New-Haven's settling in New-England and some lawes for government / published for the use of that colony : though some of the orders intended for present convenience, may probably be hereafter altered, and as need requireth other lawes added.

Wills, Inventories, and the Estates of such as dye intestate.

It is ordered, That vvhen any man dyeth possessed of an E∣state within this Jurisdiction, whether it be greater, or lesse, The Secretary of each Plantation, or some Officer thereunto appointed, shal enquire and call for the last Wil and Testament of every such person, together with a true Inventory of all the goods and estate of the deceased, within this Jurisdiction, which vvith the first conveniency shal be justly prized, and the estate disposed, or preserved, as the case shal require. But the Will (if any be made and found) and the Inventory, shal be du∣ly and respectively proved by oath, the Wil by Witnesses, the

Inventory for the quantity of the goods, by Executors, Admi∣nistrators, or such as have had the Estate in custody. And for the valuation by the Apprisers, who shal be approved and apoin∣ted thereu••to, by the Plantation Court, or by some Magistrate, or Authority there setled, and shal be recorded by the Se∣cretary or some other Officer in all the particulars, and so kept among the Plantation Records, and after presented to the next Court of Magistrates, or at the furthest to the next Court but one, after the party deceased, under such penalty as the Court shal judge meet, and delivered to the Secretary for the Jurisdiction, who shal keep all original Wils and Inventories upon the File, and enter onely a brief abstract of them, among the Jurisdiction Records; namely, the date of the Wil, the names of the Witnesses, when proved, when the Inventory vvas taken, the persons by vvhom the estate was prised, vvith the summe it amounts to, and writing upon the Wil and Invento∣ry, in what folio the premises are entred in the book of Re∣cord. And that six shillings be paid for every such Wil and In∣ventory. But in Plantations where there is no Court, the Ju∣risdiction Secretary shal at each generall Court, call to the Deputies for such Wils, & Inventories, which are to be brought in, and entred at large, in a book of Records kept by the Court of Magistrates for that purpose, and the Originals kept on the file, as before expressed. And in such cases the Jurisdiction Secretary to receive the Fees due both to himselfe and the Plantation Secretary. And when either the Wils, or Invento∣ries, or both, are large, and require much writing, the Court of Magistrates, or Plantation Court, may enlarge the Secreta∣ries Fees. But if through the unskilfulnesse, or inadvertency of any person, any Wil, or Wils, made or left, want due Form, or cannot be legally proved, in such case, the Court following as neer as they rationally may, the scope, and aim of the Te∣stator, the Executor, or Administrator, before any of them in∣termeddle, or have any power of such an Estate, shal (if the Court see cause) put in sufficient security, which shall stand in force three years from the date, to deliver back the value of the whole Estate, or such part of it, as the Court shal finde just cause, otherwise to dispose of.

But if no Wil be found, then the Court of Magistrates, or Plantation Court, shal consider, who hath the next right of

Administration and when any such doth administer, he, she, or they, shal give such Bond, or Security, as the Court considering the value of the Estate with such questions as are like to arise, shal judge meet, to bring in a true Inventory, within a conveni∣ent time limited, and to dispose of the whole estate, as the Court according to the Laws here setled, shall see cause toorder. And concerning such as dye here intestate, It is Ordered, That the true estate, all just debts being paid, & all necessary expences discharged; such as about the Funeral of the deceased, prising the goods, bringing in the Inventory, immediate & reasonable char∣ges of House keeping, til things (without unnecessary delay) may be setled, shal be divided and alotted as followeth; Namely, one 3 d. part at least, to the Widow of the deceased, if he leave a Wi∣dow. And if there be children left, not or not duly provided for, two third parts at most to them, with due respect to the eldest Son, who is to have a double childs portion, of the whole Estate, Real, and Personal, unlesse the general Court, upon just cause, and grounds, shal judge otherwise, either for dividing the Estate, or for the portion of the first born. But in case the Intestate Ieave his wife (who hath well deserved of him while he lived) and but one Child, one third part of the Estate, shal as before, go to the Widow, and one third part to the Child; but the other third part shal be divided by the Plantation Court, as they see cause, betwixt the Widow and the Child, reserving liberty for an Appeal, either to the Court of Magi∣strates, or to the general Court, as in other cases.

Wine. See Impost.

Notes

• Deut: 21:17.