just and reasonable to be paid to such Orphan or Orphans; on Pain of
being
Trespassers, and paying treble Damages, and full Cost to such orphan
or
Orphans, to be recovered by the Guardian during the Orphan's Minority,
or
by the Orphan when at full age.
VIII. And be
it likewise Enacted and Declared, that Guardians ought to
render an Account to their Wards, of the Surplus of the profits of
their real
Estates, beyond what shall be necessarily expended in the maintainance
and
Education of such Ward; and to secure the same, as this act directs
other
parts of orphans estates to be secured.
IX. And be it
further Enacted, That when, and as often as any County
Court, shall, by the presentment of any Grand Jury, or otherwise, be
informed,
of any waste being done by any Guardian, upon any Orphan's Estate,
to issue their Warrant to cause such Guardian to appear before them;
and f, upon the said Guardian's Appearance before them, and being heard
in
his or her Defence, or Refusal to appear, being summoned, such Information
shall appear to be true, the said Justices shall order the Sheriff,
with all possible
Speed, to summon a Jury upon the Place where the Waste shall be committed,
to enquire upon their Oath, into the same, and of what damage
such Waste shall be to such Orphan; which being returned to the said
Justices,
they are hereby required to oblige the Guardian to give Security for
double the Damages that shall be assessed by such Jury: And in
case of Refusal
to commit such Guardian to Prison, there to remain until he or she
will
comply with their Order therein.
X. And whereas
some Doubts have arisen concerning the Rights of Widows,
to the real and personal estates of their deceased Husbands:
For avoiding
all such Doubts; Be it Enacted,
by the Authority aforesaid, by and with the
Advice and Consent aforesaid, that in such Case, where the Testator
bequeaths
or devises a considerable Part of his Personal Estate to his Wife,
and it appears
not in any Part of his Will or Codicil, that he intended the said Devise
as a Legacy only to his wife; and that she might nevertheless, have
a Third
Part of his remaining Estate, it shall be at the Election of such Wife,
widow,
or Relict, within Forty Days after the probate of such Will, to make
her
Election before the Judge for Probate of Wills, or the respective Deputy-Commissaries
in each respective County, Whether she will be content
with such Devise, or will have her Thirds, ad release the devise; and
if
she make Choice to have what is so bequeathed or devised to her, then,
by
that Choice, she shall be for ever barred from claiming her third Part
aforesaid;
and if she renounce what is so bequeathed and devised, she shall then
have her third Part aforesaid, and be barred of her Devise; but shall
not
claim or have both: But in case such Widow shall neglect to make
such Election
within the Time aforesaid, she shall then be concluded by what shall
be bequeathed to her by her husband, and shall not have or claim any
more
of his Personal Estate, than shall be so bequeathed, Provided
always, That
such part of the personal Estate or Estates so bequeathed, shall be
liable to
pay the Debts of the Deceased, as other part of the Estate is or ought
to be.
N.B. By this Clause an Alteration is made in 1715, ch.
39,
§. 35.
XI. And
if such Wife or Relict have any part of her Husband's Lands, or
real estate of Inheritance devised to her by her Husband, and that
it do not
appear by any part of the Will, that he intended her such a Part of
his Real
estate aforesaid, and her Dower out of the rest of his real Estate
besides, then
it shall be lawful for such Widow, or Relict, to make her Election
as aforesaid,
within the Time aforesaid, whether she will accept of such Devise,
or
the Third Part of all her Husband's real Estate, 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, and if she accept of
her Dower; |
CHAP.
XXIV.
Guardians to
account with
their Wards
for the Surplus
Profit of
real Estates.
Guardians
convict of
Waste, shall
give Security
for double
Damages.
In case of a
considerable
Devise of personal
estate
to the Wife,
she shall make
Election, either
of the
Legacy, or
the Thirds,
in 40 Days,
or shall be
concluded by
the Devise,
and lose her
Thirds,
which shall
be liable to
her Husband's
Debts.
In case of a
considerable
Devise of real
Estate, she
shall make
her Election
as aforesaid. |
