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DIRECTIONS for EXrs. and ADMrs.
139
If there are children, under the last circumstance,
then against it matters not, and all the
goods together may be called, and administered
on, as of the goods of the father: except where
children are cut off by the will of their father,
there, as before, it will be incumbent on those
children, to prove the estate of their mother,
before they can be intitled to a filial share out of
such estate; in which case a separate administration
(as before) is necessary.
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Testamentary or administration bonds, after
the expiration of twelve years are not suable;
except by infants within the age of twenty-one
years, femme covert, non compos mentis, or imprisoned,
or persons beyond seas; who are privileged
to bring an action, within six years after
their coming to, or being of full age, uncovert,
sound memory, at large, or returned
from beyond seas, upon any administration or
testamentary bond. Act 1729. chap. 24 § 11,
12. Nor is any testamentary or administration
bond to be put in suit for the recovery of debts,
except where the executor or administrator
being first sued, is returned non est inventus, by
the sheriff, on a capias ad respondendum, or nulla
bona, or the return of a fieri facias, or when the
apparent insolvency of the person and effects of
such executor or administrator, doth render that |
Administration
bonds
not suable after
the expiration
of
twelve years;
except in
some cases. |
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