TESTAMENTARY SYSTEM.
purchaser, with security, giving bond to the said ward, bearing interest;
and all
proceedings relative to such sale shall be as herein directed with respect
to sales
by executors or administrators.
13. Every account of a guardian shall state
his expenditures in maintaining
and educating the ward, not exceeding the income of the estate, unless
allowed
by the court; and for no balance of money in his hands shall he be charged
interest, unless he shall consent to take the same on interest, but the
court may
direct him to place the same at interest, taking bond to the orphan, with
security,
approved by the court; and for the trouble and care of such guardian, the
court
may allow any commission, not exceeding seven per cent.
14. On a guardian's failing to account as herein
directed, his bond shall be
liable, and he shall also be liable to attachment and fine as aforesaid,
but he
shall not be liable to any fine in a court of law, any act to the contrary
notwithstanding.
15. On the ward's arrival at age as aforesaid,
the guardian shall exhibit a final
account to the orphan's court, and shall deliver up, agreeably to the court's
order,
to the said ward, or the husband, (as the case may require,) all the property
of
such ward in his hands, including bonds, and other securities, and on failure
his
office bond shall be liable, and he shall also be liable to attachment
and fine as
aforesaid.
16. Nothing in this act contained shall be
construed to affect the general superintending
power exercised by the court of chancery with respect to trusts.
CHAP. XV.
Rights of widows.
1. A WIDOW shall be entitled to dower in all
lands whereof her husband
might have been entitled in law or equity to be tenant by the curtesy,
in case the said lands belonged to her, and she had died in the life-time
of her
husband.
2. A widow shall be barred of her claim to
dower in the lands of the deceased,
and all right to her share of the personal estate, by any marriage settlement
as
heretofore, provided she was of the age of sixteen at the time of making
it, and
provided, in case she was above sixteen, and under twenty-one years of
age, at
the time of making such settlement, that her father, mother or guardian,
be a
party to such settlement.
3. Every devise of land, or any estate therein,
or bequest of personal estate,
to the wife of the testator, shall be construed to be intended in bar of
her dower
in lands, or share of the personal estate respectively, unless it be otherwise
expressed
in the will.
4. A widow shall be barred of her right of
dower in land, or share in the
personal estate, by any such devise or bequest, unless, within ninety
days after
the authentication or probat of the will, she shall deliver, or transmit
to the
court where such authentication or probat hath been made, a written renunciation
in the following form, or to the following effect:
" I, A. B. widow of ------ ------, late of ------,
deceased, do hereby renounce
" and quit all claim to any bequest or devise made to me by the last will
" of my husband, exhibited and proved according to law; and I elect to
take,
" in lieu thereof, my dower, or legal share of the estate of my said husband,
" A. B."
But, by renouncing all claim to a devise or bequest,
or devises or bequests, of
personal property, made to her by the will of her husband, she shall be
entitled
to one third part of the personal estate of her husband, which shall remain
after
payments of his just debts, and claims against him, and no more.
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