Eftates. Widow or next of Kin, capable to execute faid Truft, and upon their 53 Court of Probate to cite next of kin, the widow, or &c. Such as conceal the eftate of any deceafbe examined ed perfon, to upon oath. Be it enated by the Authority aforefaid, That if any Perfon or Perfons in this State, fhall have in his or their Cuftody or Poffeffion, any Goods or Chattels belonging to the Eftate of any deceased Perfon, or any Bills, Bonds, Accounts, or fuch other Things as may tend to disclose fuch Estate, and upon Demand of the fame, made by the Executor or Administrator of fuch Estate, shall refuse to make Delivery, or to give a fatisfying Account thereof to the faid Executor or Administrator, it shall be in the Power of the next Affiftant or Juftice of the Peace, upon Complaint thereof made to him by the said Executor or Administrator, to iffue a Warrant to some fit Perfon, to apprehend fuch Offender, and to bring him or her before fuch Affiftant or Juftice of the Peace; who may bind fuch Perfon, with fufficient Sureties, to appear before the next Court of Probates: And the faid Court To be comfhall be, and is hereby impowered to examine fuch Offender or Offenders, mitted upon under his or their Oaths, upon fuch Interrogatories touching fuch Goods, refufal to Chattels, Bills, Bonds, Accounts, and other I hings tending to disclose the swear. Eftate aforefaid, as the faid Court fhall think meet. And that if therein the Offender or Offenders fhall refuse to be examined upon Oath, or to answer fully to every Interrogatory to fuch Perfon or Perfons to be administered, or put by faid Court of Probates, it fhall be lawful for the faid Court to commit every fuch Offender to the common Goal, there to remain until fuch Perfon fhall better conform. Creditors, or legatees aggrieved by the appraisement of the estate, to have Be it further enacted by the Authority aforefaid, That if any of the Credi tors or Legatees of the Deceafed are grieved by the Appraisement of the Estate made by the Adminiftrator, or Perfons by him appointed, they may have Relief by Application to the Court of Probates that granted Adminiftration; which Court is hereby impowered and required, to appoint three good and lawful Men of the Neighbourhood, and to fwear them to make a new Appraisement of fuch Eftate, at the true Value and Worth thereof, in common Eftimation, according to the best of their Skill. And a new apthe Administrator fhall be accountable for fuch Eftate, according to the praisement, faid Appraisement thereof. And if he make Payment of Debts or Legacies therewith, or with any Part thereof, the Creditors or Legatees shall have such Eftate at the Value stated by fuch Appraisers. Provided, faid Application be made to fuch Court within fix Months after the Inventory of fuch Eftate be exhibited into the Registry of the faid Court; and not after. Provife. Adminiftra tion of the Be it further enacted by the Authority aforefaid, That when any Perfon dies Inteftate, Adminiftration of fuch Inteftate's Eftate fhall be granted to the Widow, or next of Kin to the Inteftate, or both, or on their refusal or In- eftates of incapacity, to fome other Perfon, as the Court of Probate shall judge fit: teftates, to And on granting Administration upon the Eftates of Inteftates, or others whom to be whomfoever, the Court of Probate granting fuch Administration, fhall take granted. fufficient Bond with Sureties, of fuch Perfon or Perfons, to whom Adminiftration is granted as aforefaid, for a faithful Discharge of the Work; which Bond fhall be conditioned according to the Form hereafter in this Act directed And fuch Bond fhall in like Manner be required and taken of the Executor or Executors of any last Will and Teftament, before they enter on the Bufinefs, and of any Executors where the Eftate remains unfettled. And 54 Court of probates to call executors,&c. to account. Diftribution to be made as follows: One third to the widow, refidue equally among the children, except to the eldeft fon, &c. a double portion. Divifion to be by free holders under oath, &c. unlefs, &c. Provifo. If child die, &c. his portion to be to the furviving children. If no children how the real eftate fhall Eftates. And the Court of Probates may, and fhall proceed to call fuch Adminiftrator or Adminiftrators, Executor or Executors to account for and touching the Estate of such deceased Person, whether inteftate or other. And be it further enailed by the Authority aforefaid, That the Courts of Probate fhall, and are hereby fully impowered to order, and make a juft Divifion or Diftribution of all the Eftate, both real and perfonal, of any fuch Inteftate, that fhall remain after deducting all Debts and Charges whatsoever, payable out of the fame, in Manner following, That is to fay; One third Part of the perfonal Estate to the Wife of the Inteftate (if any be) for ever; befides her Dower, or Thirds in the Houfes and Lands during Life, where fuch Wife fhall not be otherwife