16. Executor living without the State, to give bond in
county where testator lived
17. Effect of filing and recording copies of wills prov-
ed out of the State
18. Executors and administrators to give notice of their
appointment
Mode of perpetuating evidence of such notice
19. Executors or administrators, living out of the State
or removing from the State after appointment,
and neglecting to render an account; or becom-
ing insane, or unsuitable-may be removed
Feme sole, appointed co-executor, shall lose her au-
thority by marriage
20. No administration to be granted, where estate is not
worth twenty dollars or more
21. Disputed claims of exccutor or administrator may
Ꭰ
be referred on agreement with heirs, &c. by writ-
ten submission before Judge
SEC.22. Income of real estate to be accounted for by executor
or administrator, according to appraisment of com-
mittee appointed by Judge
23. Judge may compel by citation, &c. persons entrust-
ed with estate by executors or administrators, to
disclose on oath, &c.
Judge may punish, by committing persons refusing
to disclose
24. Judge may call before him and examine on oath per-
sons suspected by any executor or administrator,
of embezzling estate of persons deceased
25. Insolvent estates to be distributed pro rata among
all the creditors, excepting that taxes, &c. are to
be paid in full
Commissioners to receive and examine claims, to be
appointed; and to make known their time of
meeting
Creditors allowed by Judge, from six to eighteen
months to present and prove their claims
Judge to allow meet compensation to commission-
Creditor whose claim is not allowed by commission-
ers, may have it determined at common law, giving
notice, &c.
Mode of proceeding in such cases
Such claim may be determined by referees, if cred-
itor and executor agree before Judge
Actions brought before estate is rendered insolvent,
to be continued,
Creditors, not making out their claims, as before
provided, to be barred, unless they find some es-
tate not inventoried, &c. or the estate should not
prove insolvent
26. Commissioners to examine creditors under oath as
Court to give judgment and execution on such es-
tate, as if not represented insolvent
If such execution be returned unsatisfied, scire facias
to issue against such executor or administrator,
and judgment thereon for waste
If real estate of deceased be taken on such exe-
cution, it shall be deemed waste in such exec-
utor or administrator
SEC. 29. If executor or administrator neglect to raise mon-
ey, to pay debts of the deceased, so that the
estate be levied upon by execution, it shall be
deemed waste
30. Executor or administrator of deceased creditor may
join with other creditors, in compounding with
debtors, in certain cases, by consent of the
Judge
31. Judge may cause real estate in one or more coun-
ties to be divided among heirs or devisees
Where estate cannot be divided among all the heirs
without injury, &c. Judge to assign the whole to
one or more, they paying the other heirs, their
appraised proportion
Conveyance by heirs or devisees, not to prevent di-
vision under authority of Judge
32. When dower is to be assigned, or partition ordered,
and such estates lies in common, Judge to order
deceased's estate to be first severed by the com-
mittee, they giving notice to all interested
33. Such division accepted and recorded to be binding
on all interested
Provision for appointment of guardians for minors,
and agents for persons absent;-and notice to all
interested, before ordering division
Judge may order such division in whole or part
34. Committees for division, appraisers, commissioners
of insolvency, appointed by Judge, to be under
oath
35. Partitions of real estate so made and accepted, to be
valid, unless altered on appeal to Supreme Court
of Probate
Partition not to be ordered by Judge, when pro-
portions, appear to be uncertain or disputable
36. When messuage, is of greater value than one's share,
mmittee may assign it to one, he paying the
co surplus to party deficient
37. Parties refusing to pay their proportion of the ex-
penses of partition may be compelled by war-
rant of distress from Judge; the account of ex-
penses being first allowed
SEC. 38. Reversion of widow's dower may be divided, on set-
tlement and partition of real estate
39. Widow entitled to necessaries, &c. in settlement of
intestate estates, whether solvent or insolvent
—and to further allowance, if reasonable, in
certain cases
Widow to have allowance, &c. in estates testate and
insolvent
In all insolvent estates where there is no widow,
allowance of personal estate, may be made by
Judge to minors
40. Advances made to children, &c. shall be estimated
in partition and distribution of estates intestate
Mode of estimating such advances
41. Alienage no impediment to receiving distributive
share of personal estate
42. Executor or administrator may require bond of in-
demnity from heirs, &c. demanding share or lega
cy, before payment, if Judge deem it reasonable
43. Executor, if residuary legatee, may have action of
account against his co-executor
44. Who shall be considered executors in their own
Minors above 14 may, if more than ten miles dis-
tant from Probate office, have their choice cer-
tified to the Judge, by Justice of Peace
No executor or administrator to be guardian to
minors interested in same estate
47. Guardians to minors to return inventory in three
months
may in certain cases, with con-
sent of Judge, purchase remainder or reversion,
of tenant in dower, for benefit of minor
49. Judges to appoint guardians to persons non compos,
lunatics, idiots, &c. if Selectmen, after inquisition
certify them incapable
Guardians so appointed, to take care of their per-
sons and estates and to return inventory
50. Proceedings of Judge against persons suspected of
embezzlement of property belonging to idiots, non
compos &c.
51. Guardians of such persons to manage their estate fru-
gally, and support them comfortably
apply to Courts for license to sell real estate,
if necessary
and account with their wards, if restored to rea-
son &c. or with their heirs, &c. if dead
SEC.52. Judges may appoint guardians for children of luna-
tics, &c.
53. Judges may appoint guardians to spendthrifts, idlers,
drunkards, &c.
Mode of proceeding by inquest of Selectmen, &c. in
such cases
Conveyances by spendthrifts after application to
Judge for guardian, to be void in certain cases, if
notice be filed in Register of Deed's office
Guardians of spendthrifts, &c. subject to like duties
as guardians to idiots, &c.
54. Feme sole, appointed guardian to lose her authority
by being married
56. Guardians not to transfer stooks, &c. belonging to
their wards without license of Judge
57. Judge may grant dedimus to administer oaths to ex-
ecutors, administrators and guardians, in certain
61. Judge may fill vacancies of one or more trustees,
occasioned by death, or otherwise
62. Judge may remove trustees whenever they become
disqualified, or unsuitable, and appoint others in
their place
Trustees, so substituted, to give bond, &c.
63. Judge to require new bonds when sureties are insuffi-
cient, on application of persons interested, after
giving due notice
And may require principal to procure new sureties
on application of sureties, after six months from
signing bond, &c.
And may remove principals from their trust, who
do not comply with his order
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