distributee, or his, her, or their guardian shall receive twenty days' notice, in writing, previous to the granting of such order, to show cause, if any he or they can, against such sale.

be put up to

46. Sec. III. From and after the passing of this act, it shall be the Property to duty of all administrators, of sales to be made by them, to put up the sale to the property to be sold in such manner and quantity as shall be deemed best advanmost advantageous to said estate.

Sec. IV. [Directing the division of estates by order of courtre-enacted with amendments in 1812. See Sec. 69.]

*

tage.

executors,

47. Sec. V. Whenever securities for executors, administrators, or Sureties of guardians, conceive themselves in danger of suffering thereby, and how to be petition the court of ordinary for relief, the said court shall cause the relieved. executor, administrator, or guardian, to be summoned to appear before them at the next sitting thereof, and shall make such order, and give such relief in the case, by counter security or otherwise, as to the said court shall seem just and equitable.

executors,

48. Sec. VI. When it shall be made to appear to the satisfaction The waste of of the court of ordinary, that any executor or executors of an estate estates by are in insolvent circumstances, and that the estate is likely to be how to be wasted by the improper conduct of such executor or executors, it prevented. shall be the duty of said court, by order, to compel such executor or executors to give bond, with approved security, for the faithful execution of the trust reposed in him, her, or them, by the said will; and in case of failure to comply with such order, to grant letters of administration, with the will annexed, to such person as would be entitled thereto if no such executor had been appointed.

vendee of

49. Sec. VII. Where there has been a contract or contracts in Where the writing for the sale of land, and the party to whom titles are to be contracting made dies before such titles are executed, it shall and may be lawful and dies, for the court of ordinary to order the title or titles to be made to the how titles are heirs general of the party deceased.

to be made,

ing vender

50. Sec. VIII. Where any person or persons shall depart this life and where after having entered into any written agreement for the conveyance of the contractany real estate, and the obligee shall also have departed this life, the and vendee executors of the obligor shall in like manner make and execute a conveyance or conveyances to the heirs of the obligee.

both die.

make return

of the date of

zation, which

51. Sec. IX. It shall be the duty of all ministers of the gospel, Clergymen judges, justices of the inferior courts, or justices of the peace, who and others to shall hereafter join together any person in the bonds of matrimony, to on the marmake a return on the marriage license of the actual intermarriage of riage license the parties, and the day on which the same was solemnized, to the the solemniclerk of the court of ordinary, whose duty it shall be to enter the same shall be rein a book to be kept by him for that purpose, for which he shall be corded. entitled to ask and receive the sum of twenty-five cents, which shall be for recording. paid when such license shall be granted; which register, or a certi- The return fied copy thereof, shall be admitted as evidence of such marriage in dance of the any court where the solemnization of such marriage shall be called in marriage. question.

Clerk's fee

shall be

Sec. X. This act shall not affect or operate on any administration This act to be heretofore granted. prospective.

An Act to amend an act to carry into effect the sixth section of the third article of the constitution of this State.-Approved Dec. 7, 1805. Vol. II. 268.

Whereas the constitution of this State, in the said sixth section of

The sureties of administrators and guardians are provided for in Sec. 67. ↑ Sec. 67 directs how suits are to progress in such cases.

Appeal from the court of ordinary alsuperior.

the third article declares, that "the powers of the court of ordinary or register of probates, shall be vested in the inferior courts of each county, from whose decision there may be an appeal to the superior court, under such restrictions and regulations as the general assembly may by law direct," &c.

52. Sec. I. Be it enacted, That in case either party in the said courts of ordinary shall or may be dissatisfied with any decision therelowed to the of, then and in all such cases, such dissatisfied party may within four days after the adjournment of the said court, be allowed to enter an appeal, by paying all costs which may have accrued, and giving security to the clerk of the said court of ordinary for such further costs as may accrue by reason of such appeal, which appeal so entered, shall be by the said clerk transmitted to the clerk of the superior court of the county in which such proceedings may take place, at least ten days before the next superior court of said county; and which said superior court shall determine thereon at such term, according to law and right,* and letters testamentary, or of administration, shall not be granted or issued until the decision of such appeal by the said superior court; but the said court of ordinary may, pending such appeal, grant temporary letters to collect the estate of the deceased.

Temporary letters.

Letters not to

be granted to any but citizens of the

U. S. resident in Georgia.

Witnesses to wills bound

prove the

same.

53. Sec. II. No letters testamentary, or of administration, shall be granted to any person or persons who is or are not a citizen or citizens of the United States, residing in the State of Georgia.

