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Proceedings and Acts of the General Assembly, 1796
Volume 105, Page 318   View pdf image (33K)
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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.

N n


 
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Proceedings and Acts of the General Assembly, 1796
Volume 105, Page 318   View pdf image (33K)
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