1822 - Edocs
1822 - Edocs
1822 - Edocs
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J3t<br />
of letters of administration and letters testamentary recorded<br />
in pursuance of this section, under the seal of the<br />
ofhee where the same were granted shall have the same<br />
effect in law as the original might or could have in law<br />
or equity. And if any clerk shall deliver such letters of<br />
administration or letters testamentary without recording<br />
the same, he shall forfeit to the parly injured double the<br />
damages which he may have sustained for default of such<br />
record being made.<br />
14. Be it furthtr enacted, That, no executor or admin- Executors &.c may<br />
istrator with or without the will annexed, shall be at lib- notresign.<br />
erty to resign his administration or executorship, unless<br />
with the permission of the court, and in such cases the<br />
court shall previously require a full settlement of his or<br />
her administration or executorship.<br />
15. Beitjurther enacted, That, every clerk or court in Three appraisers<br />
vacation, on granting letters testamentary, or letters of and their proceed<br />
administration, shall appoint three respectable disinter- h'g's.<br />
ested persons, of the neighbourhood of the deceased, and<br />
not being of kin to such deceased or widow, who being<br />
sworn or affirmed before some justice of the peace for<br />
that purpose, shall truly and justly, to the best of their<br />
skill and abilities, view and appraise all the slaves and<br />
all the personal estate to them produced; and shall return<br />
such appraisement under their hands to the court or<br />
clerk ordering the same. Which appraisement if signed<br />
by the executor or administrator may be considered as an<br />
inventory of such part of the estate as had heretofore come<br />
to his hands or posssession; and in all cases where any person<br />
dies intestate leaving a widow, or widow and children,<br />
or children and no widow, such widow shall be entitled<br />
-to keep her wearing apparel and such household goods,<br />
farming utensils, provisions and clothiug necessary for<br />
the support and maintainance, of such widow, widow and<br />
children, or children, as the appraisers shall exempt from<br />
inventory, they having special regard to the ability of<br />
such widow, or widow and children to provide and maintain<br />
herself and themselves. And it shall be the duty of<br />
the court or clerk appointing appraisers to an intestates<br />
estate as aforesaid to direct them to make out a list or<br />
statement, signed by such appraisers, of all the household<br />
goods, farming utensils, and provisions and clothing'<br />
by them exempted from inventory, together with the<br />
number of such family, which list and statement ol articles<br />
it shall be the duty of such appraisers also to ap- *<br />
praise, and to lodge with the clerk or court which list of<br />
articles and appraisement shall be considered and taken<br />
as forming a part of the widows dower, or be in lieu<br />
thereof, if the same shall amount to one third part of the<br />
said deceased's estate, and such list or statement shall<br />
discharge the administrator from being accountable for<br />
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