TESTAMENTARY SYSTEM.
person who is not a citizen of the United States; and any question respecting
infamity,
soundness of mind, or citizenship, may be heard and established as if
the same respected a person named as an executor.
2. Whenever any person hath died intestate,
leaving in this state goods, chattels,
or personal estate, letters of administration may forthwith be granted
by
the orphans court of the county wherein was the party's mansion-house or
residence,
or in case he or she had no mansion or residence within the state, letters
shall be granted in the county where the party died; and in case the party
neither
had mansion or residence, nor died within the state, letters may be granted
in
the county wherein lies, or is supposed to lie, a considerable part of
the party's
personal estate.
3. It shall be incumbent on any person applying
for such letters to prove such
dying intestate to the satisfaction of the court, unless the same be notorious;
and
the court may examine such person, on oath or affirmation, touching the
time,
place, and manner of the death, and whether or not the party dying left
any
will; and if such dying intestate be not proved to the satisfaction of
the court,
no letters of administration shall be granted.
No such letters shall be granted until at least twenty
days after the death of
the supposed intestate, and at least seven days after application for the
same.
4. If such letters shall be granted, and a
will for disposing of the personal
estate of the deceased shall afterwards be proved according to law, and
an executor
or executrix, or executors, named therein, shall apply for letters testamentary
within thirty days thereafter, an shall be capable of the same, and shall
execute
a bond as aforesaid, letters testamentary shall be accordingly granted,
and the
same shall be construed as a revocation of the letters of administration;
provided
nevertheless, that all acts done by any administrator or administratrix
according
to law, before any actual or implied revocation of the letters of administration,
shall be valid and effectual; and provided, that the executor, executrix,
or executors,
so obtaining letters testamentary, shall thereby be authorised to prosecute
any actions at law or equity, commenced by the administrator, administratrix
or
administrators, and to obtain judgment in his, her or their own names,
and likewise
to defend any suit, as aforesaid, commenced against the said administrator,
administratrix or administrators; and the granting letters testamentary
in such
case shall not be construed to affect any suit, as aforesaid, commenced
against
the administrator, administratrix or administrators, but the plaintiff
or plaintiffs
shall be allowed to prosecute the same unto judgment; nor shall the granting
such letters testamentary be construed to affect any suit brought by the
administrator,
administratrix, or administrators, but the same shall be prosecuted unto
judgment, unless the executor, executrix or executors, shall come into
court,
and pray that the same be struck off, or discontinued; and the executor,
executrix or executors, shall have the benefit of all judgments obtained
by
the administrator, administratrix or administrators, and shall be bound
by all
judgments obtained against them, unless the same shall be shewn to have
been
obtained by fraud; and with respect to the allowance of costs, all administrators
shall be on the same footing as if letters testamentary had not been granted.
5. And in all cases where letters testamentary
shall be granted as aforesaid, it
shall be the duty of the administrators to exhibit to the orphans court
their
accounts, without delay, and to deliver to the executor, on demand, all
the
goods, chattels and personal estate, in their possession, belonging to
the deceased;
and on failure, their administration bonds shall be liable to be put in
suit by the
executors, or the executors may obtain an order for the purpose.
6. In case any executor, executrix, administrator
or administratrix, shall die
before the estate shall be fully administered, letters of administration
de bonis non
shall be granted to the person entitled agreeably to the rules herein
before laid
down, and the proceedings shall in all respects be the said as if administration
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