endowed before Marriage: And all the Refidue and Remainder of the real and perfonal Estate by equal Portions, to and among the Children, and fuch as fhall legally represent them, (if any of them be dead) other than fuch Children who fhall have any Eftate by Settlement of the Inteftate in his Life Time, equal to the others Shares: Children advanced by Settlement or Portions not equal to others Shares, to have so much of the Surplufage as fhall make the Estates of all to be equal; except the eldest Son then furviving, where there is no Iffue of the firft Born, or of any other elder Son; who fhall have two Shares or a double Portion of the Whole; and the same shall be fo divided as that the male Heirs fhall have their Parts in the real Estate, fo far as the Estate will allow : And where there are no Sons, the Daughters fhall inherit as Co-parceners. And the Divifion of the Eftate fhall be made by three fufficient Freeholders, upon Oath, or any two of them, to be appointed by the faid Court of Probates: Unless all the Parties interested in any Eftate, being legally capable to act, fhall mutually agree upon a Divifion among themfelves, and prefent the fame in Writing under their Hands and Seals; in which Cafe fuch Agreement shall be accepted, and allowed for a Settlement of fuch Eftate; and be accounted good and valid in Law, being acknowleged by the Parties fubfcribing, before fuch Court of Probates, or before an Affiftant or Juftice of the Peace, and put upon Record, in the Records of faid Court. Provided nevertheless, That where any Eftate in Houses and Lands, which cannot be divided among the Children without great Prejudice to, or spoiling of the Whole, being fo reprefented, and made to appear unto the Court of Probates; the faid Court may order the Whole to the eldest Son, if he accept of it; or to any other of the Sons fucceffively (upon his Refufal) he to whom it fhall be ordered, paying unto the other Children of the Deceafed their equal and proportionable Parts or Shares of the true Value of fuch Houfes and Lands, upon a juft Appraisement thereof, to be made by three fufficient Freeholders upon Oath; to be appointed and fworn, as aforefaid; or giving good Security to pay the fame in fome convenient Time, as the faid Court of Probate fhall limit; making reasonable Allowances in the Interim, not exceeding fix per Centum per Annum. And if any of the Children die before he or she come of Age, and before Marriage, or before any legal Difpofition thereof and before Marriage, the Portion of fuch Child deceafed, fhall be equally divided among the furviving Children, and their legal Reprefentatives. And in Cafe there be no Children, nor any legal Representatives of them, then one Moiety of the perfonal Eftate fhall be allotted to the Wife of the Inteftate forever; and one Third of the real Estate for Term of Life: The Refidue of the real Estate received by Difcent, Gift or Devise from his or her Parent, Ancestor or other Kindred, fhall belong equally to the Brethren and Sifters of the Inteftate, and those who legally reprefent them, of the Blood of Eftates. of the Perfon or Ancestor from whom fuch Eftate came or defcended; and in Cafe there be no fuch Brothers or Sifters, nor legal Reprefentatives, as aforefaid, then fuch real Estate derived as aforefaid, fhall be and remain to the next of Kin, to and of the Blood of faid Anceftor or Perfon from whom fuch real Estate is derived as aforefaid: And the Remainder, both of the real and perfonal Estate, equally to every of the Brethren and Sisters of the Inteftate of the whole Blood, and fuch as legally reprefent them; or if there be no fuch Kindred, then to the Parent or Parents of the Inteftate; and if there be no Parents, then equally to every of the Brethren and Sifters of the half Blood of the Inteftate; but if there be no Parent, brother or Sifter, then equally to every of the next of Kin to the Inteftate in equal Degree, and those who legally reprefent them; Kindred of the whole Blood to take in preference to Kindred of the half Blood in the fame Degree: No Reprefentatives to be admitted among Collaterals, after Brothers and Sifters Children. And if there be no Wife, all the Estate shall be divided among the other Kindred in Manner aforefaid. bond, &c. dower divid ed, &c. And every one to whom any Share or Part fhall be allotted, fhall give Heirs to give Bond with Sureties, before the faid Court of Probate, (if Debts afterwards be made to appear) to refund and pay back to the Adminiftrator, his or her rateable Part thereof, and of the Adminiftrator's Charges. And the Widow's Thirds or Dower in the real Estate, at the Expiration Widow's of her Term, fhall be also divided, as aforefaid, if the fame then remain undivided. Always provided, and it is hereby enacted, That if any Person be aggrieved at any Order, Sentence, or Decree of any Court of Probate, made for the Settlement and Diftribution of any Inteftate Eftate, or at any other