LAWS OF MARYLAND.--1719. 51
should have been obliged to pay the same to any legal residu-
ary legatee by law, in case any such should have appeared, to
be applied to the use of schools, in the same manner as the
additional duty of twenty shillings per poll on Irish servants
and negroes is directed, save that, whereas by the act for the
better administration of justice in testamentary affairs, &c.,
sundry particulars of goods and chattels are directed to be paid
in specie, according to appraisement, to the residuary legatees,
in this case, such administrator shall be obliged to pay the said
balance of such estate, according to the true value thereof in
current money, for the payment whereof he shall be allowed
twenty per cent. that is to say, ten per cent. over and above
the ten per cent. usually allowed.
By 1729, chap. 24, sec. 17, the balance of intestate's estates, directed by
this paragraph to be paid to the public treasurers, was thereafter to be paid
to the visitors of the public school of the county wherein the deceased resi-
ded, and the administrator to pay such balance in current money, or in spe-
cie, at the direction of the visitors, and, if paid in money, to be allowed ten
per cent. if in specie, five per cent. and no more. By 1798, 101, ch. 11,
sec. 15, the surplus shall belong to the state, saving to the different schools
the rights which they possess by existing laws.
See 1802, ch. 101, sec. 2. |
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SEC. 3. Provided, That, in case such administrator be of kin
to the deceased, within the fifth degree of either consanguinity
or affinity, that, then such administrator, and all others that are
as nearly related to the deceased as such administrator, shall
have as good a right to such residue, as if he or they were
brothers or sisters' children to the deceased, and such balance
shall be distributed accordingly. |
Proviso. |
SEC. 4. Provided, nevertheless, That, in case there be a
widow, no collaterals shall be admitted, other than those
directed by an act of Assembly of this province, entitled 'An
act for the better administration of justice in testamentary
affairs;' but such widow shall have the whole residue of such
estate, any thing herein before contained to the contrary thereof
in anywise notwithstanding.
See 1798, ch. 101; see ch. 11, sec. 1. |
Proviso. |
SEC. 5. Provided, nevertheless, and be it enacted by the autho-
rity, advice, and consent aforesaid, That, in case such residue
shall happen to be paid to such treasurer as aforesaid, in default
of legal representatives as aforesaid, and that any legal repre-
sentatives of no remoter degree amongst collaterals, than
brothers or sisters' children, shall at any time appear, and prove
him, her, or themselves to be such legal representative or repre-
sentatives, that then the treasurer that received the residue of
such estate, if then in his hands, or the public stock of schools,
if applied to their use, shall be liable, and are hereby obliged to
refund to such legal representative, the sum that they received |
Proviso. |
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