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by becomes legally possess'd thereof, by virtue whereof he not
only Satisfies himself, but all other Creditors their just Claims,
but likewise retains in his Hands the total Residue of such
Estate, and converts the same to his own Use, on Pretence of
Securing himself against such latent Debts as may thereafter
appear ; whereby such Administrator has the sole Benefit of
such Goods and Chattels, as he had no other Pretence of Right
to, save for the satisfying himself a Debt, and perhaps but a
small one, out of the Deceased's Estates: For the more just
and better Application of which Residues for the future ;
II. Be it Enacted, by the Right Honourable the Lord Pro-
prietor, by and with the Advice and Consent of his Lordship's
Governor, and the Upper and Lower Houses of Assembly,
and the Authority of the same, That every such Administrator
as aforementioned, shall be obliged to pay and Satisfy the Bal-
ance of such Estates to one of the Public Treasurers of this
Province, for the Time being, in the same Manner as such
Administrator should have been obliged to pay the same to
any legal Residuary Legatee by Law, in case any such should
have appeared ; to be applied to the Use of Schools, in the same
Manner as the additional Duty of Twenty Shillings per Poll
on Irish Servants and Negroes, is directed ; save that whereas
by the Act for the better Administration of Justice in Testa-
mentary Affairs, &c. sundry Particulars of Goods and Chat-
tels are directed to be paid in Specie, according to Appraise-
ment to the Residuary Legatees, in this case such Administra-
tor shall be obliged to pay the said Balance of such Estate,
according to the true Value thereof, in Current Money, for the
Payment whereof he shall be allowed Twenty per Cent, (Tha.
is to say) Ten per Cent over and above the Ten per Cent usu-
ally allowed.
III. Provided, That in case such Administrator be of Kin
to the Deceased, within the Fifth Degree of either Consan-
guinity or Affinity, that then such Administrator, and all
others that are as nearly related to the Deceased as such
Administrator, shall have as good a Right to such Residue, as
if he or they were Brothers, or Sisters Children to the De-
ceased, and such Balance shall be distributed accordingly.
IV. Provided nevertheless, That in case there be a Widow,
no Collaterals shall be admitted, others than those directed by
an Act of Assembly of this Province, entitled, An Act for the
better Administration of Justice in Testamentary Affairs;
but such Widow shall have the whole Residue of such Estate ;
any thing herein before contained to the contrary thereof in
any wise notwithstanding.
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