those who legally represent them. Provided there be no Representatives
admitted
among Collaterals, after Brothers and Sisters Children. And in
case
there be no Wife, then all the said Estate to be distributed equally
to and amongst
the Children: And in case there be no Children, to the next †
of
Kindred in equal Degree of or unto the Intestate, or their legal Representatives
as aforesaid.
* In case there be a Widow, no other
Collaterals shall be allowed than those directed by this
Act; and she shall have the whole Residue. 1719,
ch.
14, §. 4; and 1729, ch. 24, §. 19.
† In case the Administrator be of
Kin to the Deceased, within the Fifth Degree, either of
Consanguinity or Affinity; he, and all others equally
related, shall have the same Right to the
Residue as Brothers and Sisters Children. 1719,
ch.
14, §. 3. and 1729, ch. 24, §. 18.
But in case there be no known Relations
of the Intestate, or Representatives legally entitled to
the Residue, the Administrator shall pay the whole Balance
to the Visitors of the Public School
in that County where the Deceased resided, for the Use
of such School. 1719. ch. 14, §. 2;
and 1729, ch. 24, §. 17.
VII. And after
such Division or Distribution made, or caused to be made,
by the Judge aforesaid, the said
Judge shall transmit the Account thereof, if
not before transmitted, to the several
and respective Justices of the County
Courts where the said Estates shall
be and remain: And if any part thereof
belong to an Orphan who is capable
of chusing his Guardian, such Orphan
shall be called to Court, and shall
then and there chuse his Guardian, into
whose Hands the said Orphan's Estate
shall be committed; but if such Orphan
be not at Age, then the Justices
aforesaid shall put the person's Lands,
Goods and Chattels of the said Orphans
into the Hands of such Person or
Persons as they shall think fit,
and take a Bond, with two sufficient Sureties,
in the Names of the Orphans themselves,
for the securing and delivering of
the said Estate to the said Orphans
or their Guardians, when thereunto lawfully
called, according to the Rules and
Directions by this Act prescribed, and not
otherwise: Which Rules shall
be Rules not only for the Justices of the COunty
Courts to proceed by, in taking
the accounts of Guardians or Trustees
for Orphans, but also for the Judge
for Probate of Wills and granting
Administrations, in the Accounts
of Administrators, and bare Executors to the
Benefit of Others: Nor shall
the Judge give any other || Allowances to any
Administrator or Administrators,
upon his, her, or their Accounts, but for
Debts bonâ Fide owing
from the Deceased, and really paid, or secured to be
paid, by the several and respective
Administrators, together with the necessary
Charges.
||
Allowances for their Trouble, see below, §. 23, 24, 25, and 26.
For Costs, see 1722, ch.
10, §. 4.
VIII. First.
No Negro or other Slave shall
be sold or disposed of, by any
Administrator, for Payment of Debts,
or otherwise reserved for the Administrator's
own Use, in Satisfaction of any
Debts due to the said Administrator;
nor any Execution served upon any
Negro, or other Slaves, so long as
there shall be ‡ other Goods of
the Deceased sufficient to satisfy the just
Debt of the said Deceased; but shall
be kept upon the Hazard of the Estate,
and employed for the Benefit of
the Creditors and Orphans, (if any be) until
the Crop that was upon Hand, or
shall have been begun in the Life Time of
the Deceased, shall be finished;
which shall always be deemed to be by the
last Day of January next
after such the Intestate's Decease: After which the Administrator
is to account for the Estate; and
such Crop shall be Assetts to the
Creditors, and dividable between
the Wife and Child, or Children, or Relations
of the said Deceased, if there be
no Creditors: And the Judge for Probate
of Wills, upon passing the Account
by such Administrator, shall allow
him his reasonable Charges expended
in finishing such Crop.
‡ The Executor or Administrator shewing
such other Goods, which the Sheriff is required to
demand.
1729, ch. 24, §. 2.
IX. Second, That
no Account be allowed for Diet, Cloaths or Physic,
to any Administrator, or Guardian
to any Orphan, against the Estate of the |
CHAP.
XXXIX.
If no Widow,
the Estate to
be divided among
the Children.
If no Children,
among
the next of
Kindred in
equal Degree,
&c.
The Commissary-General
to transmit
an Account
of such
Distribution
to the County
Court.
Orphans, if
at Age, shall
chuse their
Guardians in
Court, if not
at Age, the
Court shall
put them,
their Lands,
&c. into fit
Hands.
The Rules of
this Act to be
observed both
by the County
Court, and
the Commissary-General.
No Allowance
to be
made to Administrators,
but for Debts
of the deceased
actually
paid, &c.
Slaves not to
be sold, &c.
or taken in
Execution for
Debts of the
Deceased,
while there
are other
Goods sufficient.
Orphans to
be supported. |
