234 Assembly Proceedings, Sept. 5 -Oct. 3, 1704.

Lib. L. L.
No. 64.

An Act for the better Administration of Justice in Probatt of
Wills and granting Administrations Recovering of Legacys
and securing filiall portions.

Whereas for due Administration of Justice it is most
necessary that the Wills of all Persons may be duly proved and
Letters of Administration of the Estates of all persons dying
without wills may be granted to such persons who have the
best right to succeed thereto and all legacys Speedily recovered
and filial portions and orphans Estates duly secured and
easily obtain'd according to the true Intent of the laws here-

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tofore made now in force or hereafter to be made.
Be it enacted by the Queens most excellent Majesty by and
with the Advice and Consent of her Majestys Governour
Councill and Assembly of this Province and the Authority of
the same that the Judge or Comissary Generall for probatt of
Wills and granting Administrations shall hold his Court once
in two months at the least or oftner as the Case shall require
and therein shall proceed according to the law of England now
in force or to be hereafter in force within twelve months after
such Laws shall be publishd in the Kingdom of England if
pleaded before him saving in such Cases as by this present
Act is provided and that it shall and may be lawfull for the
Iudge for probatt of Wills to prove any last will within this
Province altho: the same concern Titles of Land any Law
usage or Custom of England to the Contrary notwithstanding.
And to the end that all filiall portions may be secured to the
Children of all persons dying intestate and legacys paid to of
making wills Be it likewise enacted by the Authority aforesaid
by and with the Advice and consent aforesaid ffirst that the
Judge for probatt of Wills and granting Administrations shall
call all Executors and Administrators to Account for the Estate
of all persons deceased within twelve months next after Ad-
ministration comitted And if any Administrator shall faile to
give an Account within the time aforesaid being lawfully there-
unto cited That then the said Judge if he see just cause may
revoke the first Letters of Administration to such Administra-
tor comitted and shall grant Administration de bonis non
Administratis to some other person as in his discretion he shall
think fitt Which said Administrator duly appointed shall give
Security as all other Administrators do and shall sue and im-
plead the former Administrator before the Judge aforesaid for
an Account of the Estate of the Intestate And in Case it shall
appear to the Judge aforesaid that the former Administrator
hath wasted and imbezelled the Estate of the Intestate then the
Judge shall assign the bond entered into by the former Adminis-
trator and his Security unto the latter Administrator to be

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relieved against them for such Wasting or embezileing.