1844.

THOMAS G. PRATT, ESQUIRE, GOVERNOR.

CHAP. 201,

Non-resident
guardians of
infants living
of this State.

entitled to any legacy, bequest or distributive share of any
personal property in the hands of any executor or admin-
istrator in this State, and such infant if male, is or shall be
under the age of twenty-one years, or if female, under the
age of eighteen years, and not residing in this State, nor
having any guardian therein, but residing in some other
State or Territory of the United States, and having a
guardian in such other State or Territory, duly qualified
according to the laws thereof, and who shall have there
given good and sufficient security for the faithful perfor-
mance of his or her trust as such, or in words to that ef-
fect, and who as guardian hath or shall then have the cus-
tody of the person of such infant; then the Orphans' court
of the county in which the said executor or administrator
may have administered in this State, shall upon the peti-
tion in writing of such guardian, setting forth the premises,
and stating the entire amount of the personal property in-
cluding that in this State, belonging to such intent, and
also the amount of the income of the real estate, if any of
such infant which hath come or is likely to come into the
hands of such guardian, and accompanied by a copy duly
authenticated of the record of his or her appointment and
qualification as such guardian, and of the bond or other in-

Make affida-
vit

strument or security so given as aforesaid, verified as to the
truth of the facts set forth in said petition, by the affidavit
of such guardian; and as to the sufficiency of such security,
all things being considered by the affidavit of the chief
clerk or prothonotory. of the court, tribunal or authority
by whom such security was taken, or of some other disin-
terested and credible witness or witnesses; and upon the
said Orphans' court being satisfied of the truth of the facts
set forth in such petition as aforesaid, and of the sufficien-
cy of such security, order and direct the said executor or
administrator to pay, transfer or deliver such legacy, be-
quest or distributive share to such guardian at such time,
and in like manner by order of court as is provided by the
laws of this State, in the cases where the said parties and
infants are residents within the State, and on failure of any
executors or administrators to comply with such order, the

Proceedings
against execu-
tor.

same proceeding may be had against said executor or ad-
ministrator, upon his bond or otherwise, as is now provid-
ed by law for the payment of legacies and bequests, and
the distribution of intestate estates as shall appear reason-
able, that is to say, such direction shall be given, in the
case of a legacy or bequest, as soon as it can be done
without prejudice to the party administering, and in the
case of a distributive share as soon as it can be ascertain-
ed, and on failure of any executor or administrator to