XIII. No nuncupative will shall be proved within Nuncupative fourteen days after the death of the testator, nor until wills, when proved. his widow (if any) and next of kin shall have been summoned to contest the same if they please.

XIV. If the general court, or any county, city, or Production of corporation court, having jurisdiction as aforesaid, wills, how compelled. shall be informed that any person hath the will of a testator in his custody, such court may summon such person, and by a proper process compel him to produce the same.

Administra

XV. If the executors named in any will shall all refuse the executorship, or being required to give securi- tion with the ty, as herein after-mentioned, shall refuse, or fail to will annexed, give the same, which shall amount to a refusal, of the when. executorship, in either case, the court having jurisdiction as aforesaid, may receive the proof of the will, and grant a certificate for obtaining letters of administration with the same annexed, to the person to whom adininistration would have been granted if there had been no will of the deceased.

annexed.

XVI. Before granting a certificate of the probat of Oath of exeany will, the executor or administrator with the will cutor or adannexed, as the case shall be, shall in open court take ministrator, the following oath, to wit: "You shall swear that this with the will writing contains the true last will of the within named as far as you know or believe; and that you will well and truly perform the same, by paying first his debts, and then the legacies contained in the said will, as far as his goods, chattels, and credits will extend and the law charge you; and that you will make a true and perfect inventory of all the said goods, chattels, and credits, as also a just account when thereto required." And shall also give bond in such pen- Bond. alty as will be equal to the full value of the estate at the least, and with such security as shall be approved of by the court, with the following condition, to wit:--"The condition of this obligation is, that if the said executor of the last will and testament (or administrator with the will annexed, of all the goods, chattels, and credits) of

deceased, do make a true and perfect inventory of all
and singular the goods, chattels, and credits of the
said deceased, which have or shall come to the hands,
possession, or knowledge of
, the said
er into the hands or possession of

To whom bond paya.

be thereto required by the said court; and the same
goods, chattels, and credits, do well and truly admin-
ister according to law; and make a just and true ac-
count of
actings and doings therein,
when thereunto required by the said court; and further,
do well and truly pay and deliver all the legacies con-
tained and specified in the said will, as far as the said
goods, chattels, and credits will extend, according to
the value thereof, and as the law shall charge

; then this obligation to be void, or else to remain in full force."

XVII. Which bond shall be payable to the judges or justices sitting in court, and their successors, and ble, and how shall not become void upon the first recovery, but may prosecuted. be put in suit and prosecuted from time to time, by, and at the costs of any party injured, by a breach thereof, until the whole penalty be recovered thereupon.

When no se.

ed.

XVIII. But where any testator shall leave visible curity requir estate, more than sufficient to pay all his debts, and by will shall direct that his executors shall not be obliged to give security, in that case no security shall be required, unless the court shall see cause from their own knowledge, or the suggestions of creditors or legatees to suspect the executors of fraud, or that the testator's personal estate will not be sufficient to discharge all his debts, and shall require security, when the same shall be given, before a certificate shall be granted, notwithstanding any directions to the contrary in the testator's will.

Power of ex ecutors be. fore probat.

Curator appointed, du ring contest about a will.

XIX. The power of executors over their testator's estates before probat of the will, is not hereby restrained, but shall continue as heretofore.

XX. During any contest about a will, or in the absence of executors, or whenever the court, from any other cause, shall judge it convenient, they may appoint any person or persons to collect and preserve the estate of any decedent, until a probat of his will, or administration of his estate, be granted, taking bond and security for collecting the estate, making an inventory thereof, and safe keeping and delivering up

the same, when required, to the executors or adminis

trators.

will, when

nounce.

XXI. When any widow shall not be satisfied with Widow dissathe provision made for her by the will of her husband, tisfied with she may within one year from the time of his death, and how she before the general court, or court having jurisdiction may reof the probat of his will as aforesaid, or by deed, executed in the presence of two or more credible witnesses, declare that she will not take, or accept the provision made for her by such will, or any part thereof, and renounce all benefit which she might claim by the same will, and thereupon such widow shall be entitled to one-third part of the slaves whereof her husband died possessed, which she shall hold during her life, and at her death they and their increase shall go to such person or persons to whom they would have passed and gone if such declaration had not been made; and she shall moreover be entitled to such share of his other personal estate as if he had died intestate, to hold to her as her absolute property; but every widow, not making a declaration within the time aforesaid, shall have no more of her husband's slaves and personal estate, than is given her by his will.

