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JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR.
chancery or general court, (a) as allowed by the act to which
this
is a supplement.
(a) By 1804, ch. 55, the court
of appeals is to hold, use and exercise, the appellate
jurisdiction heretofore held, used and exercised, by
the general court. |
1802.
CHAP. 101. |
4. AND BE IT ENACTED, That the registers of
wills in their
respective counties, in the recess of the orphans court, shall and
they are hereby authorised and empowered to pass any account
against the estate of any deceased person where the amount of such
account or claim doth not exceed the sum of fifty dollars. |
Registers may
pass account under
$ 50. |
5. AND BE IT ENACTED, that in all cases where
letters have issued,
or hereafter may issue, to any person to collect and preserve
the estate of a deceased person, it shall and may be lawful for such
collector, after complying with the requisites prescribed by the said
original act, to bring suits for the recovery of debts, or other property
of the deceased, in the same manner as an executor or administrator
might or could do, and that the property recovered or received
by the collector shall be delivered to the person obtaining
the letters testamentary or of administration, and in case of neglect
or refusal, such collector may be proceeded against in the
same manner as prescribed by said act; Provided, That in case such
letters shall be revoked, pending any such action, either by the express
revocation of the court who issued the same, or by the granting
of letters testamentary or of administration on the same estate,
there shall be the same proceedings, and the executor or administrator,
as the case may be, shall have the same authority and control
over any such action, as in cases where the letters testamentary
or of administration of any plaintiff are or shall be revoked. |
Where letters
have issued to any
person, he may sue
to recover debts.
Proviso. |
6. AND BE IT ENACTED, That if any letters
testamentary or
of administration shall be revoked by the orphans court, and new
letters granted, pending any action at law or in equity against any
person appointed an executor or administrator by such letters so revoked,
there shall be the same proceedings in the action upon the
suggestion of such revocation of the letters as is directed by the
act of seventeen hundred and eighty-five, chapter eighty, in cases
where the defendant shall have died pending such action, and in
case there had been a judgment rendered previous to the revocation
of the letters, a scire facias shall issue upon such judgment against
the proper executor or administrator, suggesting the revocation of
the letters of the former executor or administrator, and there shall
be the same proceedings as in ordinary cases against executors and
administrators, but if the letters testamentary or of administration
of the plaintiff be revoked pending such action, or after judgment
as aforesaid, there shall be the same proceedings as is provided by
the fourth section of the fifth chapter of the act to which this is a
supplement. |
If letters are revoked
and new
ones granted same
proceedings may
be had as directed
by act of 1785, ch.
30. |
7. AND BE IT ENACTED, That in case a judgment
shall be obtained
against any executor or administrator, made a defendant as
aforesaid, and it shall not be found by the jury that such executor
or administrator has assets sufficient to discharge the same, the
plaintiff in such judgment may also issue a scire facias on such
judgment
against the executor or administrator whose letters have been
revoked as aforesaid, suggesting that such executor or administrator,
as the case may be, did receive assets of the deceased liable
to such judgment, more than was paid over or delivered by such executor |
In case a judgment
shall be obtained
against an
executor, made a
defendant, &c.
scire facias may
also issue against
executor whose
letters have been
revoked. |
VOL. I.
29
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