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be thereto annexed; and every inventory fhall be returned to the proper office within three ca-
lendar months from the date of the letters, or within fuch time from the date of the warrant
in cafe a fecond warrant fhall have iffued, as the cafe may require, unlefs further time, on ap-
plication of the party, fhall be granted by the court; and it fhall be the duty of any executor
admimftrator or collector, taking out the warrant, to return the inventory or inventories which
fhall be delivered to him by the appraifers; and on failure by the executor, adminiftrator or col-
lector, attachment may iffue to enforce the return; and on the attachment the court fhall have
power to fine the party not exceeding thirty dollars.
7. If there be any of the perfons interefted in the adminiftration within three miles of the
place where the perfonal eftate is to be appraifed, it fhall be the duty of the executor, adminiftra-
tor or collector, and of the appraisers, to give notice to the faid perfons, or to at leaft two of
them, of the time and place appointed for making the appraifement.
8. Every executor, executrix, adminiftrator or adminiftratrix, fhall return likewife within
the time, and under the pain aforefaid, with an affidavit of the truth annexed, an inventory of
the money belonging to the deceafed which hath come to his or her hands, and of the debts due
to the deceafed which have come to his or her knowledge, fpecifying the nature of each debt,
and fetting down fuch as he or fhe fhall deem fperate, diftinct and feparate from thofe which he
or fhe fhall deem defperate or doubtful.
9. Every collector likewife fhall return, within the time, (unlefs fuperfeded) and under the
form aforefaid, with an affidavit of the truth annexed, an inventory of the money of the de-
ceafed, which he or fhe hath collected, belonging to the deceafed, or received in difcharge of
debts due to the deceafed.
10. Whenever perfonal property of any kind, or affets not mentioned in an inventory already
made out, fhall come to the poffeffion or knowledge of an executor, executrix, adminiftrator or
adminiftratrix, or collector, an account or inventory of the fame fhall be returned, appraifed by
two refpectable difinterefted fworn appraifers, appointed by any juftice of the peace, or judge
of any orphans court, within two calendar months from the time of the difcovery.
11. In cafe an inventory be returned by a collector, duly appointed, the executor, executrix
or executors, or adminiftrator, adminiftratrix or adminiftrators, thereafter adminiftering, fhall,
within three calendar months after the date of his, her or their letters, either return a new in-
ventory, in place of the collector's inventory, or any acknowledgment in writing, that he, fhe or
they, have received from the collector the articles contained in the firft inventory, or content to
be anfwerable for the fame, in the fame manner as if the faid inventory had been made out after
his, her or their adminiftering upon the eftate; provided that nothing herein contained fhall be
conftrued to render any executor, executrix or executors, adminiftrator, adminiftratrix or admi-
niftrators, anfwerable for not making a return of the inventory aforefaid, wherein it fhall appeal-
to the court that he, fhe or they, have been prevented from making fuch return by the improper
detention of the goods of the deceafed by the collector aforefaid.
12. The executor or adminiftrator fhall either finifh the crop on hand at the death of the de-
ceafed, or fell the fame, as he fhall judge the moft convenient; and in cafe he fhall not deem it
convenient to finifh the crop, the perfon entitled to the land on the death of the teftator or
inteftate, or his or her guardian or next friend for him or her, in cafe of infancy of the party
may take the faid crop at the appraifement of the appraifers as aforefaid, paying ready money
or giving bond, with good fecurity, approved by the orphans court, or the regifter of wills of
the faid court, if the faid court be not in feffion at the time of making fuch fale, for paying the
money within fix months; and in cafe the faid party, or his or her guardian for him or her,
fhall not take the crop at an appraifement, the executor or adminiftrator may fell the fame to
any other perfon, for ready money, or on credit as aforefaid; provided neverthelefs, that he fhall
not fell it at lefs than the appraifement, without the approbation of the orphans court granting
the adminiftration, or an order, preferibing the terms, by the faid court, paffed as aforefaid.
13. If an executor or adminiftrator fhall not, within three months after the date of his letters,
exhibit to the orphans court an inventory as aforefaid, a fummons, returnable within not lefs
than eight, or more than thirty days, may ex officio, or on application of a perfon interefted, be
iffued againft fuch executor, or adminiftrator, to fhew caufe wherefore fuch inventory hath not
been exhibited; and if the fummons be duly returned "fummoned," or upon two citations re-
turned non eft, by the fheriff of the county wherein the party refided at the time of obtaining
his letters or of the county wherein the letters were obtained, in cafe the party doth not re-
fide in the ftate, and if he doth not appear at the return of the fummons, or appearing fhall not
fhew caufe fatisfactory, the faid court may immediately enter on its proceedings, and record,
that the faid letters be revoked, and may proceed to grant other letters, in the lame manner as
if fuch executor had not been named in the will, or as if fuch adminiftrators were not in ex-
iftence; and the power of fuch executor or adminiftrator fhall thereupon ceafe, and he fhall be
bound to deliver up, on demand, to the perfon obtaining fuch letters, all the property of the
deceafed in his hands, or be liable to be fued by fuch perfon on his adminiftration bond, or the
court may pafs an order for the purpofe.
14. If there be more than one executor or adminiftrator named in the letters, any one or
more of them, on the neglect of the reft, may return an inventory, and the executor or admi-
niftrator fo neglecting fhall not thereafter interfere with the adminiftration, or have any power
over the perfonal eftate of the deceafed; but the executor or adminiftrator fo returning fhall
thereafter have the whole adminiftration, unlefs, within two months after the return, the de-
linquent or delinquents fhall affign to the court fome reafonable excufe which it fhall deem fatis-
factory.
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C H A P.
CI.
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LEASES for years, eftates for the life of another perfon or perfons, except thofe granted to
the deceased and his heirs only, and all goods, wares, merchandise, utenfils, furniture, negroes,
cattle, ftock, provifions, tobacco, and every kind of produce, the crop on the land of the de-
ceafed, by him or her begun, unlefs where the lands are divided, things annexed to the freehold
or building, which may be removed without prejudice to the building, clothing, ornaments, and
every other fpecies of perfonal property, (except thofe things which are denominated heir-looms,
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CHAP. 7.
Affets.
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