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Bacon's Laws of Maryland
Volume 75, Page 314   View pdf image (33K)
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JOHN HART, Esq; Governor.
1719.
Debts as may thereafter appear; whereby such Administrator has the sole Benefit
of such Goods and Chattels, as he had no other Pretence of Right to,
save for the satisfying himself a Debt, and perhaps but a small one, out of
the Deceased's Estates:  For the more just and better Application of which
Residues for the future;

    II.  Be it Enacted, by the Right Honourable the Lord Proprietor, by and with
the Advice and Consent of his Lordships' Governor, and the Upper and Lower
Houses of ASsembly, and the Authority of the same, That every such Administrator
as aforementioned, shall be obliged to pay and satisfy the Balance of
such Estates to one of the * Public Treasurers of this Province, for the TIme
being, in the same Manner as such Administrator should have been obliged to
pay the same to any legal Residuary Legatee by Law, in case any should
have appeared; to be applied to the Use of Schools, in the same Manner as
the additional Duty of Twenty Shillings per Poll on Irish Servants and Negroes,
is directed; save that whereas by the Act for the better Administration 
of Justice in Testamentary Affairs, &c. sundry Particulars of Goods and Chattels
are directed to be paid in Specie, according to Appraisement, to the Residuary
Legatees, in this case such Administrator shall be obliged to pay the
said Balance of such Estate, according to the true Value thereof, in Current
Money, for the Payment whereof he shall be allowed Twenty per Cent, (That
is to say) Ten per Cent over and above the Ten per Cent usually allowed.
    * By 1729, ch. 24, §. 17, the Balance of Intestates Estates directed by this Paragraph to be
paid to the Public Treasurers, shall hereafter be paid to the Visitors of the Public School of the
County wherein the Deceased resided:  And that the Administrator shall pay such Balance in
Current Money, or in Specie, at the Direction of the Visitors; and if paid in Money, he shall
be allowed 10 per Cent; if in Specie, 5 per Cent, and no more.

    III. Provided, That in case such Administrator be of Kin to the Deceased,
within the Fifth Degree of either Consanguinity or Affinity, that then
such Administrator, and all others that are as nearly related to the Deceased
as such Administrator, shall have as good a Right to such Residue, as if he or
they were Brothers, or Sisters Children to the Deceased, and such Balance
shall be distributed accordingly.

    IV.  Provided nevertheless, That in case there be a Widow, no Collaterals
shall be admitted, other than those directed by an Act of Assembly of
this Province, entitled, An Act for the better Administration of Justice in Testamentary
Affairs;
but such Widow shall have the whole Residue od such Estate;
any thing herein before contained to the contrary thereof in any wise notwithstanding.

    V.  Provided nevertheless and be it Enacted, by the Authority, Advice
and Consent aforesaid,
That in case such Residue shall happen to be paid to such 
Treasurer as aforesaid, in Default of legal Representatives as aforesaid, and
that any legal Representatives of no remoter Degree amongst Collaterals than
Brothers or Sisters Children, shall at any Time appear, and prove him, her,
or themselves, to be such legal Representative or Representatives, that then
the Treasurer that received the Residue if such Estate, if then in his Hands,
or the Public Stock of Schools, if applied to their Use, shall be liable, and 
are hereby obliged to refund to such legal Representative, the Sum that they
received on Account of such Residue; and that the same Treasurer or Public
Stock as aforesaid, (in case the Administrator shall be obliged to pay any further
Debts of Duties that were due from the Deceased,) shall likewise refund
to such Administrator the Value of what such Administrator shall be so obliged
to pay.
    By 1729, ch. 24, §. 20, in case such Residue shall be paid to the Visitors, (see the Note on
§. 2.) and legal Representatives of no remoter Degrees, &c. shall afterwards appear, &c. then
shall the Visitors restore the same to such legal Representatives if in their Hands:  But if actually
applied ti the Use of the School, then the Public Stock of such School shall be liable to make
Satisfaction:  And the Visitors shall give an Order for the same on the Public Treasurers, who

CHAP.
   XIV.






How the Residue
of Intestates 

Estates
shall be 
disposed of
who leave no
legal Representatives, 
for
the Benefit
of Schools.
















Administrators,
of Kin
to the deceased
within the

5th Degree
have Right to
the Residue.


In what case
a Widow
shall have the
whole Residue.




If legal Representatives

afterwards
are proved,
the Schools
shall refund.


 
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Bacon's Laws of Maryland
Volume 75, Page 314   View pdf image (33K)
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