1822 - Edocs

129
the said administrators account, the same being: first examined
and allowed by the circuit court of the county,
where the said administration is granted, and shall de-
liver and pay to such person or persons respectively, as
the said court by their decree and sentence, pursuant to
the true intent and meaning of this act, shall appoint and
direct. And if it shall hereafter appear that any last will
and testament was made by the said deceased, and the
executor or executors therein named, do exhibit the same
hno the office of the said court, making- request to have it
allowed and approved, and the said will is allowed and
approved by said court, then if the said A. B. within
boundeu, being' tiien-to requested, do render and deliver
his said letters of administration* then this obligation to
be void and of no effect, otherwise to remain in full force
and effect."
6. Be it further enacted, That, it shall be the duty of Administrator
the courts or clerks granting letters of administration, be- sworn as to heirs,
fore such letters be granted, to cause the person applying
for administration, to state upon oath, to the best of his
or her knowledge, if there are any heirs or legal representativ
s of the intestate in being, which statement shall be
in writing, and subscribed by the parly making the same.
7. Be it further enacted, That, such person to whom ... J
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i i'i i i i v Sworn .
administration is granted, shall also lake bi lore the bLC ^ c>
court on oath or affirmation, that the deceased died without
a will as far as he knows or believes, and that he will
well ana truly administer, all and singular the goods, and
chattels, rights and credits, of the said deceased, and pay
his debts as far as his goods, chattels, rights and credits
will extend and the law direct. And thai he will make a
true and perfect inventory of all the goods, chattels, rights
and cr> dits, as also a just account when thereto required.
...
as t3 will
8. Be it further enacted, That, if the person named as Administmtiou
executor in any last will and testament, shall refuse to with will annexed,
take ou himself the executorship, the Court or Clerk in
vacation as aforesaid, may receive the proof the will, and
grant letters of administration with the will annexed, to
the person to whom administration would have been
granted, if there had been no will of the deceased.
9. Be it further enacted, That, executors and adminis- Oath offtd*nints-
trators with the will annexed, shall take an oath before trutor.
the court, orclerk in vacation as aforesaid, before granting
a certificate of any probate of any will, that they w il,l
well and truly perform the last will and testament of the
testator, by paying first bis debts, and then the legacies
contained in the said will, as far as his goods, chattels,
rights and credits wUl extend, and the law charge them ;
and that they will make a true and perfect inventory of
the said goods, and chattels, rights , as also a just ac-
Ontntwhen thereto required.