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SEC. 1. If any person, named as an executor or executrix in
a will, shall be, at the time when administration ought to be
granted, under the age of eighteen years, or of unsound mind,
incapable according to law of making a contract, or convict of
any crime, rendering him or her infamous, according to law, or
if any person, named as an executor, shall not be a citizen of
the United States, letters testamentary, or of administration, (as
the case may require,) may be granted, in the same manner as
if such person had not been named in the will.
SEC. 2. No question respecting infamy, citizenship, or com-
petent age, shall be determined by the orphans court, without
summoning the persons so named in a will, and alleged to be
infamous, alien, or under age, provided he or she be within the
state, or without giving such notice, by advertisement, or other-
wise, as the court shall direct, (in case he or she be out of the
state,) and hearing, in case the party shall attend agreeable to
summons or notice.
SEC. 3. A transcript of the record of conviction shall be
evidence in the orphans court to prove the party infamous.
SEC. 4. When any person, so named as an executor in a
will, shall be alleged to be an alien, or not a citizen of the
United States, his citizenship shall not be established otherwise
than by a certificate under the seal of the office, or court, where
the party became naturalized, or by competent testimony that
the said person is a natural born citizen of this state, or of some
of the United States.
SEC. 5. Any inquisition of a jury, on a writ issued from
chancery, finding the party an idiot, lunatic, or non compos
mentis, and confirmed by the chancellor, shall be conclusive
evidence of the unsound mind of the party ; and if such an
inquisition shall not have been had, at the time when adminis-
tration ought to be granted, a writ de lunatico inquirendo may
issue by the chancery or orphans court, on the petition to either
of the said courts of any person interested; and the finding of
the jury, that the party is an idiot, lunatic or madman, or non
compos mentis, thereon returned and confirmed by the chan-
cellor or the orphans court, as the case may be, shall be con-
clusive against the party; and a certificate from the register
in chancery, under seal, stating the substance of the pro-
ceedings, shall be evidence in the orphans court, who may
thereon proceed as if the party had not been named in the will.
SEC. 6. When a person named in a will as an executor or
executrix shall be alleged to be under the age of eighteen years,
it shall be incumbent on the person making the allegation to
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To whom
letters tes-
tamentary
may be
granted.
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