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Proceedings and Acts of the General Assembly, March 1697/8-July 1699
Volume 22, Page 534   View pdf image (33K)
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534 Assembly Proceedings, June 29-July 22, 1699.

Lib. L. L.

secured and Easily obteined according to the true Intent of
the Laws heretofore made (now in force) or hereafter to be
made Be it Enacted by the Kings most Excellent Maty by
and with the Advice and Consent of this Present Gen-
erall Assembly and the Authority of the Same That the Judge
or Comissary Generall for Probat of Wills and Granting
Administrations shall hold his Court once in Two Months att
the least or oftener as the Case shall require reguard being
had to the distance of the habitations of the Suitors in the said
Court and the dispatch of Persons not inhabiting in this Prov-
ince who have frequent Occasions to Seek Justice in the Court
for probate of Wills and Granting Administrations before the
Judge thereof and for as much as Certeinty is the mother of
Repose and that our Dependance upon England obliges us to

make all our Laws as Near as may be Consonant to the Laws

of England Be it further Enacted by the Authority aforesaid
that the Judge for Probat of Wills and Granting Admrcons
within this Province in all Cases relateing to Probate of Wills
& Granting Administrations shall proceed According to the
Laws of England now in force or to be hereafter in force

p. 298

within Twelve Months after Such Law shall be published in
the Kingdom of England if pleaded before him Saveing in
such Cases as by this present Act is Provided And that it shall
and may be Lawfull for the Judge for Probat of Wills to prove
any Last Will in this Province although the Same Concerne
Title to Land any Law usage or Custom of England to the
Contrary Notwithstanding And to the end that all filial Por-
tions may be secured to the Children of all persons Dying
Intestate and Legacys paid to Legatees of Psons who make
Wills Be it Likewise Enacted First that the Judge for Probate
of Wills and granting of Admrcons shall Call all Executors
and Administrators to account for the Estate of all Persons
decd within Twelve months next after Administration Comitted
& if any Administrator shall faile to give an Accompt within
the time aforesaid being Lawfully thereunto Called that then
the Said Judge shall revoak the first Letters of Administration
to such Admr Comitted & shall Grant Administration de bonis
non Admrtis to some other person as in his discretion he shall
think fitt which said Administrator duly Appointed shall give
Security as all other Admrs do and shall Sue and Implead the
former Administrator before the Judge afd for an Acct of the
Estate of the intestate and in Case it Shall Appear to the Judge
afd that the former Admr hath Wasted or imbezled the Estate
of the intestate Iudge shall Assigne the Bond Entred into by
the former Admr and his Surety unto the latter Admr to be
relieved against them for such Wasting or Imbezling, That the
Iudge upon Account Given by the first Administrator as afore-



 
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Proceedings and Acts of the General Assembly, March 1697/8-July 1699
Volume 22, Page 534   View pdf image (33K)
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