TESTAMENTARY SYSTEM.
intended by the will shall be secured for the person to be entitled
at a future
period, or contingency, and how the necessary part of the personal estate
to be
appropriated for the purpose, shall be prevented from lying dead, or being
unproductive,
and how it shall be applied, agreeably to the intent of the will, or
the construction of law, in case the contingency shall not take place.
CHAP. XII.
Heirs and devisees, how to be proceeded against.
1. WHENEVER land hath descended, or shall descend,
or hath or shall
come by devise, to a person or persons of full age, and the personal
estate of the deceased shall be insufficient to discharge his just debts,
the court
of chancery shall have power, on a bill filed by any creditor or creditors
within
three years from the death of the ancestor or testator, to proceed in the
same
manner as if such heir or devisee were under the age of twenty-one years;
and if
any such heir or devisee shall, by petition, apply to the said court to
direct a sale of
the land for the payment of the just debts of the deceased, the court shall
have
authority to direct a sale; and there shall be the same proceedings for
obtaining
a decree, so far as they will apply, in all respects, as if the land had
descended
or been devised to an infant; provided nevertheless, that in all cases
where application
shall be made as aforesaid by a creditor, heir or devisee, the court shall
limit a time, not less than nine, nor more than fifteen months, for claims
against
the deceased, with the vouchers and proofs thereof, to be exhibited; and
not less
than six months notice of such limitation shall be given by advertisement,
in some
principal news-paper of Annapolis and Baltimore-town; and the court may,
at
discretion, direct a sale of the whole, or such part of the land, or to
such amount,
as shall to the court appear necessary; and the net proceeds of the sale,
after
deducting costs and commission, may, immediately after the limitation,
be applied
to the discharge of the just claims against the deceased, exhibited within
the time limitted, and established to the satisfaction of the court, or
of a proportionable
part thereof, according to the rules herein laid down for the application
of personal assets; provided nevertheless, that any claim exhibited and
established before actual distribution shall have taken place, shall be
admitted to
a proportionable share; and if there be any surplus, after discharging
all
just claims established as aforesaid, the same shall be paid to the heir
or heirs,
devisee or devisees, according to his, her or their right in the land;
and in case
the said notice shall have been given in some principal news-paper
of Philadelphia,
New-York, and at the seat of the federal government, the said heir or
heirs, devisee or devisees, shall have the said surplus, together with
any residue
of the land unsold, free, clear, and discharged from all claims against
the deceased;
but if the said notice shall not have been given in all the papers aforesaid,
any heir or devisee shall be answerable, to the amount of the surplus to
him or
her paid, or the residue of the land unsold, for any just claim against
the deceased,
exhibited to the said court within three years after the death of the
ancestor or testator, or after the passage of this act, and established
to the satisfaction
of the chancellor.
The notice to be given shall be as follows, or to
the following effect:
" This is to give notice, that the real estate of ------,
late of ------, in
" Maryland, deceased, is about to be sold, under a decree of the court
of
" chancery, for the payment of his (or her) just debts; all persons having
" claims against the deceased are hereby warned to exhibit the same, with
the
" vouchers and proofs thereof, to the chancellor, before the ------ day
" of ------; they may otherwise be precluded from all benefit of the
said
" estate.
" By order of the Chancellor.
" Test.
------ ------, Reg. Cur. Can."
2. If any heir or devise, on the application
of a creditor or creditors as aforesaid
to the court of chancery, shall discharge the claim or claims exhibited
and
proved by such creditor or creditors, or obtain the consent of such creditor
or
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