court,

and October, return to the clerk of the general court, ed to clerk of general a list of all certificates granted in his court for probats and administrations, within the preceding half year, in this form [date of certificate] [name of testator or intestate] [names of securities] [penalty of bond] which lists, together with such certificates as are granted in the general court, shall be entered by the clerk of the general court, alphabetically, in books for that purpose.

XXXV. Every court granting a certificate for a Appraisers, probat or administration, shall nominate three or more appraisers in every county, city, or corporation, where any of the personal estate of the decedent shall be, who being sworn before a justice of the peace, for that purpose, shall truly, and justly, to the best of their judgment, view and appraise all the personal estate, to them produced; and shall return such appraisement under their hands to the court ordering the same; which appraisement, if signed by the executor or administrator, may be considered as an inventory of such part of the estate as had theretofore come to his hands.

XXXVI. Inventories and appraisements may be gi- Inventorics ven in evidence in any suit, by or against the executor and appraise. ments, how or administrator, but shall not be conclusive for or afar evidence. gainst him if other testimony be given that the estate was really worth, or was, bona fide, sold for more or less than the appraisement.

XXXVII. Each appraiser shall be entitled to thirty pounds of tobacco, per day, for his attendance, to be Appraisor alpaid by the executor or administrator, and charged to

the estate.

lowance.

Sale of per:

XXXVIII. Executors and administrators, whether it be necessary for payment of debts, or not, shall as soon as convenient, after they are qualified, sell at pub- ishable good lic sale, all such goods of their testator, or intestate, specific legacies excepted, as are liable to perish, be consumed, or rendered worse by keeping, giving such credit as they shall judge best, and the circumstances of the estate will admit of, taking bond and good security of the purchasers, and shall account for such goods according to the sales. If more be sold than will pay the debts and expences, the executor or administrator may assign the bonds for the surplus, to those entitled to the estate, and be discharged as to so much.

Sale of other

tate; slaves

last.

XXXIX. If such perishing goods be not sufficient personal es- for paying the debts and expences, the executor or administrator shall proceed in the next place to sell the other personal estate, disposing of the slaves last, until the debts and expences be all paid, having regard to the privilege of specific legacies.

When no appraisement necessary.

als and li quors, for use of family.

XL. Nevertheless, if the testator direct his estate not to be appraised, it shall be sufficient to return an inventory thereof ouly; and if he direct his estate not to be sold, the same shall be preserved in specie, unless a sale be necessary for the payment of debts.

XLI. The dead victuals and liquors, which at the Dead victu- death of any testator or intestate shall have been laid in for consumption in his family, shall not be sold by the executor or administrator, but shall remain for the use of such family without account thereof to be made: If, however, before its final consumption, any child shall leave the family, such child shall have a right to carry with him an equal share of what shall then be on hand. Any live stock which may be necessary for the food of the family, may also be killed for that use, at any time before the sale, division, or distribution of the estate.

Sale of lands devised to be sold, how made.

Rules as to servants, slaves and crops.

XLII. The sale and conveyance of lands devised to be sold, shall be made by the executors, or such of them as shal! undertake the execution of the will, if no other person be thereby appointed for that purpose, or if the person so appointed shall refuse to perform the trust, or die before he shall have completed it.

XLIII. If any person shall die after the first day of March, the servants and slaves of which he was possessed, whether held for life or for other interest, and which were employed in making a crop, shall be continued on the plantations in the occupation of the decedent, until the last day of December following, and then delivered to those who shall have a right to demand the same; and their crops shall be assets in the hands of the executors and administrators, subject to debts, legacies, and distribution; the levies and taxes, their tools, the expence of feeding them and their families to that time, and delivering them well clothed, being first deducted. And if such servants or slaves be held by the testator or intestate for his life only, in that case the executor or administrator shall be obliged to deliver to those who are entitled in remainer or reversion, three

barrels of Indian corn for every such servant or slave, old and young, to be allowed in their accounts of administration.

XLIV. If a testator or intestate shall die after the Emblements: first day of March, all the emblements of his lands, which shall be severed before the said thirty-first day of December following, shall, in like manuer be assets in the hands of the executor or administrator; but all such emblements growing on the lands on that day, or at the time of the death of the testator or intestate, if that event happen after the thirty-first day of December, and before the first day of March, shall pass with the land to the heir, devisee, reversioner, or remainder

man.

XLV. If there be tenant for life of lands or slaves let Tenant for or hired to another, at the death of such tenant for life, life dying. if that event happen after the first day of March, the lessee, or person hiring, shall hold the lands and slaves until the last day of December following, paying rent or hire to that time, and in the case of slaves, delivering them well clothed:

XLVI. The rent of land or hire of slaves shall be Rent & hire apportioned between the executor or administrator of apportioned. him who having a freehold, or other uncertain estate in the land, and the use for life, or for other uncertain term in the slaves, shall die before the rent or hire become due, and him who shall succeed to the land and slaves, as heir, devisee, or person in reversion or remainder, unless in the case of a devisee, the contrary be directed by the testator.

