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BY DISTRIBUTION. 117
It is also observable here, that to bring an
advancement into the common fund, or into
hotchpot, (as the writers call it) is to be only
in case of a total intestacy, or when the whole
personal estate is distributable by the statute.
3 P. Will. 125.
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Advancement,
what is
deemed to be
such. |
DIRECTIONS for EXECUTORS and
ADMINISTRATORS.
Every person, being either appointed executor
by will, or having a right to administer on
an intestate's estate, should well consider,
whether it be better for him to accept or refuse
such executorship or administration; for having
once accepted thereof, he can never thereafter
renounce.
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What is to
be observed
previous to
the taking of
letters. |
If the Executor concludes to renounce, or
the person having right to an administration
inclines not to accept thereof, then let them
beware of meddling with the deceased's goods,
in any act proper to an executor or administrator,
except it be in mere deeds of charity, and
humanity; such as feeding the deceased's cattle,
lest they perish, taking care of his goods, lest
they be stolen, or super-intending his funeral:
for the least act tending towards administration,
amounts to an acceptance thereof; and having
H 3
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