TESTAMENTARY SYSTEM.
from the collector the articles contained in the first inventory, or
consent to be
answerable for the same, in the same manner as if the said inventory had
been
made out after his, her or their administering upon the estate.
12. The executor or administrator shall either
finish the crop on hand at the
death of the deceased, or sell the same, as he shall judge the most convenient;
and in case he shall not deem it convenient to finish the crop, the person
entitled
to the land on the death of the testator or intestate, or his or her guardian
or
next friend for him or her, (in case of infancy of the party,) may
take the said
crop at the appraisement of the appraisers as aforesaid, paying ready money,
or
giving bond, with good security, approved by the orphans court, for paying
the
money within six months; and in case the said party, or his or her guardian
for
him or her, shall not take the crop at an appraisement, the executor or
administrator
may sell the same to any other person, for ready money, or on credit as
aforesaid; provided nevertheless, that he shall not sell it at less than
the appraisement,
without the approbation of the orphans court granting the administration,
or an order, prescribing the terms, by the said court, passed as aforesaid.
13. If an executor or administrator shall not,
within three months after the
date of his letters, exhibit to the orphans court an inventory as aforesaid,
a summons,
returnable within not less than eight or more than thirty days, amy, ex
officio, or on application of a person interested, be issued against
such executor or
administrator, to shew cause wherefore such inventory hath not been exhibited;
and if the summons be duly returned summoned, or non est, by the
sheriff of the
county wherein the party resided at the time of obtaining his letters,
or of the
county wherein the letters were obtained, in case the party doth not reside
in the
state, and if he doth not appear at the return of the summons, or appearing
shall not shew cause satisfactory, the said court may immediately enter
on its proceedings
and record, that the said letters be revoked, and may proceed to grant
other letters, in the same manner as if such executor had not been named
in the
will, or as if such administrators were not in existence; and the power
of such
executor or administrator shall thereupon cease, and he shall be bound
to deliver
up, on demand, to the person obtaining such letters, all the property
of the deceased
in his hands, or be liable to be sued by such person on his administration
bond, or the court may pass an order for the purpose.
14. If there be more than one executor or administrator
named in the letters,
any one or more of them, on the neglect of the rest, may return an inventory,
and the executor or administrator so neglecting, shall not thereafter interfere
with
the administration, or have any power over the personal estate of the deceased;
but the executor or administrator so returning, shall thereafter have the
whole
administration, unless, within two months after the return, the delinquent
or
delinquents shall assign to the court some reasonable excuse which it shall
deem
satisfactory.
CHAP. VIII.
Assets.
LEASES for years, estates for life of another person
or persons, except
those granted to the deceased and his heirs only, and all goods, wares,
merchandise, utensils, furniture, negroes, cattle, stock, and animals of
every kind,
not denominated feræ naturæ, provisions, tobacco, and
every kind of produce,
the crop on the land of the deceased by him or her begun, things annexed
to the freehold or building, which may be removed without prejudice to
the
building, cloathing, ornaments, and every other species of personal property,
(except those things which are denominated heir looms, and the cloaths
of a
widow, and ornaments and jewels proper for her station, and the cloathing
of
the family,) shall be included in an inventory to be taken and returned
as aforesaid,
and shall be considered as assets in the hands of an executor or administrator.
|
|