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the court of that county where such mansion-house, or place of residence or abode shall have been: And if such person shall not have had any mansion-house, or place of residence or abode, as aforesaid, and shall have devised any lands, by his will in writing, to any person or persons, then sucht will shall be proved in the court of that county wherein such land shall lie: And if such person shall, by such will, have devised lands, lying in several counties, and shall die in any one of those counties, then the will shall be proved in the court of that county wherein he or she shall happen to die; And if such person devising lands, as aforesaid, shall die in another county, than where any of his or her said lands shall lie, then the proof of such will shall be made in the court of some one of the counties where such lands shall lie, and not in any other county: And the proof of any will once well and sufficiently made in any county, as is above directed, shall be and is hereby declared to be of the same force, effect, and validity, for the disposing of lands, or any other estate, as if the same had been proved in every particular county where any land, or other estate, shall be. And if any person shall

war Administra. depart this life, having first made a will, and the exe- tion, with cutor or executors therein named, shall all of them re- will annexed fuse the executorsbip; in such case, the same court when to be wberein the will should or ought to have been proved, if the executor or executors had accepted and taken upon him, her, or themselves, to discharge the trust. shall have power and authority to hear and determine to whom the right of administration ought to belong, and to grant certificate for obtaining letters of administration, cum testamento annexo. And if at any time hereafter, the will in writing of any person deceased, Heir at law, wherein lands shall be devised, shall be exhibited in any when to

summoned of the said county courts, and motion shall be made, that such will may be proved, then the court so legally moved, according to this act, shall appoint a time for proving the said will, and shall cause the next heir at law to the testator to be summoned to appear and be present at the time of such proof, and to show forth any thing that shall or may be lawfully alledged against such proof: And if there shall be divers heirs at law, in equal degree to the testator, then every one of them shall be summoned, as aforesaid: And if no such heirs be known, either to the court, or the party desiring

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such proof, who shall declare the same upon oath(which oath, the court is hereby impowered and required to administer,) then proclamation shall be made by the sheriff of the county, at the courthouse, at two courts successively; and he shall also set up notes at every church and chappel in his county, of such will being exhibited and desired to be proved, as aforesaid: And that the said proof will be proceeded to, and compleated at the next court which shall be held for the said county, after the expiration of forty days from the making

the last proclamation. Saving to in. II. Provided always, That all persons, who, at the fants and o- time of proving any will at common law, as aforesaid, thers, under wh legal disabil.

her where they may be concerned in interest, shall be unities. der the age of one and twenty years, feme covert, non

compos mentis, imprisoned, or out of the country, shall have liberty to contest the said proof at any time within ten years after their several disabilities and incapacities shall be removed, and at no time after the said ten years.

III. And be it enacted, That if any person, having a Administration of intes. mansion-house, or other place of known residence or tates estates, abode within this dominion, shall die intestate; in such when and case, the court of that county wherein such mansionhow grant

grant house, or place of residence shall be, and not any other ed.

county court, shall have full power & authority to hear & determine the right of administration upon the estate of such intestate, and to grant certificate for obtaining letters of administration thereon, in manner aforesaid. And if such person dying intestate, shall not have had any mansion-house, or place of residence or abode, as aforesaid, then certificate for obtaining an administration upon his or her estate, shall be granted by the court of that county wherein such person shall bave died, and not in any other county. And if it shall so happen,

that any executor shall die intestate, not having fully Administra- performed his executorship; or any administrator shall de bonis non, depart this life, not having fully administered the goods when granted.

of the intestate; in every such case, it shall and may be lawful for the court, that granted the certificate for obtaining such probat, or commission of administration, to hear and determine the right of administration, and to grant certificate for obtaining letters of administration of the goods not administred to such person, as by this act shall have right thereto,

¡V. And be it further enacted, That a probat of any will, or a commission of administration granted and is. Effect of pro

bat, and of sued, upon a certificate froin any county court within administra this dominion, pursuant to, and in manner prescribed tions. by this act, shall impower and enable the executor and exccutors, administrator and administrators, therein named and appointed, and every of them, to sue for, recovel', and receive, by all lawful ways and means what. soever, all and singular the goods and chattels, real and personal, and all and every the estate and estates of their and every of their testator and testators, intestate or intestates, in like manner, as they miglit or could do within the several counties where such certi. ficate for obtaining probats, or commissions of administration, shall be granted respectively.

