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account or claim will pass when paid, be deemed of validity to
establish such account or claim, but in case the executor or
administrator thinks fit to contest the same, such account or
claim shall derive no validity from the order aforesaid, but shall
be proved hi the same manner as if no such order had been
made.
SEC. 10. Relates to suits then pending.
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Order by
register or
court not to
be valid,
but may be
contested.
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SEC. 11. And, whereas the personal property of deceased
persons, who have died or shall die intestate, without leaving
representatives within certain degrees of consanguinity by the
acts of seventeen hundred and nineteen, chapter fourteen, and
seventeen hundred and twenty-nine, chapter twenty-four, de-
volved on the free schools of the county of the deceased, and in
most of the counties the free schools having been abolished, the
executor or administrator of such deceased persons have retain-
ed the property to their own use and benefit ; Be it enacted,
That in all instances where by law the property of deceased
persons would have descended or devolved on the free schools
of any county, if such free schools had existed, the same shall
be, and it is hereby declared to be, the property of the college,
if any, in such county, or if none, the property of any school
to which the public aid by law has been or may be extended, and
if none, to go to the county where the property of such person or
persons so dying may lie ; and that the trustees of the college
or school, or the justices of the levy court, respectively, as the
case may be, shall have the same right, power and authority,
to sue for and recover such property, as the visitors, trustees
or governors, of any such free school might or could have done;
saving to the different schools in this state the rights which by
existing laws, they now respectively possess.
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Where
property
would have
devolved on
free schools
to belong to
the college.
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SEC. 12. And be it enacted. That all moneys or other property
recovered or obtained under this act, if by college or school,
shall be applied in the same manner that other public funds
granted them are to be applied, and if by the levy court, towards
the discharge of the levy, or for the support of schools in the
county, as the justices of the court may determine on.
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Moneys
recovered
under this
act, how to
be applied.
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SEC. 13. And be it enacted, That the seventh, eighth and
ninth sections of chapter eight, and such other parts of the
act to which this is a supplement, as are repugnant to the pro-
visions of this act, be and the same are hereby repealed,
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Sections
repealed.
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