Order, Sentence, Deeree or Denial that fhall at any Time be made, and given by faid Court of Probate, referring to the Approbation and Allowance of any Will, Grant of Administration, or other Matter, fuch Perfon may appeal therefrom to the Superior Court; provided they give Security, and enter and profecute fuch Appeals within the Times limited for that Purpose ; as is provided and directed in the Law regulating fuch Appeals. Be it further enailed by the Authority aforefaid, That every Court of Pro bate, upon granting Administration upon the Estate of any deceased Perfon, fhall take Bond with fufficient Surety or Sureties, to the Judge of laid Court, and his Succeffors in that Office, with this Condition, viz. at or before the Day of HE Condition of this Obligation is fuch, that if the above bounden A. B. Adminiftrator of all and fingular the Goods, Chattels, Credits and Eftate of C. D. deceased: Do make, or caufe to be made, a true and perfect Inventory of all and fingular the Goods, Chattels, Credits and Eftate of the faid deceased, which have or fhall come to the Hands, Poffeffion or knowledge of the said A. B. or into the Hands or Poffeffion of any other Perion or Perfons for him; and the fame fo made do exhibit, or cause to be exhibited into the Registry of the Court of Probates in the Dif trict of next enfuing: And the fame Goods, Chattels, Credits and Eftate of the faid deceafed, at the Time of his Death, which at any Time after fhall come into the Hands or Poffeffion of the faid A. B. or into the Hands or Poffeffion of any other Perfon or Perfons for him, do well and truly adminifter according to Law. And further, do make or caufe to be made, a true and juft Account of his faid Administration, at or before the Day of and all the Reft and Refidue of the faid Goods, Chattels, Credits and Estate which shall be found remaining upon the said Administrator's Account; the fame being first examined and allowed by the faid Court of Probates, fhall deliver and pay unto fuck Perfon or Perfons refpectively, as the faid Court of Probates, by their Decree .or Provifo Court to take bond. The form. 56 Executors to give bond &c. In what cafe the judge may order fale of real estate. Creditors to claims. Eftates, confifcated. or Sentence, pursuant to the true intent and meaning of the Law, fhall limit and appoint. And if it fhall hereafter appear that any laft Will and Teftament was made by the faid Deceased, and the Executor or Executors therein named, do exhibit the fame into the faid Court, making Requeft to have it allowed and approved accordingly; if the faid A. B. being thereunto required, do render and deliver the faid Letters of Administration, (Approbation of fuch Teftament being firft had and made) in the said Court, then this Obligation to be void, and of none Effect; or elfe to remain in full Force and Virtue. And Executors fhall become bound in the fame Form, mutatis mutandis. And be it further enacted by the Authority aforefaid, That when the Debts and Charges allowed by the Court of Probate, in the Settlement of any Inteftate Estate, (or of any Teftate Eftate, where fufficient Provifion is not made by the Will of the Teftator) fhall exceed the perfonal Eftate, it shall be lawful for the Judges of fuch Courts refpectively, to order the Sale of fo much of the real Estate as fhall be fufficient to pay the fame, with the incident Charges of Sale, in fuch Manner as fhall appear to them to be most for the Benefit of such Estates; which Sales fhall be good and effectual in Law. And be it further enailed by the Authority aforefaid, That the faid Courts be, and they are hereby impowered to direct the Executors or Adminiftrators on faid Estate, to give public Notice to the feveral Creditors thereof, to bring in their Claims against the fame, within fuch Time as the faid Courts be notified to fhall limit and appoint, not exceeding eighteen Months, nor less than fix bring in their Months, by pofting up the fame in the Town where the Deceafed last dwelt, and alfo by advertising the fame in one or more of the public News-Papers in this State, and any further Notice, in cafe fuch Court fhall judge the fame neceffary. And if any Creditor fhall neglect to exhibit his or her Claim within fuch Time as fhall be limited, after public Notice given as aforefaid, fuch Creditor fhall be debarred of his or her Demand, in the fame Manner as by Law is provided in Cafe of Infolvent Eftates." Provifo. Buildings to be kept in repair. Confiscated eftates, Provided nevertheless, That any Perfons not being Inhabitants in this State, fhall have Liberty to exhibit their Claim against any Eftate which fhall not be reprefented Infolvent, at any Time within two Years after Publication of the Notice aforefaid, and shall be intitled to Payment out of the clear Estate that fhall remain over and above the Payment of those Claims that were exhibited within the Time limited as aforefaid, only; any Thing in this Act to the contrary