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ADMINISTRATION 5
" the estate, of any person deceased, within
" the county where he dwelleth as aforesaid.
" But if any contest or dispute shall arise between
" any persons, concerning the right to administrations
"or executorship, the same shall be decided
" by the commissary-general, or judge
" in testamentary causes, and not by such person
" appointed in each county as aforesaid;
" neither shall such person grant administration,
" or take the probate of such will, till such
" time as such dispute or difference shall be decided
" and determined by the proper judge
" thereof, and certificate from such judge of
" such determination or decision," &c.
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The same act further enacts, § 34, " that the
" several and respective deputy commissaries,
" which are and shall be in the several and respective
" counties within this province, shall, and
" are hereby sufficiently authorised and empowered
" to pass, audit, and allow, all such accounts
" as shall come before them, relating to dead
" men's estates, wherein they have granted letters
" of administration, or letters testamentary,
" not exceeding fifty pounds in money, provided
" there be no controversy thereon," &c.
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Their power
in passing of
accounts. |
Any by act of assembly 1722, chap. 10, it is
ordained, " that every deputy commissary shall
" enter into bond with sufficient sureties, (such
A3
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Deputy commissary's
bond. |
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