CHAP.
XXXIX.
whether she
will accept
the Devise or
her Dower?
Or shall be
concluded by
the Devise,
and barred
of her Dower.
Marriage Settlement
shall
bar Dower,
but not Devises.
To prevent
Prejudice to
Orphans Estates
by second
Marriages.
The second
Husband shall
be liable to
Suit for the
Orphans Estates,
and for
all Waste
committed by
the Wives or
themselves.
For the better
Security of
Estates belonging
to
Orphans of
Testators;
The Commissary
shall
take Security
of the Executors,
&c. and
transmit an
Account of
Legacies to
the County
Court, to be
there secured,
&c.
But nothing
shall be done
herein repugnant
to the
Testator's Will.
The Prerogative
Court invested
with |
of which she is endowable? And if she accept of her Devise, she
shall be for
ever debarred of her Dower out of the rest of the Testator's Real Estate
aforesaid;
and if she accepts f her Dower, then such Acceptance shall be adjudged
a full Recompence of her Devise aforesaid. But in case she shall
neglect
to make such Election within the TIme aforesaid, she shall then, by such
Neglect, be concluded by what is devised to her, and shall be thereby barred
of her Dower of such Deceased's Real Estate, unless it shall appear to
be the
Design of the Devisor, that such Widow shall have both Devise and Dower;
any law, Statute, Usage or Custom, to the contrary notwithstanding.
XXXVII. Provided
always, That if any married Woman
shall have any
Estate settled upon her, by Jointure or other Settlement, before Marriage,
such Jointure or Settlement shall bar her of her Dower of her Husband's
Lands; yet it shall be lawful for her to accept what her Husband shall
by his
Last Will and Testament devise her.
XXXVIII.
And whereas, many
Orphans have greatly suffered by the second
Marriages of such Widows, who having
Estates in Possession by Will, or
Right of Administration, either by such Widows while Sole, or their Husbands
during the Coverture, the same have been waster and embezzled;
and if the Woman die, the said Husband refused to render an Account of
such Estate, alledging that he is neither Executor nor Administrator to
his
Wife, nor of her former Husband; whereas, at Common law, a Woman
Couvert Executrix can do no Act to prejudice her Husband, all such Acts,
during the same, being void without his Consent; he, not preventing such
Waste, when in his Power, ought to answer for the same; Be
it therefore
Enacted, by the Authority
aforesaid, by and with the Advice and Consent aforesaid,
That for every such Waste
by such second Husband, during the Coverture,
such Husband shall account for the same, and be liable to be sued, together
with his Wife if living, or by himself if she be dead, (as well as the
Security) for the said Estate due to such Orphan, by such ORphan if at
Age,
if under Age, by his Guardian; and also for all Waste committed by his
Wife
before Marriage, or by himself afterwards.
XXXIX. And
whereas, Orphans of persons dying
Intestate, by the good
Provision of this Law, in committing them to the Care of the County Court,
to inspect the good Condition of their Securities and good Usage a aforesaid,
are by Experience found to be in better Condition, in Respect of both,
than/
the Orphans of Testators, whose
Executors hitherto have rarely given any
Security, and that the Security they have give, many Times proves insolvent;
Be it therefore Enacted, by
the Authority aforesaid, by and with the Advice
and Consent aforesaid, That
the Judge for Probate of Wills, shall hereafter take
good and sufficient Security of all Executors and Administrators, to the
Use
of any Orphan or Orphans in any Will mentioned, and not solely to their
own
Use, for the true performance of such Last Will and Testament according
to
Law, and the Intent of the Testator; and shall transmit an Account of the
Legacies, left to any Infant Orphans,
to the County Courts, to be by them secured
in the same Manner as the Balances of Intestates Estates, so far as shall
be
consonant to the Will of the Testator. And the Justices of the several
County
Court shall, at the same Time that they inquire by a Jury of the good
Usage and Condition of the Securities of other Orphans, also enquire of
these:
And if they find the Security like to be insolvent, or the Orphans ill
used, that
then it shall and may be lawful for such Justices, to act therein as they
are by
this Law directed, in the Case of Intestates Estates: Always
Provided, That
nothing shall be done, by virtue of this Act, which shall seem repugnant
or contradictory to the Last Will or Testament of any Person deceased.
XL. And
for the more speedy Administration
of Justice to Orphans, Legatees
and Others, in the Prerogative Court for Probate of Wills, and granting |