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THOMAS JOHNSON, Esq; Governor.
all disputed cases of commencing his, her or their suit, originally
in the county
court, general court, or high court of chancery, according to the known
and established
jurisdiction of such court respectively. |
1777.
CHAP.
VIII. |
XI. And be it
enacted, That it shall and may be lawful for all and every person
or persons, who think themselves aggrieved by such decree or judgment,
to
appeal therefrom, within sixty days after the award or rendition thereof,
to the
general court, or chancellor of this state, at his or their election; provided
that
bond be given with good security to prosecute the said appeal with effect,
within
thirty days after the appeal entered, and to pay such costs and damages
as shall
be adjudged on the hearing such appeal, or attachment or execution may
issue as
if no such appeal had been made. |
Persons aggrieved
may
appeal, &c. |
XII. And be
it enacted, That if any person, having a mansion house, or place
of known residence and abode, within this state, shall depart this life,
and shall
have disposed of his or her estate, or any part thereof, by will, such
will shall be
proved in the orphans court of that county where such mansion house, or
place of
residence or abode, shall have been; and if such person shall not have
had any mansion
house, or place of residence or abode, as aforesaid, and shall have devised
any
lands by his will in writing, then such will shall be proved in the orphans
court
of that county wherein such lands shall lie; and if such person shall by
such will
have devised lands lying in several counties, and shall die in any
of those counties,
then the will shall be proved in the orphans court of that county herein
he or
she shall happen to die; and if such person, devising lands as aforesaid,
shall die
in another county than where any of his or her lands shall lie, then the
proof of
such will shall be made in the orphans court of some one of the counties
where
such lands shall lie, and not in any other county: And the proof
of any will once
well and sufficiently made in any county, as is above directed, shall be,
and is
hereby declared to be, of the same force and effect as if the same had
been proved
in every county where any land or other estate shall lie: And where
any person,
having no mansion house, or place of known residence or abode, nor any
lands
within this state, shall die, having made his will of personal chattels,
such will
shall be proved in the county where he shall die, or in the county where
the
greatest part of his estate doth lie. |
In what county
wills of deceased
persons
are to be
proved. |
XIII. And be
it enacted, That if any person, having a mansion house, or other
known place of residence or abode, within this state, shall die intestate,
in such
case, the orphans court of that county where such mansion house, or place
of residence
or abode, shall be, and not any other county court, shall have full power
and authority to hear and determine the right of administration upon the
estate of
such intestate, and to grant letters of administration thereon: And
if such person
dying intestate, shall not have had any mansion house, or place of residence
or
abode, then administration shall be granted by the orphans court of that
county
wherein such person shall have died, or where he or she may have the greatest
part
of his or her estate, and not in any other county. |
In what county
letters on
intestates estates
are to be
granted. |
XIV. And be
it enacted, That letters testamentary, or letters of administration,
granted pursuant to and in manner prescribed by this act, shall empower
and enable
the executor and executors, administrator and administrators, therein named
and appointed, to sue for, recover and receive, by all lawful ways and
means, all
and singular the goods and chattels, real and personal, and all and every
the
debts, or other estate, of their and every of their testator or intestate,
within any
of the counties of this state, in like manner as they might or could do
within the
county where such probate is made or letters of administration granted
respectively,
any law or usage to the contrary notwithstanding. |
Letters testamentary,
&c.
granted, shall
entitle executors,
&c. to
recover goods,
&c. |
XV. And be it
enacted, That where the executor or executors, and every of
them, shall die or refuse to execute the will of the deceased, in such
case the orphans
court where probate of the will is made, shall grant letters of administration,
with copy of the will annexed, to such person as may have right thereto
by
virtue of the laws of this state. |
Executors dying,
&c. letters
of administration,
&c.
to be granted. |
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