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DIRECTIONS for EXrs. and ADMrs.
119
If the testator was only administrator to another,
there the executor does not interfere, but
must deliver up the balance of the first estate,
to such persons as shall be legally appointed to
receive the same. The administrator of a person
dying intestate, who was executor to another,
is in the same case; and does not succeed
to such executorship.
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What is to
be observed
previous to
the taking of
letters. |
Having thus satisfied themselves in these particulars,
the first thing the executor must do,
is, to cause the will to be proved, that is, he is
to repair with his testator's will, either before
the commissary general, or before his deputy
for the county whereof such deceased person
was a resident, together with the several subscribing
witnesses to such will, or such of them
as he can procure, and there take the probate
prescribed in page 65, prove the execution
of the will by the oaths of the witnesses thereto,
as in page 66, take out letters testamentary,
and give security for the faithful discharge of
his trust.
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Observations,
at the time of
taking letters. |
When the widow of the deceased hath legacies
left her by the will in lieu of her thirds, or
dower of his estate, she is to consider whether
to abide by such bequest, or devise, or to renounce,
and claim her thirds, or dower; for
H 4
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Directions,
with regard
to the widows
thirds. |
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