V. And be it further enacted, That where any per- Whoentitled son shall die intestate, or where the executor or exe- to adminiscutors, and every of them, shall refuse to execute the tration. will of the deceased; in such case, the county court, as aforesaid, shall have full power and authority to hear and determine the right of administration, and accordingly to grant certificate for obtaining commission of administration upon the estate of such intestate, or administration cum testamento annexo, upon the estato of such testator, whose executors shall refuse, as aforesaid, in manner following, that is to say: First to the husband or wife of the deceased if any be; and if none such, then secondly, to the child or children, or their legal representatives, if any be; and if none such, then thirdly, to the parents, father and mother, if any be; and if none such, then fourthly, to the brothers and sisters, if any be; and if none such, then fifthly, to the next of kin, as uncles or aunts: and in case they fail to any others of more remote degree.

VI. And be it further enacted, That if upon the court death of any person, there shall not any will be exhi- grant admin bited to be proved, or some motion made, for the legal istration to proceedings, in order to obtain a certificate for a com- any person

after 30 days. mission of administration to be granted to any of the kindred of the deceased, before, or at the next court which shall be held after the expiration of thirty days from the party's decease, in such county where such certificate ought by this act to be granted; then it shall and may be lawful to and for the said court to grant a certificate for obtaining administration of the estate of

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such deceased to any other person, as the said court, in

their discretion, shall think fit. Effect of a VII. Provided always, That if any will shall afterwill, being wards be exhibited, and a probat thereupon be desirafterwards produced. ed, or if any of the deceased's kindred (not having be

fore refused) shall appear and pray administration upon his or her estate; in such case, certificate for obtaining a probat of the will, or an adıninistration of the estate, shall be granted to such person or persons as shall lawfully desire the same, in like manner, as if any other administration had never been granted.

VIII. Provided also, That nothing herein beforeCourt may! mentioned shall be construed to disable any court from compel the summoning any person or persons whatsoever, having production the will of the person deceased in his, her, or their cusof a will

tody or possession, to exhibit the same to the court, in order to a legal probation thereof; but that any person or persons may be compelled, by summons, or other .lawful process, as the court shall think fit, to produce such will, being in his, her, or their possession, for the just and legal proceedings to be had thereupon; any thing herein, or in any other act, or any law, custom, or usage to the contrary hereof, in any wise notwith

standing. Probates and

nd IX. And all probats, commissions of administration, commissions of adminis- and of administrations cum testamento annexo, as the tration to be several cases shall require, issued upon certificate grantsigned by go- ed according to this act, signed by the governor, or vernor or commander in chief of this colony, for the time being, thorised by and sealed with the seal of the colony, or signed by such him. other person or persons, being one or more of the ma

gistrates in commission of the peace, and authorized by commission for granting probats from the governor, or commander in chief of this her Majesty's colony and dominion, for the time being, and sealed with the seal of the court where the same shall be granted, (which seal the court is hereby impowered and required, at the charge of the county, to provide,) shall be, and are hereby enacted and declared to be, to all intents and purposes, good and effectual in law, to impower and enable the executors and administrators therein named, to possess themselves of the estates of their testators or intestates, and to act and do all other matters and things, by virtue thereof, as any executor or administrator may

and admini

or might lawfully do, by any ways or means whatsoever.

X. And be it further enacted, That before any person Executors or persons shall obtain a probat of any will or a com and

trators to inission of administration of any estate shall be grant- take an oath. ed to any person or persons, so as such adoninistrator or administrators shall be thereby legally qualified to act, the said executor's or administrators, and every of them respectively, as the case shall require, shall take the following oaths, to wit:

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THE OATH OF AN EXECUTOR. VOU shall swear, That this writing contains the 1 true last will of the within named A. B. deceased, curs

cutor. as far 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 truc and perfect inventory of all the said goods, chattels, and credits. So help you Goi.

THE OATH OF AN ADMINISTRATOR. V OU shall swear. That A. B. deceased, died with- Oath of adT out any will, as far as you know or believe; and ministrator. that you 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, chattely, and credits, will thereunto extend, and the law require you; and that you will make a true and perfect inven. tory of all the said goods, chattels, and credits, as al. 80 a just account, when thereunto required. So help you God.

XI. And for the better securing the estates of persons deceased, or which shall hereafter depart this life.

XI). Be it enacted, That where the court shall have ground to suspect, either from their own knowledge, Bond and se or the suggestions of the creditor's or legatees of any curity, when person deceased, that the executor or executors of the to testator will indirectly and fraudulently administer the estate to the prejudice of the creditors or legatces there. in concerned; and also wherein any administrations are to be obtained, as aforesaid, there shall not be grants

C-Vol. 4.

be taken.

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