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
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