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establish the same by such proof as is usually required in such
cases.
SEC. 7. And in case letters testamentary shall be granted to
an executor above eighteen, and under twenty-one years of age,
the bond by him executed for faithful performance shall be
binding as if he were of full age.
SEC. 8. No married woman shall be entitled to letters testa-
mentary, but the same, or letters of administration, shall be
granted, in the same manner as if she had not been named in
the will, unless her husband shall, with two sureties, give bond
as aforesaid, to be recorded and sued as aforesaid, for her faith-
ful performance ; and the bond of any executrix, who is unmar-
ried, and above eighteen, given as aforesaid, shall be binding in
the same manner as if she were of the full age of twenty-one
years.
CHAPTER 5.
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To whom,
and under
what cir-
cumstances
letters of
administra-
tion may be
granted.
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SEC. 1. No letters of administration shall be granted to a
person infamous as aforesaid, or to an idiot, lunatic or person
non compos mentis, or to a person who is not a citizen of the
United States, or under eighteen years of age ; and any ques-
tion respecting infamy, soundness of mind, citizenship or age,
may be heard and established as if the same respected a person
named as an executor.
SEC. 2. Whenever any person hath died intestate, leaving in
this state goods, chattels, or personal estate, letters of adminis-
tration may forthwith be granted by the orphans court of the
county wherein was the party's mansion house or residence ; or
in case he or she had no mansion or residence within the state,
letters shall be granted in the county where the parly died ; and
in case the party neither had mansion or residence, nor died
within the state, letters may be granted in the county wherein
lies, or is supposed to lie, a considerable part of the party's
personal estate.
SEC. 3. It shall be incumbent on any person applying for
such letters, to prove such dying intestate to the satisfaction of
the court, unless the same be notorious; and the court may
examine such person, on oath or affirmation, touching the time,
place, and manner of the death, and whether or not the party
dying left any will ; and if such dying intestate be not proved
to the satisfaction of the court, no letters of administration shall
be granted; no such letters shall be granted until at least twenty
days after the death of the supposed intestate, and at least seven
days after application for the same.
SEC. 4. If such letters shall be granted, and a will for the
disposing of the personal estate of the deceased shall afterwards
be proved according to law, and an executor or executrix, or
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