TESTAMENTARY SYSTEM.
creditors to stay proceedings, the court shall not proceed to decree
a sale, unless
application be made by another creditor or creditors within three years
after the
death aforesaid, or after the passage of this act.
3. Any heir or devisee, who shall bonâ
fide have sold the land which to him
or her hath descended or been devised as aforesaid, before any application
as
aforesaid of a creditor made to the chancery court, shall be answerable
no further
than the amount of the price of the land; and if any such heir or devisee
shall have made such bonâ fide sale, and shall apply the
money thence arising,
without observing the rules laid down in this act, or the act of seventeen
hundred
and eighty-five, chapter eighty, as the case may require, he shall be liable,
out of his own estate, for such proportionable share as any creditor of
the deceased
ought to have, to be recovered by suit within three years from the death
of the ancestor or testator, or the passage of this act.
4. No bonâ fide purchaser from
an heir or devisee shall, in any manner, be
answerable for any debt due from the ancestor or devisor, unless the same
were
known by, or notified to, the said purchaser, before the sale; and such
person
shall, in no case, and in no manner, be answerable, unless suit be brought
within
the time aforesaid in the chancery court.
5. Whereas it is the intent of the act aforesaid
of seventeen hundred and eighty-five,
chapter eighty, as well as of this act, that real assets, or land in the
hands of an heir or devisee, be distributed amongst creditors in the same
manner
as personal assets, but it will be impracticable for a court of law, on
suits
brought by the different creditors, to do justice to all parties, according
to the
intent of the law, no suit shall be maintainable at law, against an heir
or devisee,
but the proceedings may be as aforesaid, in the court of chancery; provided,
nevertheless, that at the instance of either party, viz. of a creditor,
or heir or
devisee, the said court shall direct any issue or issues to be tried by
a court of law,
to establish or refute a claim, or determine any fact thereto relative.
CHAP. XIII.
Distribution of an intestate's personal estate.
WHEN all the debts of an intestate, exhibited and proved, or notified
and
not barred, shall have been discharged, or settled and allowed to be retained,
as herein directed, the administrator shall proceed to make distribution
of
the surplus as follows:
1. If the intestate leave a widow, and no child,
parent, or collateral relation,
more remote than a brother or sister, or the child of the brother or sister
of the
said intestate, the said widow shall be entitled to the whole.
2. If there be a widow, and a child or children,
or a descendant or descendants
from a child, the widow shall have one third only.
3. If there be a widow, and no child or descendants
of the intestate, but the
said intestate shall leave a father or mother, or brother or sister, or
child of a
brother or sister, the widow shall have one half.
4. The surplus, exclusive of the widow's share,
or the whole surplus, (if
there be no widow,) shall go as follows.
5. If there be children, and no other descendant,
the surplus shall be divided
equally amongst them.
6. If there be a child or children, and a child
or children of a deceased child,
the child or children of such deceased child shall take such share as his,
her or
their deceased parent would (if alive) be entitled to; and every other
descendant,
or other descendants in existence at the death of the intestate, shall
stand in
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