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Proceedings and Acts of the General Assembly January 1637/8-September 1664
Volume 1, Page 64   View pdf image (33K)
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64 Assembly Proceedings, February March 1638/9.

Liber
C & W H

An Act For Succession to Goods

Be it Enacted By the Lord Proprietary of this Province of
and with the advice and approbation of the Freemen of the
same That all Wills and Testaments made & published or to
be made or published by any persons within this Province (and
not afore proved) Shall be exhibited and proved by and before
the Secretary of the province for the time being (or in want
or absence of a Secretary) by any one of the Councill there-
unto authorised or deputed by the said Secretary or by the

p. 35

Leiutenant Generall) who Shall have power by Vertue of this
Act to keep a Record and to use a lesser Seal for probates
and other matters perteining to his Office and to convent or
cite any witness or other persons by processe out of the Chan-
cery, to take recognisances to administer an oath or oaths to
any parties or witnesses to determine touching the Validity or
in Validity of Testaments and to do all other things necessary
for such probate and for the makeing of Inventaries takeing
of accompts and giveing of discharges of full Administration
and for the recording the same
And where any person dieth intestate or in the nature of in-
testate the said Secretary or the Deputy as afore Shall committ
the Administracon of the intestates goods to the widdow of
the Deceased (if there be any liveing within the province) and
if there be none or that the Widdow refuse it then to the
eldest Son or otherwise the eldest Daughter of the deceased
(if there be any Capeable of that charge liveing within the pro-
vince) and if there be none or that such eldest child refuse it
then to the eldest brother or sister of the deceased intestate
capeable thereof liveing within the province and if there be
none or that such Brother or Sister refuse it then to the neerest
of kinne capeable thereof liveing within the province and if there
be none or that such neerest of kinne refuse it then to the
greatest Creditor of the deceased clayming or accepting thereof
Provided that if the partie to whom the Administration is
due by Vertue of this Act be in these parts at the time of the
decease of such intestate partie and absent from St Maries
such partie to whom the Administration is due shall be ex-

p. 36

pected for two months to clayme and take the administration
and in the mean time the said Secretary or his Deputie shall
take such order for saveing and preserveing of the deceaseds
goods as to him shall seem most expedient
And further provided that where any one haveing right to
the administration as aforesaid shall not undertake well and
truely to Satisfie all the due debts of the deceased to all
Creditors liveing within the province then no appraisement
shall be made of any goods of the deceased neither Shall any



 
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Proceedings and Acts of the General Assembly January 1637/8-September 1664
Volume 1, Page 64   View pdf image (33K)
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