try the fact, and judgment shall be rendered against such escheator for any damages which the jury may assess, together with the costs; and further, no escheator shall, directly or indirectly, either by himself or any person Penalty for whatsoever, purchase, or be concerned with any person or persons cerned in the in purchasing, any escheated property, without being subject and lia- purchase of ble to the payment of five thousand dollars to be sued for and recover- property. ed in any court of record, one-half for the benefit of the informer, who shall sue for and recover the same, and the other half for the use of the state. being con escheated ESTATES OF DECEASED PERSONS. Personal es. posed of, &c. § 1. WHEN any person shall die, possessed of goods and chattels or 1806—(1) personal estate, not bequeathed, the same shall descend to and be dis- Sec. 27. tributed among his or her heirs, in the same way and manner, that tate how dis real estates not devised descend by this act: Provided, that the goods and chattels, or personal estate of any person deceased, whether testator or intestate, shall stand chargeable with the payment of all the just debts and funeral expenses of the deceased, and the charges of settling the said estate; and after the payment thereof, the surplusage, in case of intestacy, shall be decreed by the orphan's court, one-third thereof to the widow of the deceased person, unless the intestate died without children, or the descendants of them: in which case, she shall be decreed one half thereof for ever: and the lands, tene- Lands ments, and hereditaments of the testator or intestate, shall stand chargeable chargeable with all the debts of the deceased, over and above what debts of the the personal estate shall be sufficient to pay as aforesaid: saving to the widow her dower in all cases, as is before provided. with the estate. Estates of persons alto vent to be 2. When the estate, both real and personal, of any person de- Th. Sec. 33. ceased, shall be insolvent, or insufficient to pay all just debts which the deceased owed, the said estate, both real and personal, shall be gether insoldistributed to and among all the creditors, in proportion to the sums distributed to them respectively due and owing: saving that debts due for the among the last sickness, and necessary funeral expenses of the deceased, are to proportion. be first paid: and the executor or administrator shall exhibit to the Priority of orphans' court, or chief justice thereof, (before any debts paid to any 1 See "Descents." If there be any children, the widow is entitled to a child's part of the personal estate, which shall not, in any case however, be less than one-fifth of its clear value.-See "Dower." creditors in certain debts. pointed to notice to creditors. bution to the creditors. creditor, except as aforesaid,) an account and statement, as is directed in the twenty-eighth section of this act: including also the lands, tenements, and hereditaments of the testator or intestate. And if it appear to the said orphans' court, that such estate is insolvent, then, after or dering the lands, tenements, and hereditaments of the testator or intesCommission- tate to be sold as aforesaid, they shall appoint two or more fit persons ers to be ap- to be commissioners, with full power to receive and examine all audit claims. claims of the several creditors of such estate; and the said commissioners shall cause the times and places of their meeting to attend the Commission creditors, for receiving and examining their claims, to be made known, ers to give by causing notifications to be posted up in such public places, and published in such newspaper or papers, as the orphans' court, or chief Limitation justice thereof shall direct: and six months, and such further time, (as of claims. the circumstances of the estate may require,) not exceeding eighteen months, shall be allowed by the said court to the creditors, for bringing in and proving their claims before the said commissioners; at the end of which limited time, the said commissioners shall make their report, and present on oath a list of all the claims that shall have been laid before them, with the sums they shall allow on each respective claim, to the said orphans' court. And the said court shall order just recompense to the said commissioners out of the deceased's estate. And the debts due for the last sickness, and necessary funeral exCourt shall penses, being first deducted, the said court shall order the residue of order distri the estate, both real and personal, (the real estate being sold according to law,) to be paid and distributed by the executor or administrator, to and among the creditors, who shall have made out their claims, with the commissioners as aforesaid, in proportion to the sums unto them respectively due and owing: Provided, That notwithstanding the report of any commissioner, the creditor whose claim is wholly or in appeal from part rejected, or any executor or administrator, who may be dissatisfied with such report, on a particular claim, may, for good and sufficient cause shown by the said creditor, executors, or administrators, to the said orphans' court, have the said claims referred by the said court to referees, whose report and award thereon, returned to the next term of the said court, and approved of, shall be final and conSuits against clusive. And to the end, that the executor or administrator may have an opportunity to ascertain