XXII. And that if any widow possessed of a slave or slaves as of the dower of her husband, shall remove, or voluntarily permit to be removed out of this commonwealth, such slave or slaves, or any of their increase, without the consent of him or her in reversion, such widow shall forfeit all and every such slave or slaves, and all other the dower which she holds of the endowment of her husband's estate, unto the person or persons that shall have the reversion thereof; any law, custom, or usage to the contrary, notwithstanding.

Her dower thereupon.

Widow removing dow. er slaves.

Husband of

widow removing dow. er slaves.

XXIII. And if any widow possessed as aforesaid, shall be married to a husband who shall remove, or voluntarily permit to be removed of this commonwealth, any such slave or slaves, or any of their increase, without the consent of him or her in reversion; in such case it shall be lawful for him or her in reversion to enter into, possess, and enjoy all the estate which such husband holdeth in right of his wife's dower for and during the life of the said husband. XXIV. All original wills shall be recorded, and Wills to be shall also remain in the clerk's office of the court remain in recorded, and wherein they are respectively proved, except during clerk's office.

VOL. XII.

T

Intestate's

such time as they may be in any superior court, having been removed thither for inspection by certiorari, or otherwise, after which they shall be returned to the said office.

XXV. When any person shall die intestate as to his estates, how goods and chattels or any part thereof, after funeral, distributed. debts, and just expences paid, if there be no child, one moiety, or if there be a child or children, oneWidow's third of the surplus shall go to the wife, but she shall dower there- have no more than the use for her life of such slaves as in.

shall be in her share, and the residue of the surplus, and after the wife's death, the slaves in her share, or if there be no wife, then the whole of such surplus shall be distributed in the same proportions, and to the same persons, as lands are directed to descend in, and by an act of general assembly, intituled "An act directing Husband not the course of descents." Nothing in this act containbound to dis- ed, shall be understood so as to compel the husband to make distribution of the personal estate of his wife dying intestate. Where any children of the intestate, or their issue, shall have received from the intestate, in in his life-time, any personal estate by way of advancement, and shall choose to come into the distribution with the other persons entitled, such advancement Hotchpot. shall be brought into hotchpot with the distributable surplus.

tribute estate of his wife,

dying intes

tate.

Jurisdiction

administra

tion.

XXVI. The general court, and the several courts, in granting respectively, shall have the like jurisdiction to hear and determine the right of administration of the estates of persons dying intestate, as is herein before mentioned, as to the proof of wills, in respect to the intestate's place of residence, or death, or where the estate shall lie, and shall grant certificates for obtaining such administration to the representatives who apply for the Who to be same, prefering first the husband or wife, and then prefered. such others as are next entitled to distribution, or one or more of them, as the court shall judge will best manage and improve the estate.

When ad

XXVII. If no such person applies for administraministration tion within thirty days from the death of an intestate, granted to creditor. the court may grant administration to any creditor or Creditor may creditors who apply for the same, or to any other person the court shall in their discretion think fit: But if to others, or any will shall afterwards be produced, and proved by proof will. executors, or the wife or other distributee, who shall

be superse

ded, by grant

not have before refused, shall apply for the administration, the same shall be granted, in like manner as if the former had not been obtained.

Oath of ad

XXVIII. Before granting a certificate for the administration of any estate, the person or persons to ministrator. whom the same is granted; shall in open court take the following oath, to wit: "You shall swear that

deceased, died without any will, as far as you know or believe; and that you will well and truly administer all and singular the goods, chattels, and credits of the said deceased, and pay his debts as - far as his goods, chattels, and credits will extend, and the law require you; and that you will make a true and perfect inventory of all the said goods, chattels, and credits, as also a just account when thereunto required. So help you God."

XXIX. And shall also give bond, in a penalty at least equal to the value of the estate, and with such security as shall be approved by the court; with the following condition, to wit: "The condition of this obligation is, that if the said

admin❤

istrator of the goods, chattels, and credits of
deceased, do made a true and perfect inventory of all
and singular the goods, chattels, and credits of the said
deceased, which have or shall come to the hands, pos-
session, or knowledge of
the said

or in the hands or possession of

any other person or persons, for
and the same so made do exhibit into the

;

court,
when he shall be thereto required
by the said court; and such goods, chattels, and cre-
dits, do well and truly administer according to law;
and further, do make a just and true account of his
actings and doings therein, when thereto required by
the said court: And all the rest of the said goods,
chattels, and credits, which shall be found remaining
upon the account of the said administrator, the same
being first examined and allowed by the justices of the
said court for the time being, shall deliver and pay
unto such persons respectively as are entitled to the
same by law; and if it shall hereafter appear that any
last will and testament was made by the deceased, and
the same be proved in court, and the executor obtain
a certificate of the probat thereof, and the said

do in such case, being required, render and deliver up his letters of administration, then this obli

Bond.