by intermar

or administrator and grant letters of administration, with the will annexed, (or otherwise as the case may require,) to such person as to the said Judge shall seem meet. And the administrator thus appointed shall have the same power and authority to administer the estate of the deceased, not administered by such former executor or administrator, and be subjected to the same duties as if the executor or administrator were dead. And when a feme sole shall jointly with Feme soie apone or more persons, be appointed executrix, or administra-Pointed-exectrix, and after such appointment shall during the life of the her authority other co-executor or co-administrator marry, such marriage riage. shall not make the baron an executor or administrator in her right; but shall operate as an extinguishment or determination of such woman's power and authority. And the other executor or executors, administrator or administrators, may proceed to discharge the trust reposed in them in the same way and manner as if such woman were dead. And the executor of an executor, shall not in consequence thereof, become an executor of the first testator; but in every such case, administration may be granted upon the goods and estate of the first testator, unadministered, with the will annexed, to such person or persons as the Judge of Probate may think fit. And where one or more exthere is more than one executor or administrator, and any or may be remov either of them shall be removed from office by the Judge of ed in case, &c. Probate for any of the causes mentioned in this section, the other executor or executors, administrator or administrators, may proceed to discharge the trust reposed in him or them, in the same manner, as if said executor or executors, administrator or administrators so removed were dead; and may bring actions of account against them, and recover by any proper legal process such effects, and assets as remain in their hands unadministered at the time of their removal.

ecutors, &c.

No administra

tion de bonis non to be granted unless there

personal es

tate of 20 dol

amount; nor

SEC. 20. Be it further enacted, That no administration of the goods or estate of any deceased person, not administered upon by a former executor or administrator, shall be granted be until it shall evidently appear to the Judge of Probate, by lars value, or the oath of the party applying or otherwise, that there is debts to that personal estate of such deceased person to the amount of originally after twenty dollars or upwards, or debts of the like or greater value due from such deceased person unpaid, nor shall administration be originally granted upon the estate of any deceased person after the expiration of twenty years from the death of such person.

twenty years.

utor or admin

before

SEC. 21. Be it further enacted, That when an executor or Disputed administrator shall exhibit a claim in writing, against his claims of exectestator or intestate, to the Judge of Probate, having cogniz-istrator may be ance thereof for allowance, and the same shall be disputed Judge. by any person interested adversely in the allowance thereof, it shall be lawful for the said executor or administrator, and the legatees or heirs whose interest will be affected by

be in writing, &c.

the issue thereof, to submit the determination of such claim to referees who may be mutually agreed upon by the parties Submission to interested; and the Judge of Probate, before whom such submission is made, may receive, approve and allow the report of such referees, made in writing pursuant to the submission, and decree accordingly, Provided, The submission be made in writing, and signed by all the parties interested therein, or their agents duly authorized thereunto, and when any of the parties are minors, by his or their guardians duly appointed,

Income of real

praised by Com

ed by Judge.

SEC. 22. Be it further enacted, That when a dispute shall estate to be ap- arise respecting the occupation, use and improvement of real stice appoint- estate in the hands of the executor or administrator, and the quantum he ought to credit in his account therefor, it shall and may be lawful for the Judge of Probate to appoint three disinterested persons living near the estate, to ascertain the true value thereof; and the report of them, or the major part. or excentor to of them, made thereupon, in writing, after hearing the parsuch income as ties and accepted by the Judge, shall be the sum the executor or administrator shall be charged with, in his account, and no more.

Administrator

account for

appraised.

Judges may

tion, &c. per

sons entrusted

with estate by

exeentors or adininistrators

to disclose on

cath, &e.

SEC. 23. Be it further enacted, That the several Judges of compel by cita- Probate be, and hereby are empowered to convene before them any person that has been or may hereafter be entrusted by any executor or administrator with any part of the estate of the testator or intestate, who shall refuse upon a citation issued by the Judge of Probate for that purpose, to appear before him, and render a full account upon oath of any money, goods or chattels, and of any bonds, accounts or other papers belonging to the estate of the testator or intestate, which he shall have taken into his hands or custody, and of his proceeding for and in behalf of such executor or administrato in his capacity as such. And if such person shall refuse to render account as aforesaid, such Judge may proceed against him in the way and manner herein directed for persons suspected of concealment, who refuse to answer interrogatories upon oath.