54. Sec. III. All acts heretofore passed, militating against this act, shall be, and the same are hereby repealed.

An act for the more effectually securing the probate of wills, limiting the time for executors to qualify, and widows to make their election. -Approved Dec. 10, 1807. Vol. II. 381.

Whereas there is no law in this State which sufficiently enforces witnesses to wills to prove the same, whereby the wise and benevolent intentions of testators are often defeated, and heirs and legatees deprived of their just rights; for remedy whereof,

55. Sec. I. Be it enacted, &c. That it shall be the duty of all and to attend to every witness to any will or wills, to be and appear at the court of ordinary, on the regular day for the probate of the said will, ready to testify of and concerning the validity of the same; and the courts of ordinary in this State shall have, and they are hereby vested with the same powers and authority that are vested in the superior and inferior courts, for the production and punishment of any witness or witnesses, that may be needful to carry into effect the business of the said courts of ordinary.

Executors

must qualify within 12

months.

And whereas it often happens that persons left as executors to wills refuse to qualify, to the delay of the just claims of creditors, and to the injury of the estate of such testator; for remedy whereof,

56. Sec. II. Be it enacted, That it shall be the duty of all and such every person so left as executor, to be and appear at the court of ordinary at the first regular court for the probate of the same; and in case any such person left as executor should not qualify within one year after the death of their testator, then and in that case their rights to qualify shall be considered to be abated and destroyed, and the said court are hereby prohibited from admitting them to the same.† Sec. III. [Repealed by Sec. 64.]

57. Sec. IV. It shall be the duty of all widows, within one year

To be tried by a special jury, see Judiciary, Sec. 149.

1 But see Sec. 61.

must make

after the death of their husbands, to make their election or portion out Widows of the estate of the deceased; and any such widow so failing to make their election her election, shall be considered as having taken her dower or thirds, within 12 and shall for ever after be debarred from taking any other part or portion of the said estate.

An Act to amend an act, entitled "An act to protect the estates of orphans, and to make permanent provision for the poor," passed Dec. 18, 1792.-Approved Dec. 14, 1809. Vol. II. 560.

months.

al property at

trator's sale.

58. Sec. I. Where any executor or executors, administrator or ad- Claims of reministrators, have or may advertise that it is his, her, or their intention an executor's to apply for leave to sell any real estate as the property of his, her, or or administheir testator or intestate, or having obtained an order of sale, and the said estate shall be claimed by any other person or persons, such claimant by himself, his agent, or attorney, shall file with the clerk of the inferior court or court of ordinary, as the case may be, such claim on oath, a copy whereof shall be served upon such executor or administrator previous to the day of sale; whereupon it shall be the duty of said clerk to transmit such claim to the next superior court of the county where the land lies, and the right of property shall be there tried, upon an issue made up, in the same manner and under the like regulations, restrictions, and penalties as are laid down in the judiciary for the trial of the right of property levied on under executions.

59. Sec. II. Where personal property shall be advertised for sale of personal by any executor or executors, administrator or administrators, and the property. same shall be claimed in manner aforesaid, such claim shall be tried in the superior or inferior court next to be held after such claim filed in the county where such executors or administrators may reside; Provided, such property is in their possession, and if in possession of the claimant, such trial shall be had in the county where the claimant resides, under the same regulations, restrictions, and penalties as aforesaid.

An Act for the more effectually securing the probate of wills, limiting the times for executors to qualify, and widows to make their election, and for other purposes therein mentioned.-Approved Dec. 15, 1810. Vol. II. 668.

court of or

Their powers

60. Sec. I. The inferior court when sitting for ordinary purposes, Inf. court shall be known only as the inferior court sitting for that purpose, and soun that their clerk shall be known as the clerk of ordinary only; and that dinary. the said inferior court when sitting for ordinary purposes, shall have and duty. the original jurisdiction of all testate and intestate estates, appointing administrators and guardians, to qualify executors, administrators, and guardians, and to bind out orphans, and all such other matters and things as appertain or relate to estates of deceased persons, whether testate or intestate.

Whereas it frequently happens that a person appoints in his last will and testament two or more executors, one of whom only qualifies under the said will; and if such qualified executor dies, the other executors nominated in the will of the testator cannot qualify, by which means the estates of the testator are placed in the hands of an administrator de bonis non, with the will annexed, and the person in whom the testator confided prevented from acting; for remedy whereof,

61. Sec. II. Be it enacted, That from and after the passing of this act, it shall and may be lawful for any executor named in the will of