the situation of the estate of the testator or intestate, no suit or action shall be commenced or sustained against such executor or administrator, in such capacity, till after the expira tion of six months from the time of proving the will of the testator, or of granting letters of administration on the estate of the deceased. and after re- Nor shall any suit or action be commenced or sustained against him, port of insol after the estate of the testator or intestate is represented insolvent: exExceptions. cepting however, in all cases, actions for debts due for the deceased's last sickness and funeral expenses: excepting also, that if the execu tor or administrator, having objections to the claim on which any ac tion (other than those last mentioned) may be brought, shall consent to have such claim settled by action at law in such case, the judg ment of the court shall determine the claim, and be reported by the Liability of commissioners as such. Every executor or administrator, after final apportionment of such distribution among the creditors of the testator Creditor may commission. ers to referees. executors, ed and pro 6 months, vency. executors, &c. 1 A just and true account of the personal estate and debts.-The section referred to has been superseded, and is omitted. The duties assigned the commissioners in this section, in auditing claims against insolvent estates, are required, by act of June 14, 1821, to be perform ed by the judges of the county courts, with leave to appoint commissioners, if necessary. See § 7. or intestate as aforesaid, shall be liable to the creditors for their respective shares in such distribution. And if any debtor shall not make Claims, out his claim with the commissioners within the time of their com- when barred. mission, or before referees, or at common law, in the manner this act provides, he shall be for ever barred of his debt or demand; unless such creditor shall find other estate of the deceased, not inventoried or accounted for by the executor or administrator before distribution. Debts not 3. Any creditor, whose debt is not due, may exhibit it to the ex- . Sec. 34. ecutor or executors, administrator or administrators, as if it were due, due may be and thereupon shall be considered as a creditor under this act; and exhibited. shall receive a dividend of the said testator or intestate's estate; deducting a rebate of legal interest, for what he shall receive on such debt, to be computed from the actual payment thereof, to the time such debt would have become due. ers may ex ants on oath. 4. The commissioners appointed to receive and examine the b. Sec. 36. claims of the creditors to the estate of any person deceased, when re- Commissionported insolvent, are hereby authorized and empowered, when judged amine claimexpedient by a majority of them, to examine on oath or affirmation, any creditor, touching the truth of his or her claim; and may thereupon inquire of such creditor the truth of any writing, demand, or the charges in any account exhibited as a claim against such insolvent estate; and whether the same, and every part thereof, remains actually due and unpaid; and may make such other questions relative thereto, as shall be material, and tending to discover the truth of such claim and the said commissioners, or either of them, are hereby authorized and empowered, to administer such oath or affirmation. And if any person, who shall have taken such oath or affirmation, (the same Penalty for having been duly administered as aforesaid,) shall thereupon wilfully and corruptly make any false answer or answers to any question or questions, material to the determination of the truth of the claim, in proof of which, such oath or affirmation shall have been taken, and shall be thereof duly convicted, he or she so offending shall be adjudged guilty of wilful and corrupt perjury, and be liable to the pains and penalties thereof. false swear ing. Sec. 1. § 5. If the commissioners appointed by the orphans' court of any 1815 (6) county to receive and examine claims against the estate of any de- Commissionceased person which has been by the orphans' court declared insol- ers in case of vent, shall fail to make their final report within the time limited by may be alinsolvency law, it shall be the duty of such orphans' court to make new appoint-lowed further ments, or extend the time for the said commissioners to receive claims ones appointagainst such estate, and report thereon to such time as shall to such ed. court seem reasonable and just, anything in the law to which this is an amendment to the contrary notwithstanding.1 or new against es presented barred. § 6. All claims against the estates of deceased persons shall be pre- . Sec. 2. sented to the executor or administrator within eighteen months after Claims the same shall have accrued, or within eighteen months after the pass- tate to be ing of this act, or within eighteen months after letters testamentary within 18 or letters of administration shall have been granted to said executor or months, or administrator, and not after; and all claims not presented within the time aforesaid, shall be for ever barred from a recovery: Provided, Proviso. That the provisions of this section shall not extend to persons under age, feme covert, persons insane, or non compos mentis, to debts contracted out of this territory, nor to claims of heirs or legatees claiming as such. 1 The act of 1806—(1) Sec. 33-See § 2. |