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DIRECTIONS for EXrs and ADmrs.
121
If the deceased was indebted in any particular
sum, which by composition is paid with a
less sum, that difference shall be assets: so of
money recovered, and interest received.
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Direction
with regard
to the inventory. |
If the deceased had mortgaged a lease for
years, his executor or administrator may redeem
it, with his own money; but the lease shall be
assets in his hands for so much as the lease is
worth, above the sum paid for the redemption
of it. All these and such like acquisitions,
made by virtue of their office, are assets in the
hands of, and chargeable to such executor or
administrator.
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But altho' the rule be general that all property
whatever, not being, or belonging to the
free-hold, ought to be appraised, yet the convenient
apparel of the widow, according to her
degree, is to be excepted. In like manner, if
any husband administers upon his wife's estate,
(which is sometimes necessary) what he gets in
virtue of his administration, only, is to be returned;
and these are liable only to the payment
of her debts before marriage; the residue
belonging to her husband.
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It hath been the practice of some executors,
not to return negroes which a specifically |
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