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Bacon
Chap. V
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A Supplementary Act to the Act for the better Administration
of Justice in Testamentary Affairs, &c.
Whereas the Act of Assembly of this Province, entitled,
An Act for the Administration of Justice in Probate of Wills
&c. it is amongst other Things enacted, That when a full
Account is made up by any Administrator of any Intestate's
Estate, the Judge therein mentioned shall make, or cause to
be made, Distribution as therein directed, the making up of
which Account is oftentimes designedly delayed, and the
Estate thereby kept from the right Owners: For Remedy
whereof,
II. Be it Enacted, by the Right Honourable the Lord Pro-
prietary, by and with the Advice and Consent of his Lord-
ship's Governor, and the Upper and Lower Houses of As-
sembly, and the Authority of the same, That it shall and may
be lawful for any Legatee, or others, that have Right to any
Legacy, or to the Residue of any Testator's or Intestate's
Estate, after the Expiration of Twelve Months from the Date
of the Letters Testamentary, or Letters of Administration
of such Deceased's Estate, to demand and sue for such their
Legacies or Residuary Part of such Deceased's Estate as shall
then appear to be their Due by such Accounts as shall then be
made up by that Time, that then such Legacies or Residue
shall be paid or recovered out of the full Estate, in the same
Manner as if there were no Disbursements for Debts or
Charges to be made thereout, such Residuary Legatees, or
others, that Right have as aforesaid, giving Security to refund
to such Executor or Administrator, according to the Direc-
tions of the Statute of the Twenty-second and Twenty third
of Charles the Second, Chap. 10. And that in case any Suit
shall be brought on any Testamentary or Administration
Bond, by any Orphan or other Legatee, for Default of Com-
pliance with the Act for the better Administration of Justice
in Probate of Wills &c. or this present Act, it shall and may be
lawful for such Suitors, and their Agents, Sollicitors or At-
torneys, and the several Courts of Law before whom such
Suits shall happen to be brought, are hereby required to pro-
ceed to Judgment and Execution on such Bonds, without
taking Notice of any Injunction, or other Chancery Proceed-
ing, to stop, hinder, or delay the same, unless he shall obtain a
final Decree, on full Hearing, or running out the Process for
the Awarding of such a Writ.
III. Provided nevertheless, That in case any Party to such
Suit shall conceive himself properly relievable in Equity on
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