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Proceedings and Acts of the General Assembly, 1796
Volume 105, Page 300   View pdf image (33K)
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TESTAMENTARY SYSTEM.

had been originally granted; and in no case shall the executor of an executor be
entitled, as executor, to administration de bonis non of the first deceased; and the
letters, bond and oath, of an administrator de bonis non, shall be in the form
herein before directed, except that the words " not already administered" shall be
added in the proper places.

    7.  The qualifications of an administrator or administratrix, shall, in all respects,
be the same as those of an executor; and the proceedings, to exclude
such as primâ facie appear entitled to the administration of the estate of an intestate,
shall in all respects be the same as herein before directed for excluding
any person named in a will as executor or executrix, provided that it shall not
be necessary so to proceed in case the party be out of the state, or in case of administration
to be granted to any except relations, or to collateral relations, more
remote than brothers or sisters of the intestate; and no relations, except a widow,
child, grand-child, father, brother, sister or mother, shall be considered
as entitled, unless he or she shall apply for the same.

    8.  If the intestate be a married woman, it shall not as heretofore be necessary
for her husband to take out letters of administration, but all her choses in action
shall devolve upon her husband, in the same manner as if he had taken out such
letters; provided, that if he shall not, in his life-time, reduce the said choses in
action
into possession, or obtain judgment thereon, the said choses in action shall
devolve on her representatives, and administration may be granted accordingly.

    9.  And hereafter a husband, bringing a personal action to recover in right of
his wife, either before or after her death, may declare specially, setting forth, in
the usual manner, how the debt or right accrued to his wife, and stating further,
that by marriage the debt or right hath on him devolved.

    10. If the intestate leave a widow, and a child or children, administration, at
discretion of the court, shall be granted either to the widow or child, or one of
the children.

    11.  If there be a widow, and no child, the widow shall be preferred, and
next to the widow, or children, a grand-child shall be preferred.

    12.  If there be neither widow, nor child nor grand-child, the father shall be
preferred.

    13.  If there be neither widow, nor child nor grand-child, not father,
brothers and sisters shall be preferred, and next to brothers and sisters, the mother
shall be preferred.

    14.  If there be neither widow, nor child nor grand-child, nor father nor
brother, nor sister nor mother, the next of kin shall be preferred.

    15.  Males shall be preferred to females in equal degree of kin, and the elder
shall be preferred to the younger.

    16.  Relations of the whole blood shall be preferred to those of the half blood
in equal degree, and relations of the half blood shall be preferred to relations of
the whole blood in a remoter degree.

    17.  Relations descending shall be preferred to relations ascending in the collateral
line; that is to say, (for example,) a nephew shall be preferred to an uncle.

    18.  None shall be preferred in the ascending line beyond a father or mother,
or in the descending line below a grand-child.

    19.  A female shall be preferred to a married woman in equal degree.

 

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Proceedings and Acts of the General Assembly, 1796
Volume 105, Page 300   View pdf image (33K)
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