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* 1.1BE IT ENACTED By the General A••••••••bly, and by the Authority of the same, That the Power of proving of Wills, and granting of Administrations of the Personal Estate of Per|sons
deceased, shall be in the respective Town Councils of this Colony, where such Person deceased last Dwelt or Inhab|ited; which said Town Council, or the major part of them, shall have the Power, as Judge of Probates, to take the Pro|bate of Wills and Testaments, and grant Administrations, and all other matters relating thereto, to Act and Do, as by the Laws of England, and of Hi•• Majesty's Colony doth belong to the said Office.
And be it further Enacted by the Authority aforesaid,* 1.2 That all Devise•• and Bequests of Land or Tenements, or of any Right or Interest in the same, shall be in Writing, and Sign'd by the Party so devising the same, And shall be Attested and Subscribed in the Presence of the said Devisor, by three or four credible Witnesses, or else shall be Void and of none Effect.
And be it further Enacted by the Authorit•• aforesaid, That the Town Council of each Town, may Summons and Convent before them, all and every Person named Executor or Execu|tors, of any Testament, to the intent to prove or refuse the Testament of his or their Testator; And to bring in Invento|ries of such Testator's Estate;* 1.3 And in case such Person or Per|sons take upon him or them, the Executorship, by proving the Will, that then at the same time, such Executor or Exe|cutors, shall give Bond to the said Town Concil, that within one Month af••er such Probate,* 1.4 he or they will Exibit a true and perfect Inventory upon Oath, of the whole Personal Es|tate of t••e Deceased, as far as shall come to his or their know|ledge; And that he or they will add thereunto, what and so much as may afterwards appear.
And be it further Enacted, That such Executor or Execu|tors, upon his or their making an Inventory of said Estate,* 1.5 shall call two of the next of Kin, or two other honest Men, and of good Credit of the Neighbourhood, and in their Pre|sence, and by their Direction cause to be made a True and Per|fect Inventory of all the Goods and Chattels, Wares, Mer|chandizes, Rights and Credit of the Testator to be Exhibited to the Town Council, and there Recorded.
And be i•• further Enacted,* 1.6 That upon Probate of such Will or Testament, the Witnesses to the same, shall upon their Oaths declare, that they saw the Testator Sign, Seal, and Declare the same to be his last Will and Testament; And that in his Pre|sence, they set their Hands as Witnesses thereunto, and the said Testator was in his perfect Mind and Memory, at the same time. Which said Testament being so proved,* 1.7 the Clerk of the said Council, shall transcribe a Copy thereof into the Book of Record▪ and deliver the Original to such Executor or Execu|tors,
with an Attest of its being Recorded. And the said Town Council, shall without Delay give to such Executor or Executors, under the Seal of the said Office, a Power to Ad|••inister the said Estate.
And be it further Enacted by the Authority aforesaid, That in case the Person or Persons named Executor or Executors in a Will (being duly Summoned) before such Town Council, to prove the Will,* 1.8 shall refuse so to do, and take upon him the charge of Executorship, such his Refusal shall be entered in the Register's Book of said Town Council, and thereupon such Town Council shall grant Letters of Administration, with the Will annexed thereto, to the Widow or next of Kin to the deceased Person, that shall desire the same; And upon their Refusal, to one or more of the Principal Creditors, ••s the said Cou••cil sh••ll think fit.
And be it further Enacted, That when and so often as any Person shall Dye Intestate,* 1.9 Administration of such Intestates personal Estate shall be granted to the Widow, or next of Kin to the Intestate that shall desire the same. And in case of their refusal thereof, to such principal Creditor or Creditors, as the said Town Council shall think fit.
PROVIDED always, and be it Enacted, That such Widow or next of Kin, or ••rincipal Creditor or Creditors of such Intestate,* 1.10 desiring the Administration of such Intestate E|state, shall at the granting of the same, give Bond to the said Town Council, with two sufficient Sureties, in double the Sum of what the said Intestate's Personal Estate shall be by the said Town Council Valued to be worth, for his and their true and rightful Administration of the said Estate according to Law; And duly Exhibiting a true and perfect Inventory of such Estate unto the Town Council, and to them at all times when Required, to render a true and faithful Account of such his,* 1.11 her, or their Administration.
AND be it further Enacted, That if any Party shall be Agrieved at the Judgment or Sentence of such Town Council, for any matters contained in this Act,* 1.12 that in such Case, it shall be Lawful for such Person to Appeal from the said Judg|ment or Sentence, unto the Governour and Council of this Colony; who as the Supream Ordinary, or Judge of Probates, are hereby Impowered, to hear and, determine such Appeals, and to give such Judgment thereupon, as to them shall appear right and agreeable with Law.* 1.13
PROVIDED always, That such Person or Persons de|siring an Appeal as aforesaid,* 1.14 give security by Bond, to said
Council, to prosecute such Appeal with Effect, and to pay such Costs, as may be taxed against him or them.
AND be it further Enacted by the Authority aforesaid, That if any Person shall Marry with an Executrix, or Admi|nistratrix,* 1.15 such Person upon Information given thereof by any Creditor, Legatee, or other Person Interested in such Estate, to the Town Council, before whom the Will was proved, or by whom Administration was granted, shall be Obliged by such Town Council, to give Bond with sufficient Sureties, in Dou|ble the Value of such Estate, to such Town Council, and their Successors, for the Right, Full and Due Administration of the Estate of the Testator or Intestate, by such Executrix or Admi|nistratrix And in case of Refusal,* 1.16 any one or more of the Justices of the Peace or Wardens, belonging to such Town Council shall Commit such Person to his Majesty's Goal in Newport, there to remain until he shall have performed th•• same.
AND be it further Enacted, That upon such Persons giv|ing B••n••, with Sureties as aforesaid, all former Bonds given by such E••ecutrix or Administratrix, shall be delivered up to be Cancel'd.
TownCoun••l'•• to 〈…〉〈…〉 and 〈…〉〈…〉.
All Will•• de|vising Land shall be in Writing, and shall have 3 Witnesses.
Ex••cu••ors to give Bond.
And make Inven••o••ies.
Administrati|on 〈…〉〈…〉.
I•• the E••••cu|to••s r••fuse to 〈◊〉〈◊〉, to grant Admini|stration to the n••x•• of Kin, or to the grea••est Creditor.
Administrati|on of Intestate Estates, to be granted to the Widow, or next of Kin.
Administra|tors to give Bond, and render an Ac|compt of their Administrati|on to the TownCounc••l, when required.
Vide Act 1737.
Appeal to the Governour and Council, as Supream Judge of Probates.
Vide Act 1737.
Appellant to give Bond.
He that Mar|••ies ••ith an ••xecutrix, or Admini••••ra|trix to give Bo••d.
Upon r••fusal to 〈◊〉〈◊〉 commit|ed to ••oal.