satisfy the Balance of such Estate to the Visitors of the Public School
of the
County, where the Deceased resided, in the same Manner as such Administrator
should have been obliged by Law to pay the same to any legal Representative,
in case any such should have appeared; to be applied to the Use of
such School; save that by the Acts now in Force, sundry particulars
of the
Goods and Chattels are directed to be paid in Specie, according to
Appraisement,
to the legal representatives; in this Case, such Administrator
shall pay the said Balance of such Estate in Current Money, or in Specie,
at
the Direction of the Visitors: For the Payment whereof, if in
Current Money,
he shall be allowed Ten per Cent, if in Specie, Five per Cent, and
no
more.
XVIII. Provided,
that in case such Administrator be of Kin to the Deceased,
within the Fifth Degree of either Consanguinity or Affinity, 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 Deceased: And
such Balance
shall be distributed accordingly.
XIX. Provided
nevertheless, That in case there be a Widow, no Collaterals
shall be admitted, other than these directed by this Act; but such
Widow
shall have the whole Residue of such Estate; any thing herein before
contained to the contrary thereof notwithstanding.
XX. Provided
nevertheless, and be it Enacted,
by the Authority, Advice
and Consent aforesaid, That in case such residue shall happen
to be paid to such
Visitors as aforesaid, in Default of legal Representatives as aforesaid:
And
that nay legal Representatives of no remoter Degrees, amongst Collateral.,
than Brothers or Sisters Children, shall at any Time appear, and prove
him
her, or themselves, to be such legal Representatives, that then the
Visitors
that received the Residue of such Estate, or their Successors. of it
shall be in
their Hands, shall restore the same to such legal Representative or
Representatives:
And if such Residue shall be actually applied to the Use and Support
of the Public School, that then the Public Stock of such School, in
the
hands of Public Treasurers of this Province, or either of them, shall
be
liable to make Satisfaction to such Representative or Representatives,
of such
Residue; and that the said Visitors shall give an Order to such Representative
or Representatives for the same, on the Public Treasurers, who shall
be obliged,
by virtue of this Act, and such Order, to pay the same out of the Public
Stock of such School, if so much in their Hands; if not, so much as
shall
be in their Hands; and the Residue when they shall receive so much
to the
Use of such School. And if the Administrator shall be obliged
to pay any
further Debt or Duties that were due from the Deceased, such legal
Representative
receiving the said Residue, shall refund to such Administrator the
Value of what such Administrator hall be obliged to pay as aforesaid;
Provided
the same doth not exceed the Residue received by such Representative;
any thing in the said Act for the Application of such Intestates
Estates,
&c. to
the contrary in any wise notwithstanding.
XXI. And forasmuch
as Disputes have arisen whether the Act of Limitation
extends unto Actions brought upon Testamentary and Administration
Bonds; Be it further Enacted,
by the Authority, Advice, and Consent aforesaid,
That all Actions upon Administration and Testamentary Bonds shall be
commenced within Twelve Years after the passing of the said Bonds,
and not
after.
XXII. Provided
always, That nothing in this Act shall be construed to
bar any person within the Age of Twenty-one Years, Femme Covert,
Non |
CHAP.
XXIV.
Allowance to
the Administrator.
But such Administrators,
if related in
the 5th Degree,
shall
have Right to
such Residue.
But in case
there be a
Widow, she
shall have the
whole.
In what case
the Visitors
shall refund.
In what case
such Representatives
shall refund.
Actions upon
Administration,
&c.
Bonds shall
be commenced
within 12
Years.
A Saving to
Infants, &c. |