Judges may call before

of concealing or

of persons

SEC. 24. Be it further enacted, That each Judge of Probate tem, &e per- within his county, be, and hereby is authorized and empowersons suspected ed to call before him and to examine upon oath, any person embezzling es- suspected by any executor or administrator, heir, creditor, deceased legatee or other person having lawful right or claim to the estate of any person deceased, of having concealed, embezzled, or conveyed away any of the money, goods, or chattels left by the testator or intestate, for the discovery of the same. And if the person suspected as aforesaid, shall refuse refusing to dis- to be examined, or to answer interrogatories, upon oath, recommitting specting the estate which he or she may be suspected of concealing, embezzling or conveying away, it shall and may be lawful for, and the said Judge is hereby empowered to com

Judges may

punish persons

close, &c. by

any

Insolvent estates to be disall

rata among

taxes. are

full.

to receive and

ed; and to

their time of

meeting, &c.

mit such person, so refusing to be examined or answer interrogatories upon oath as aforesaid, unto the common gaol in the county, there to remain until he or she shall consent to be examined and answer interrogatories upon oath as aforesaid, or be released by the consent of the person suspecting him or her, or by order of the Supreme Judicial Court. SEC. 25. Be it further enacted, That when the estate of person deceased shall be insolvent or insufficient to pay all tributed pro just debts, which the deceased owed, the same shall be dis- the creditors; tributed to and among all the creditors in proportion to the excepting that sums to them respectively due and owing, saving that debts to be paid in due for taxes, and debts due to the State, and for the last sickness and necessary funeral expenses of the deceased, are to be first paid. And the executor or administrator appointed to any such insolvent estate before payment to any be made, (except as aforesaid,) shall represent the condition and circumstances thereof unto the Judge of Probate. And the said commissioners Judge shall nominate and appoint two or more fit persons to examine claims be commissioners, with full power to receive and examine all to be appoint claims of the several creditors; and such commissioners shall make known cause the times and places of their meetings to attend the creditors for receiving and examining their claims, to be made known by causing an advertisement thereof to be printed in such public newspaper or papers, or by such other notice as the Judge of Probate shall direct; and six months and such further time not exceeding eighteen months in the whole, shall months to be albe allowed by the said Judge to the creditors to bring in and lowed to creditprove their claims; at the end of which limited time, such Judge, for commissioners shall make their report, and present upon oath claims. a list of all the claims that shall have been laid before them, with the sum they shall allow on each claim unto the said Judge; and the Judge shall order them meet recompense out of Compensation the deceased's estate for their care and labor in examining the claims; and the debts due for taxes, and debts due to the State, debts incurred for the last sickness of the deceased, and necessary funeral expenses as afore provided, being first deducted, shall order the residue and remainder of the estate both real and personal, (the real estate being sold according Estate real and to law,) to be paid and distributed to and among the creditors distributed who shall have made out their claims with the commissioners as aforesaid, in proportion to the sums unto them respectively due and owing, saving unto the widow her right of dower Saving widow's in the real estate of the deceased, which dower, (unless the reversion shall be sold by the executor or administrator, and Reversion may distributed with the other estate which the Judge may order if he see fit, upon application therefor,) at the expiration of her term shall also be distributed among the creditors aforesaid in like proportion: Provided, That notwithstanding the Creditor whose report of any commissioners, any creditor whose claim is lowed by comwholly or in part rejected, may have the same determined at bave it deter

From 6 to 18

ors, by the

proving their

for commission

ers.

personal to be

among creditors, as allowed,

dower.

be sold.

claim is not al

missioners may

mnon law.

Mode of pro

geeding in such ĉases.

may be deter

ees.