Debtor ap

LXVII. The appointment of a debtor executor shall in no case be deemed an extinguishment of the debt, pointed exe. unless it be so directed in the will.

cutor.

estates, when

made.

Bond to re.

XLVIII. No distribution shall be made of an intes- Distribution tate's state until nine months after his death, nor shall of intestates, an administrator be compelled to make distribution at any time, until bond and security be given by the persou entitled to distribution, to refund due proportions of any debts or demands, which may afterwards appear against the intestate, and the costs attending the recovery of such debts.

fund.

Allowances

to executors and adminis

LXIX. Executors and administrators shall be allowed in their accounts all reasonable charges and disbursements which they shall lay out and expend in the trators.

ว

funeral of the deceased, and other their administration, and in extraordinary cases may be allowed such recompence for their personal trouble, as the court on passing their accounts shall judge reasonable.

¡Debts of first L. The executors or administrators of a guardian dignity, guar- of a committee, or of any other person, who shall have dian to ward, been chargeable with, or accountable for the estate of a ward, an ideot, or a lunatic, or the estate of a dead person, committed to their testator or intestate by a court of record, shall pay so much as shall be due from their testator or intestate, to the ward, ideot, or lunatic, or to the legatees or persons entitled to distribution, before any proper debt of their testator or intestate.

l'ower of ten

LI. Where any persons shall die seized of lands held ant to devise for life of another, such person may, by his or her last will and testament, in writing, made and proved as is herein before directed, for the devise of lands, devise all bis interest in such lands, which shall, if necessary. be assets in the hands of such devisee. And if no such devise be made, such lands for the residue of the term, shall be assets in the hands of the heir, if it shall come to him by reason of a special occupancy, in the same manner as lands descending in fee simple; and if there shall be no special occupant, it shall go to the executors or administrators of the person so dying seized. and be assets in their hands, subject to debts, legacies, and distribution.

Suits against executors or

administra.

tors.

Tresspass.

Executors of executors;

LII. Executors or administrators may sue or be sued upon all judgments, bonds, or other specialties, bills, notes, or other writings of their testators or intestates, whether the executors or administrators be, or be not named in such instruments, and also upon all their personal contracts.

LIII. Actions of trespass may be maintained by or against executors or administrators, for any goods taken and carried away in the life-time of the testator or intestate; and the damages recovered shall be in the one case for the benefit of the estate, and in the other out of the assets.

LIV. Executors of executors shall do and perform all things in the execution of the will of the first testator, which shall remain undone at the death of the first executor; and shall and may sue or be sued in ali things respecting the estate, in the same manner as such first executor could or might have sued or been sued.

riff, when,

LV. If all the executors named in any last will, Estate comshall refuse to undertake the executorship, or being re-mitted to shequired to give security, shall refuse to give, or be una- his power & ble to procure the same, and no person will apply for duty. administration with the will annexed: Or if no person will apply for administration of the goods and chattels of any intestate, it shall be lawful for the general court, or other court having jurisdiction of such probat or administration as herein before mentioned, after the expiration of three months from the death of the testator or intestate, to order the sheriff of the county, city, or corporation, to take the estate into his possession, and make sale of so much thereof by public auction, as the payment of debts shall make necessary, or as shall be perishable, or be directed by will to be sold: And all sales and conveyances, bona fide made by the sheriff or his deputies, in consequence of such order, shall be as effectual to the purchasers, as if they had been made by the testator or intestate in his life time. The estate shall be sold upon such credit, as the court shall direct, and upon public notice previously given, the purchasers giving bond and good security for payment according to the limited time of credit. The sheriff may sue, if necessary, for the recovery of debts, or of goods and chattels, and shall make a true and perfect inventory of the whole estate, and an account of sales, and shall return the same, together with the bonds, to the court by whom he was ordered to sell, without delay, who shall first direct the payment of such debts as shall be proved before them, and proportion the assets amongst the creditors, without regard to the dignity of debts, where there shall not be sufficient to pay the whole; and then order the surplus, if any, to the legatees or next of kin to the decedent, according to the directions of the will, or of this act. Whereupon the sheriff, or deputy, shall assign the bonds, and deliver the estate remaining unsold, to the creditors, or others, according to such order, retaining nevertheless his commissions, which shall be the same upon the estate by him sold, as is allowed for goods taken in execution: and where the whole estate is not sold, he shall moreover be allowed his resonable expences and disbursements in the care of the part unsold.

LVI. All sales and conveyances of lands heretofore Sales by sherbona fide made by a sheriff, under an order of court, iffs confirmed

VOL. XII.

U