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Proceedings and Acts of the General Assembly January 1637/8-September 1664
Volume 1, Page 109   View pdf image (33K)
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Assembly Proceedings, August 1641. 109

within this Province for remedy Be it Enacted By the Lord
Proprietarie of this Province of and with the assent and appro-
bation of the freemen of this Province That the Leivtent
Generall or in his absence his Deputie or otherwise the first
Councellour resident in the County shall prove Wills and

C & W H

Grant Administracons & exercise all Temporall jurisdictions
to Testamentary causes appertayning And shall doe or cause
to be done right to all persons in all such causes according to
the law of the Province & in defect thereof according to the
Law or lawdable usage of England in the same or like cases
& where the same is uncertain or doubtfull then according to
equity & good concience. And be it further Enacted that the
Leivtent Generall where no party, haveing right to the Succes-
sion of goods of any deceased intestate clameth the adminis-
tracon of the same) Shall have power himself to administer all
estates intestate And that all persons administring shall within
a time to be appointed by the Councell if the Leivtent Gen-
erall adm. or be Exr and if other than by the Lievtenant Gen-
erall with advice of the Councell make Sale of the whole
Estate administred on at an outcry (except the Cattell of the
deceased where the debts of the deceased doe not require it
hoggs excluded from this exception) and Shall at the next
Court of St Maries after the said outcry deliver in the accompt
of the Severall debts debtors and other parcells of the estate
to the Register of the said Court by him to be recorded
Provided Never the less that if any person to whom by reason
of his right to the Succession of the goods of the intestate the
administracon shall be granted or shall be executor by will of
the deceased proved shall put in Sufficient security to the
Leivtent Generall for the Payment of all debts & legacies of
the deceased that then they shall not be obliged to make Sale
of any of the goods of the deceased at an outcry but Shall
appraise as aforesd. the Estate & give account of the Estate to
the Leivtent Generall upon oath as in England Executors
ought to do Likewise tht if any Legatee shall put in Security

p. 74

to the Court to pay the value of the Legacy or such part of it
as the Debts shall require if the rest of the Estate be not Solvent
to Creditors that then that party shall have his Legacie in kind
And in all Cases concerning right demanded from by or out of
those Estates which the Leivtent Generall shall adminir the
Councell of the Province shall be understood Judge and because
according to this & some other Laws some cases may arrise
where the assistance of the Councell will be necessary & the
present Councell may either die or be absent or be disagreeing
equally Therefore it Shall be Law full (in any the cases afore-
said) For the Leivtenant Generall to nominate one or more
Councellours to the Effects aforesaid

p. 75

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Proceedings and Acts of the General Assembly January 1637/8-September 1664
Volume 1, Page 109   View pdf image (33K)
 Jump to  

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