render such Account: For which passing such Account, the said
Deputy-Commissary
shall be allowed as a Fee, the Sum of † Fifty Pounds of Tobacco,
to be levied as aforesaid, and no more: And if such Deputy-Commissary
as aforesaid, shall exact, demand, or receive of any person whatsoever,
more than is by this Law for executing such his Office allowed him, he
shall/
be liable to such Pains and Penalties as are included in a certain
Act, for Limiting
officers Fees in this Province: But in case it shall so happen, that
any Person or Persons having any Interest or Claim in such Estates, shall
make any Objections to the Legality or Justice of any Article or Articles
contained
in the said Accounts, then the said Deputy-Commissaries, are forthwith
to mark such Articles, and transmit the Account, with all Papers thereto
belonging, unto the Commissary-General, before whom all Parties are to
appear and defend their Interest.
* By the Temporary Act of 1763, ch.
18, §. 106, Deputy-Commissaries are impowered to
pass any Accounts of the Estates of deceased persons (without any special
Commission from
the Commissary General) where the Amount of Inventory does not exceed 150
l. Current
Money.
† By §. 125 and 126 of the same Act, no Deputy-Commissary
shall exact, &c. or receive any
Fee, or Gratuity for giving his Advice in any Matter relative to his Office,
or for procuring a
Commission from the Commissary-General to pass any Account before him;
or any other Fee
for drawing and stating Accounts, than 1½ lb Tobacco for each Voucher
produced and allowed
in such Accounts, and no more.
XXXV. And whereas
many Men have bequeathed and
devised, or hereafter
may bequeath or devise to their Wives, by their Last Wills, a considerable
Part of their Personal Estates, intending, no doubt, but not expressing
that
such Bequest or Devise should be in full of such Wives Part, Portion or
third
Part of the said Testator's Estate; and yet such Wives, Widows and Relicts,
have not only claimed such Bequest and Devise as Legacies, but have further
claimed their Part of the remaining Estate of their deceased Husbands:
Be it
further 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
to his
Wife only, and that she might nevertheless have a third Part of his remaining
Estate; That it shall be at the Election of such Wife, Widow or Relict,
within Forty Days after the 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, and 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 having a full Third Part of the
clear
Personal estate of her deceased husband, besides her Dower of his Real
Estate,
in full of all such Devises or Legacies. Provided
always, That such Part of
the Personal Estate or Estates be liable to pay the Debts of the deceased,
as
other Part of the Estate is, or ought to be.
* Here the Law is altered by 1729, ch.
24, §. 10, which enacts, that if the Widow neglect
making such Election within the Forty Days, she shall then be concluded
by the Bequest, and
shall not have or claim any more of the Personal Estate than shall be so
bequeathed; and such
Bequest shall be liable to pay the Testator's Debts, &c.
XXXVI. And
if such Wife, Widow 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 the Rest of his
Real
Estate besides; then it shall be lawful for such Wife, Widow or Relict,
to
make her Election as aforesaid; within the Time aforesaid, whether she
will
accept of such Devise, or of the Third Part of all her Husband's Real Estate |
CHAP.
XXXIX.
Their Fee.
But in Case
of Objection;
such Accounts
shall
be determined
by the Commissary-General.
In Case of a
considerable
Devise to the
Widow, &c.
She shall
make her Election
whether
she will
accept of the
Devise, or
have her
Thirds?
within 40
Days after
Probate of the
Will; but
shall not have
both.
Where any
Part of the
real Estate is
devised to the
Widow, &c.
she shall
make her Election,
within
40 Days, |
