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138 DIRECTIONS for
EXrs. and ADMrs.
estate, and in the mean time hath accumulated
a separate estate, unconnected with, but blended
in the first, and it is found necessary to separate
the one from the other, there the difficulty
is far greater, and id, in every case where the
part acquired by the last deceased, since the
death of the first, cannot be ascertained, or
proved by indifferent testimony, insuperable;
but where that is practicable, the representatives
of the widow, or last deceased, (bring the persons
immediately concerned) must prove by depositions,
taken before the commissary, or before
a magistrate, what particular estate was
acquired since the death of the first deceased,
with particular mention, how such addition was
created, if with, or without making use of the
first deceased's money, negroes, or other effects:
on satisfactory proof of which, letters of administration
must be taken on such part, as of
the goods of the wife, or last deceased, and
another administration must be taken on the residue,
as of the goods of the first deceased from
which last mentioned part must again be deducted,
what either by will, or by law belongs to
the wife, or last deceased, and added to the
part so proved as above; which together constitute
the separate estate of such widow, or last
deceased. |