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Proceedings and Acts of the General Assembly, April 1684-June 1692
Volume 13, Page 431   View pdf image (33K)
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Assembly Proceedings, May 10-June 9, 1692. 431


this Province, and all Legacies speedily Recorded and filiall :
portions & Orphan Estates duly secured and easily obtained
ordained to the true intent of the Laws heretofore made now
still in force or hereafter to be made Bee it Enacted by the
King and Queens most Excellt Majesties by the advice and
consent of this present Genll Assembly and by the Authority
of the same. That the Judge or Comissary Generall for the
Probate of Wills and granting of Administrations shall hold
his Court onc't in two months at the least or oftner as the
case shall require, regard being had to the distance of habita-
tion of the suiters of the said Court and the dispatch of For-
rainers who have frequent occasions to seek Justice in the
Court for probate of Wills and Granting Administration before
the Judge thereof. And for as much as certainty is the mother
of repose and that our dependance upon England oblige us

Lib. L. L.
No. I.

to make all our Laws as near as may be consonant to the
Laws of England Bee it further enacted by the authority
aforesaid That the Judge for the probate of Wills & granting
Letters of Administrations within this Province in all causes
relating to Wills and granting Letters of Administrations
shall proceed according to the Laws of England now in
force or hereafter to be in force wthin twelve months after
such Law shall be Published in the Kingdome of England
if pleaded before him here, saving in such cases as shall
in this Act be limmitted or shall hereafter be limitted by
Act of Assembly of this Province as utterly Impracticable
in this Province Provided alwais tht it shall and may be law-
full for the Judge of probate of Wills to prove any last will
in this Province even although it concern tittle to Land, any
Law usage or custome to the contrary notwithstanding, And
to the end that filiall porcons may be secured to the children
of all persons dying Intestate and Legacies paid to Legatees
of persons who make wills Bee it likewise Enacted first that
the Judge for Probate of Wills and granting of Administrations
shall Call all Executors & Adminrs to Accot for the Estates of
persons deceased within twelve months next after administra-
tion comitted, And if any Administrator shall faile to give an
Account within the time aforesaid being lawfully thereunto
cited, That then the said Judge shall revoke the first Lettrs of
Administration to such administrator committed and shall
grant Administration de bonis non administrat. to some other
person as in his discretion he shall think fitt, which said
Administration duly appointed shall give security as all Ad-
ministrators do and shall so sue and implead the former

p. 11

Administrators, before the Judge aforesd for an Accompt of
the Estate of the Intestate, And in case it shall appear to the
Judge aforesaid that the former Administrator hath wasted or

p. 12



 
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Proceedings and Acts of the General Assembly, April 1684-June 1692
Volume 13, Page 431   View pdf image (33K)
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