TESTAMENTARY SYSTEM.
9. Provided nevertheless, that it shall not
be considered as the duty of an executor
or administrator to avail himself of the act of limitation to bar what
he
supposes to be a just claim, but the same shall be left to his honesty
and discretion,
it not being the intent of this legislature, that the party should
reject an
equitable claim, or that the orphans court may not pass any claim which
appears
just, or concerning which there is no real doubt or contest.
10. If the claim arises on a bond, note, or
bill of exchange, or account for
dealing with a factor, and the principal be not within the state, the
factor who
took the said bond, or note or bill, or who sold or delivered the articles
in the
account, may make oath, or affirmation, to be certified as aforesaid,
and endorsed
on a statement of the money thereon due, " that the said statement is full,
just
" and true, and that he (the deponent) took the said bond, (or note or
bill, or
" delivered the articles charged in the account,) as factor to ------ ------,
living
" in (or lately of) ------; that neither he (the deponent) or the principal,
" nor any other person for him, or the principal to his knowledge or belief,
hath
" received any part of the money originally due on such bond, note, bill
or account,
" or any security or satisfaction for the same, except what (if any) is
" credited."
And the said oath, or affirmation, with the other respective
vouchers and
proofs aforesaid, shall authorise the executor or administrator in making
payment
or distribution.
11. If the factor aforesaid be dead, or out
of the state, and the principal be
also out of the state, and it shall appear (in case of account) that the
same hath
been regularly proved according to the act of 1785 aforesaid, an oath (or
affirmation)
of any other factor, made after the death of the testator or intestate,
and
certified and endorsed on the statement as aforesaid, " that the said bond,
note,
" bill or account, came into his hands as factor for ------, the creditor,
residing
" in ------, after the death or removal of ------, the factor who took
" the said bond, (or note or bill, or delivered the articles in the accounts)
that
" he hath reason to believe, and does believe, that the said statement
is full, just
" and true, and that no part of the money originally due on such bond,
(note,
" bill, or account,) or any security or satisfaction for the same, hath
been received,
" except what (if any) is credited."
And the said oath, or affirmation, with the other respective
vouchers or proofs
as aforesaid, shall be sufficient to authorise the executors as aforesaid.
12. When any affidavit or depositions to prove
claims shall have been taken
out of the state, the same shall be good, if taken and certified as aforesaid
by
the notary of the place, or by some person there authorised to administer
an oath,
and certified to be such under the seal of the governor, mayor or chief
magistrate,
or notary public of such place, and the said oath, affirmation or deposition,
shall be as available as if taken before a justice within the state.
13. Provided nevertheless, that no executor
or administrator shall be obliged
to discharge any claim, of which vouchers and proofs shall be exhibited
as
aforesaid, but may reject, and at law dispute the same, in case he shall
have
reason to believe that the deceased never owed the debt, or had discharged
the same, or a part thereof, or had a claim in bar; but every executor
or
administrator shall be obliged to discharge the same, or pay a just proportionable
part thereof, if passed by the orphans court granting his letters, unless
he shall appeal from the decision of the court in the manner hereafter
directed.
14. If the creditor be an executor or administrator,
the claim shall not be
received, although vouched or approved as aforesaid, unless he make oath
or
affirmation, to be certified as aforesaid, " that it does not appear from
any book
" or writing of his testator, (or intestate,) that any part of the said
claim hath
" been discharged, except what (if any) is credited; and that, to the best
of the
" deponent's knowledge and belief, no part of the said claim hath been
discharged,
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