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take place, after rendering an account, another account shall be
rendered within six months thereafter; provided nevertheless,
that an executor or administrator shall not be obliged to render
accounts, when it appears to the court that the estate has been
fully administered, except debts which the court shall set down
and deem as desperate, unless the same shall afterwards be
recovered .
SEC. 4. The court shall examine every list of debts returned
by ah executor or administrator with the inventory, and for
every debt which the court shall not mark as desperate, or
improper to be put in suit, the executor or administrator shall
commence a suit, unless the debt be paid within six months
thereafter, or unless the debtor be out of the state, or unless the
court shall think reasonable an excuse made within one month
after the lapse of the said six months for not bringing suit, and
on failure to bring suit as aforesaid, the parly shall be liable to
a suit on his administration bond, and to such damages as
shall be found by the jury.
SEC. 5. It is not the intent of this act that an executor or
administrator be answerable, at all events, for a debt which he
shall return sperate, but merely to enable the court, and all
parties concerned, to form a just estimate of the circumstances
of the deceased.
SEC. 6. When it shall appear by the first, or other account of
an executor or administrator with the will annexed, that all the
claims against, or debts of, the deceased, which have been
known by or notified to the said executor or administrator,
have been discharged, or retained for, or settled, it shall be his
duty to deliver up the estate in his hands to those entitled,
provided, that his duty and power with respect to future assets
shall not cease ; and after such delivery he shall not be liable
for any debt afterwards notified to him, provided he shall have
advertised, as herein before directed, unless assets shall after-
wards come into his hands, which shall be answerable for such
debts.
SEC. 7. Whereas it often happens that an executor or admi-
nistrator hath in his hands assets to a great amount, and there
is no reason to apprehend that they will be nearly exhausted in
payment of debts, and those entitled after payment of debts are
in want of subsistence, or greatly straitened in their circum-
stances, in case any person so entitled shall apply, by petition,
and satisfy the court that he or she is really in want of subsis-
tence, or greatly straitened in circumstances, and that it probably
will not require more than one-half of the assets to discharge
the debts, the court may direct the executor or administrator to
deliver to the petitioner any part of what the court shall suppose
will be the petitioner's distributive share, or any part of a legacy
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Directions
concerning
accounts
and debts
due to de-
ceased per-
sons.
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