Commissary-General shall allow the Executors or Administrators the
Salary of
Ten per Cent, except as is herein after excepted.
XXIV. And be
it further Enacted, by the
Authority aforesaid, by and with
the Advice and Consent aforesaid, That
if the Residuary Legatees, of any Person
or Persons dying within this Province, and making a Will; or the next
of Kindred to any Person or Persons dying Intestate in this Province, and
who ought to have the Residue of such deceased Person's Estate, do dwell
in
England, or other Part of his Majesty's Dominions, out of this Province,
so
that the Executor or Administrator convert the Residue of all the Real
and
Personal Estate (after Debts and Legacies here paid) into Money, or other
Effects, for the best Advantage if the persons to whom due, and returns
the
same to such Residuary Legatees
or Kindred as aforesaid, that then the Commissary-General
shall allow to such Executor or Administrator, the usual Salary
allowed by merchants to their Factors, viz. Ten per Cent.
XXV. And
whereas it sometimes happens,
that Persons of great Dealing,
dying in this Province, have their Books very imperfect, so that it cannot
be
exactly known what Debts are due upon such Books, unless the Executor or
Administrator take the pains to carry about such Books from one supposed
Debtor to another, to state the Accounts; which many Times proves a considerable
Toil to the Executor or Administrator, and requires a very great
Deal of trouble and Charge; and many Times there appear Discounts or
Defeazances, or Receipts, to bar such Book Debts; or the Debtors, where
the Accounts are old, are insolvent, or the like; and the Executors or
Administrators,
for such their great Pains and Diligence, have hitherto had no
Allowance. Therefore, lest it should be a Discouragement to Executors
and
Administrators, that having no salary therefor, they should be negligent,
or
too sparing of Pains to improve the Testators or others Estates; Be
it Enacted,
by the Authority, Advice and
Consent aforesaid, That where
the Executor
or Administrator can fairly make appear to the Commissary-General, that
he hath had such considerable Toil as aforesaid, and no Benefit hath arisen
to
him thereby, to recompence his said Toil; it may be lawful to and for the
said Commissary-General, to allow such Executor or Administrator something
in the whole for such Pains and desperate Debts, at the Discretion of such
Commissary-General, not exceeding Five per Cent on any one Man's Estate.
XXVI. But
for such Part of the Deceased's
Estate that shall remain (after
all Debts and Charges paid and disbursed, and Account passed before the
Commissary-General)
to Residuary Legatees, or other Legatees, or next of Kindred,
and delivered to them in Specie, without traversing the Estate, and converting
it into Money or Tobacco for that Purpose, there shall be * no Salary
allowed; any Usage, Custom, or former Act of Assembly to the contrary
notwithstanding.
* Except when payable to the Use of Free-Schools
by the Act of 1719, ch. 14: In which
case the Administrator shall be allowed by the Act of 1729, ch. 24,§.
17, Ten per Cent, if such
Residue to be paid in Money, and 5 per Cent, if paid in Specie.
XXXVII.
Thirteenth. And
further, in regard by the Judge's or Commissary-General
for Probate of Wills and granting Administrations; his Commission,
there is a Saving to all Persons their Right of Appeal, from the Sentence
of the said Judge, to the Chief Governor of this Province, for the
Time being; Be it Enacted, by
the Authority aforesaid, by and with the Advice
and Consent aforesaid, That
all and every person and persons appealing
from the Sentence of the said Judge, shall within * Fifteen Days at the
furthest
after each Sentence, enter his Appeal before the said Governor; and,
within Fifteen Days more, petition the Governor of this Province for the
Time being, to examine the Sentence of the said Judge, or appoint such
other |
CHAP.
XXXIX.
n what Case
10 per Cent,
upon the
whole Residue
shall be
allowed.
In case of
considerable
Trouble in
settling Accounts,
&c.
the Commissary-General
may allow
something in
the whole,
not exceeding
5 per Cent.
But no Allowance
for
any Part of
the Residue
paid in Specie.
Appeals from
the Sentence
of the Commissary-General
to a
Court of Delegates,
whose Determination
shall be final. |