DIRECTIONS for EXrs. and ADMrs.
137
executrix, dies intestate, and before she
hath appraised her husbands's estate; here, if
they had any children, among whom the estate
is equally divided (or nearly so) by the will,
one administration as of the estate of the husband,
may be sufficient, making particular
mention of that circumstance in the letters of
administration; but if any children were cut off
by the will of the father, a separate estate must
be formed for the mother, out of her thirds, legacies,
or other things, that would have been
her own property had she lived, on which, letters
of administration must be taken and an
equal share of such maternal estate, with the
rest of the children, be given to such child or
children, as were so cut off from any part of
their father's estate; two administrations therefore,
are here necessary.
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If there a no children, and the husband
died intestate, then separate administrations must
be taken, of one half, for the use of the husband's
relations, and the other half for the use
of the wife's relations; in the case of a will,
the testator's direction must be pursued.
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