notwithstanding. And all fuch Houfes and Buildings as appertain to the Estate of any Perfon deceased, shall be kept and maintained in tenantable Repair, by the Revenue of the Lands belonging to fuch Eftate; and fhall in fuch Repair be delivered to the Heirs or Legatees, at the Time of the Divifion or Dif tribution thereof; extraordinary Cafualties excepted. An Act directing certain confifcated Eftates to be fold. E it enated by the Governor, Council, and Representatives, in General Court affembled, and by the Authority of the fame, That all Lands which are forfeited to this State, by any Perfons adjudged guilty of the Crime of having voluntarily put themselves under the Protection and joined with the Enemies of the United States, which are not under Mortgage, or are not already especially ordered to be otherwife fold or difpofed of, fhall, after how difpofed having been advertised in at least one of the common News-Papers of this State for three Weeks fucceffively, be fold at public Vendue, for Specie, on one Year's Credit on Intereft, fecured by fufficient Suretics, or Notes of. which Eftates, confifcated. which are or fhall be given by the Treasurer of this State to the Officers and Privates of the Connecticut Line of the Army, for Services rendered prior to the paffing of this Act, computing the Intereft arisen thereon to the Time of the Sale. Which Sales fhall be made under the Direction of the feveral Judges of Probate, who are legally impowered to grant Adminiftration upon any fuch forfeited Eftates. And it is hereby further ordered, that upon the Sale of any fuch Eftate, or any Part thereof, as fuch Judge shall direct, he fhall transmit to the Treasurer of this State a general Defcription of the Eftate fo fold, together with the Avails of fuch Sales, diftinguishing the Specie from the Notes received thereby, and alfo the Name of the Perfon or Perfons to whom the fame has been fold; and shall also transmit a fimilar Account to the Committee of Pay-Table; each of which fhall make proper Entries thereof in their refpective Offices, in an Account with fuch Judge. And it is alfo ordered, that every fuch Judge, upon the Sale of any fuch Eftate, under his Direction, fhall tranfmit a Deed of Sale thereof to the Treasurer, and indorfe thereon a Request to him to execute it in Favour of the Purchaser; and thereupon the Treasurer fhall execute fuch Deed in Behalf of this State; which Deed, together with the Indorfement thereon, fhall be recorded in the proper Office. Always provided, That no Sale fhall be made of any fuch forfeited Estate until a Return of the Commiffioners appointed to examine the Claims of the Creditors thereof, has been made and accepted; and that no fuch Judge fhall tranfmit more of the Avails of fuch Eftate to the Treasurer than the Surplus of the Debts which remain unpaid, and Charges of Adminiftration and Cofts attending the Negociation of fuch Sale and Transfer; all which are to be liquidated and allowed by fuch Judge; who fhall direct the Payment thereof to the Perfons to whom they are due. Provided alfo, That all Proceedings refpecting the Debts, Sales, and Allowance of Cofts, and every other Matter relative to the Settlement of any fuch Estate, shall be entered in the Registry of the Office of such Judge. And be it further enacted, That every fuch Judge of Probate be directed and impowered to authorize fome proper Perfon to inftitute any Suit in Behalf of this State, for the Recovery and Seizen of any fuch Eftate, which had been mortgaged to the Perfon or Perfons adjudged guilty as aforefaid, before fuch Estate had been adjudged forfeited as aforefaid; and upon any fuch Recovery, fuch Judge fhall, in Cafe the Debt for which fuch Estate was mortgaged, and the Cofts for the Recovery thereof fhall not be paid within fix Months after fuch Recovery, order the fame to be fold, and fhall otherwise be proceeded with as is directed by this Act; and in that Cafe the Mortgager or Mortgagers fhall thereafter be forever debarred from obtaining any Recovery therefor, either in Law or Equity, except for the Surplus that fuch Estate shall fell for, more than the Debt and Coft as aforefaid. Provifo. Provifo. 57 If mortgaged how recover ed and dif posed of. Provided always, That if fuch Eftate fhall be under any Mortgage to Provifo. any other Perfon or Perfons than to him or them who fhall have been adjudged guilty as aforefaid, previous to fuch Adjudication, the same shall be fold under fuch Incumbrance. tled. Be it further enacted, That the faid Judges of Probate fhall proceed to Personal effettle the perfonal Eftates forfeited as aforefaid, according to Law, and tate how fetfhall tranfmit the Avails thereof to the Treasurer, and duplicate Accounts of their Proceedings relative thereto, to the Treasurer and Committee of -Pay-Table, in the Manner heretofore directed by this Act; fo that a compleat Settlement may be made of fuch Eftates, as foon as the Circumftances thereof will admit. |