No actions

tor or adminis

mined at com- the common law, in case he shall give notice thereof in writing at the Probate office within twenty days after such report shall be made, and bring and prosecute his action as soon as may be, and in case the executor or administrator shall be dissatisfied with any creditor's claim allowed by the commissioners, and shall give notice thereof at the Probate Office, and also to the creditor, within twenty days as aforesaid, such claim shall by the Judge of Probate be struck out of the commissioners' report, unless such creditor shall commence and prosecute at the common law his claim as aforesaid as speedily as the same can be done, or unless the creditor and the executor or administrator shall agree before the Judge to submit the same to referees; in which case the deOr such claims termination of the referees shall be final; and when a claim mined by refer shall be disputed in the course of the common law as afore said, exccution shall not issue as in common cases, but the judgment of the Court respecting the same shall be the amount of the claim, and added to, or deducted from the commissioners' report, as the case may require. And no acagainst execu- tion brought against any executor or administrator after the trator of estate estate shall be represented insolvent, shall be sustained, exvent to be sus- cept for debts due to the State, debts due for taxes, for the deceased's last sickness and funeral charges, unless the executor or administrator having objection to the claim upon which such action shall be brought, shall consent to have the same settled by course of law, in which case the judgment of the Court shall determine the said claim, and it shall be reported by the commissioners, or be added to the list of claims brought before by the Judge of Probate. And all actions brought against dered insolvent, any executor or administrator before the estate is representto be continued insolvent, shall be continued until it shall appear whether ed, &c. the said estate is insolvent or not; and if found insolvent, the Creditors not process shall be conducted as above provided. And if any creditor shall not make out his claim with the commissioners within the time of their commission, or at the common law, or before referees, in the manner this Act provides, he shall be forever barred of his debt, unless such creditor shall find some other estate of the deceased not inventoried or accounted for by the executor or administrator before distribution, or unless it shall appear that such estate is not insolvent.

rendered insol.

tained, unless,

&c.

Actions

estate ren

making out their claims,

&c. as before provided, to be barred unless,

&e.

Commissioners to examine

claims.

SEC. 26. Be it further enacted, That the commissioners creditors under who shall be appointed by any Judge of Probate, to receive oath, as to their and examine the claims of the creditors to the estate of any person deceased, when represented insolvent, shall be and are hereby authorized and empowered to examine, by the oath or affirmation of the creditor, the truth of any claims presented; and the said commissioners, when they are sitting by virtue of such commission, and when it shall be adjudged expedient by a majority of them, may require of such creditor an oath or affirmation, as follows:

You do swear, (or affirm as the case may be,) that you will Form of oath. make true answers to the questions which shall be asked you by the commissioners relative to your claim against the estate of -, (naming the deceased insolvent debtor,) now under consideration. So help you God, (or this you do under the pains and penalties of perjury, as the case may be.) And thereupon such commissioners may inquire of the truth of any writing, demand, or the charges in any accounts exhibited as a claim against such insolvent estate, and whether the same and every part of such claim remains due and unpaid, and may put such other questions relative thereto, as shall be material and tend to discover the truth of such claim.

such oath to be

SEC. 27. Be it further enacted, That any person who shall Violation of take such oath or affirmation, having been administered as deemed perju aforesaid, and shall thereupon wilfully and corruptly make " any false answer or answers to any question or questions material for 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, shall be adjudged guilty of the crime of perjury, and shall be liable to the pains and penalties which are or shall be by law inflicted for the punishment of such crime.

or administrasettle his ac

final report of

creditor may

or adminis

give judgment

SEC. 28. Be it further enacted, That whenever any exec- When executor utor of the last will, or administrator upon the estate of any tor neglects to person deceased, shall neglect to exhibit and settle his ac- count for six count of administration with the Judge of Probate where the months after estate has been represented insolvent, and commissioners commissioners, have reported to the Judge a list of claims, within six months sue or proseafter such report shall be made to the Judge, or within such core the execu further time as the Judge of Probate shall think proper to trator: allow therefor, under his hand and seal, any creditor to such estate may commence and prosecute any action, or may prosecute any action then depending, for his demand against such executor or administrator; and the Court before whom and Court shall such action may be depending, shall proceed to hear and and execution. determine the same and give judgment therein, and award execution thereon, in the same manner as if such estate had not been represented insolvent. And upon the return of such if such execuexecution, duly made, that the executor or administrator re- tion be returnfused or neglected upon due request, to satisfy the same, such &c. refusal or neglect shall be deemed waste; and upon scire scire facias to facias brought, judgment shall be rendered in favor of such be issued to recreditor, to recover his debt with costs, and execution shall be awarded against the proper goods or estate of such executor or administrator, and for want thereof, against his body. And if in consequence of such refusal or neglect, the real If real estate of estate of the deceased shall be levied upon and taken to sat-en on such exe isfy such execution, it shall in like manner be deemed waste also be demned in the executor or administrator upon such estate.

SEC. 29. Be it further enacted, That when any executor

ed unsatisfied,

cover against executor or ad. ministrator for waste.

deceased he rak

cution it shall

waste.