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Proceedings and Acts of the General Assembly, 1796
Volume 105, Page 298   View pdf image (33K)
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TESTAMENTARY SYSTEM.

or convict of any crime, rendering him or her infamous, according to law, or
if any person, named as an executor, shall not be a citizen of the United States,
letters testamentary, or of administration, (as the case may require,) may be
granted in the same manner as if such person had not been named in the will.

    2.   No question respecting infamity, citizenship, or competent age, shall be
determined by the orphans court, without summoning the persons, so named in
a will, and alleged to be infamous, alien, or under age, provided he or she be
within the state, or without giving such notice, by advertisement, or otherwise,
as the court shall direct, (in case he or she be out of the state,) and hearing, in
case the party shall attend agreeable to summons or notice.

    3.  A transcript of the record of conviction, or a certificate under the seal of
office, stating the substance thereof, shall be evidence in the orphans court to
prove the party infamous.

    4.  When any person, so named as an executor in a will, shall be alleged to
be an alien, or not a citizen of the United States, his citizenship shall not be
established, otherwise than by a certificate under the seal of the office, or court,
where the party became naturalized, or by competent testimony, that the said
person is a natural born citizen of this state, or of some of the United States.

    5.  Any inquisition of a jury, on a writ issued from chancery, finding the party
an idiot, lunatic, or non compos mentis, and confirmed by the chancellor, shall
be conclusive evidence of the unsound mind of the party; and if such an inquisition
shall not have been had, at the time when administration ought to be
granted, a writ de lunatico inquirendo may issue, on the petition to chancery of
any person interested; and the finding of the jury, that the party is an idiot,
lunatic or madman, or non compos mentis, thereon returned and confirmed by the
chancellor, shall be conclusive against the party; and a certificate from the register
in chancery, under seal, stating the substance of the proceeding, shall be
evidence in the orphans court, who may thereon proceed as if the party had not
been named in the will.

    6. When a person named in a will as an executor or executrix shall be alleged
to be under the age of eighteen years, it shall be incumbent on the person making
the allegation to establish the same by such proof as is usually required in such
cases.

    7.  If any person, named in a will as an executor, shall be under the age of
twenty-one years, he shall not be entitled to letters testamentary; but the same,
or letters of administration, shall be granted, as if he were not so named, unless
the said person's natural guardian, or his guardian appointed by will, or chosen
as hereafter directed, shall enter his consent on the records of the orphans court;
and in case letters testamentary shall be granted, under such circumstances, to an
executor above eighteen, and under twenty-one years of age, the bond by him
executed for faithful performance shall be binding as if he were of full age.

    8.  No feme-covert, or married woman, shall be entitled to letters testamentary,
but the same, or letters of administration, shall be granted, in the same manner
as if she had not been named in the will, unless her husband shall, with two
sureties, give bond as aforesaid, to be recorded and sued as aforesaid, for her
faithful performance; and the bond of any executrix, who is unmarried, and
above eighteen, given as aforesaid, shall be binding in the same manner as if she
were of the full age of twenty-one years.

CHAP. VI.

To whom, and under what circumstances, letters of administration may be granted.

    1.  NO letters of administration shall be granted to a person infamous as
aforesaid, or to an idiot, lunatic, or person non compos mentis, or to a

H h


 
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Proceedings and Acts of the General Assembly, 1796
Volume 105, Page 298   View pdf image (33K)
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