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Directions
concerning
accounts
and debts
due to de-
ceased per-
sons.
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or bequest in money, not exceeding one-third part, the said
petitioner giving bond, with security, approved by the court, to
the executor or administrator, for returning the same, or an
equivalent, with interest, whenever so directed by the court ;
and the court shall have power to determine, in a summary
manner, on any such petition, after a summons against such
executor or administrator duly returned either summoned or
non est.
SEC. 8. And the court, in like manner, on any petition by a
person in such circumstances, to whom a specific legacy or
bequest hath been made, being satisfied that the assets, exclu-
sive of all specific legacies, will not nearly be exhausted by
debts, may direct the executor or administrator to deliver to the
petitioner the said specific legacy or bequest, on his or her
giving bond as aforesaid.
SEC. 9. If an executor or administrator shall fail to return an
account as herein before directed within the time limited by
law, or by the court, his letters, on application of any person
interested, may be revoked, and such administration (as the
case may require,) may be granted at discretion of the court ;
and the administrator, to whom letters shall be granted, shall be
entitled to put the delinquent's bond in suit, and to recover such
damages thereon as the jury may find; and in assessing such
damage it shall be the duty of the jury to allow such sum as
will be equal to six per cent, per annum on the amount of the
inventory or inventories from the time of the return or returns
to the time of the verdict, over and beyond the damages, for
such loss or injury as the estate may have sustained by the
delinquent's conduct.
SEC. 10 Whenever it shall appear by the first or other account
of an administrator, that all the debts of, or claims against, the
estate, known by or notified to him, have been discharged or
allowed for in his account, ic shall be his duty to deliver up and
distribute the surplus or residue of the estate as hereafter direct-
ed, provided that his power and duty, with respect to future
assets, shall not cease ; and after such delivery, the adminis-
trator shall not be answerable for any debt afterwards notified to
him, provided he shall have advertised as herein before directed,
unless assets shall afterwards come into his hands which shall
be liable for such debts .
SEC. 11. If by the provisions in a will it shall be necessary
for an executor, or for an administrator with a copy of the will
annexed, to retain in his hands the personal estate, or a part
thereof, after all just claims are discharged, as where money,
or some other thing is directed to be paid at a distant period, or
upon a contingency, the court of chancery or the orphans
court shall have power, on the application or such executor
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