GASR_Colonial_Bills_17601118

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Session of November-December, 1760: Bills, November 18

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said A: B. or into the hands of Possession of any other Person or Persons for him, do well and truly administer according to Law, and further, do make, on cause to be made, a true and just Account of his said Administration within onr year after the Date of these Presents, and all the Rest and Residue of the said Goods, Chattels, and credits, which shall be found remaining upon the said Administration's Account, the Same being first examined and allowed of by the Governor and Council, General Court, our Precinct Court, shall deliver and pay unto Such Person on Persons, respectively, as the same. Shall be due unto, pursuant to the true Intent and Meaning of this Act; and if it shall appear that any last Will and Testament was made by the Deceased, and by the Executor or Executors therein named, do exhibit the same into Court, making Request to have it allowed and approved accordingly, if they said A: B. above bound, being there unto required do render and deliver the said Letters of Administration (Approbation of such Testament being first had and made) in the said Court; then this Obligation to be void, and of none Effect; orelse to reain in full Force and Virtue.

Which Bonds are hereby enacted and declared to be good, to all Intents and Purposes and pleadable in any Count of Justice; and shall be transferred on assigned, by the Governor or Commander in Chief for the Time being to any Person or Persons injured, who shall and may maintain an Action thereon.

6th And be it further Enacted by the Authority aforesaid, that no Executor or Administrator shall hereafter, take, or hold himself (according to the Value of the Appraisment) more of the Deceased's Estate, than amounts to his necessary Charges and Disbursements, and such Debts as he shall legally pay within Twelve Months after Administration granted; but that all such Estate so remain =ing shall immediately after the Expiration of Twelve Months, be equally and indifferently divided and paid to

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to such Persons to, whom the same is due by this Act, opn the Will of the Deceased, such Person or Persons, or some other for them, giving good Security, that if any Debt or Debts truly owing by the Deceased, shall be afterwards sued for and recovered, on otherwise duly made appear, that them and in every such case, he or they shall respectively refind and pay back to the Executor or Administrator, his or her notable a part of that Debt or Debts, with the Charges of the Executor or Administrator, by Reason of such Debt or Debts, out of the Part or Share so as aforesaid alotted to his or her, thereby to enable the Said Executor or Administrator, to pay and Satisfy the Said Debt or Debts, so discovered after Distribution made as aforesaid.

7th And be it further Enacted, by the Authoirty aforesaid, That where any Persons shall die Intes= =tate, Administration shall be granted to the next Kin to the Deceased, provided such Persons make Claim for the same in the Secretarys Office, on Precint Count, before the next General Court following the Death of the Intestate, before which Time Administration shall not be granted to any Person; and for want of such, to the greatest Creditor, proving his Debt, upon Oath, before the Governor or Commander in Chief for the Time being; the General or Precinct Court: And in Case any pretending a Right to Administration shall before the next General Court following the Death of such Intestate, enter a caveat, in the Secretary's Office, against any other Persons having Administration, the Secretary or his Deputy, shall forbear to Seal on counter-sign any Letters of Administration till the Case in Controversy shall be heard and determined by the governor or Commander in Chief, and Council, for the Time being. 8th CH

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8th And be it further Enacted by the Authority aforesaid, that Creditors of any Person deceased, Shall make their Claim seven years after the Death of such Debtor; otherwise Such Creditor shall be forever barred; And if it Shall happen that any Sum or Sums of Money Shall hereafter remain in the Hands of any Administrator, after the Term of Seven years Shall be expired, and not recovered by any of Kin to the Deceased, or by any Creditor in that Time; the same shall be paid to the Church wardens and Vestry, to and for the Use of the Parish where the said Money shall remain.

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