1822 - Edocs

137
shall not be charged of his own estate further than the
real amount ot the estate of the testator, or intestate, at
the time of his or her death : And if, on trial, the plaintiff
can shew waste or mismanagement of the estate, to the
amount of his own demand, he shall recover of the proper
estate of the executor or administrator, his debt with interest
and costs : Provided, that if the estate of the deceased,
were insufficient, at the time of his death, to pay
all the debts of the said deceased, then such plaintiff in the
action of waste, shall recover of the proper estate of the
executor or administrator, such rate or proportion of the
whole assets, as he would have drawn or was entitled to
out of the estate of the deceased, under the Jaw in cases
where the estate is unable to pay the whole debts.
34. Be itfurther enacted, Tkat, the* bonds to be given,
bv the administrator or executor, in pursuance of tKis act,
maybe put in suit and prosecuted from time to time, at
the suit of the party injured, in the name of the Governor
of the Territory, to the us^e of the party injured, for a
breach of said bond or bonds, until the whoie damage
thereon be recovered. 4
35. Be it further enacted, That, the clerk of the Circuit
court shall give to any person who may request the same,
upon payment of the legal fees, a true copy of any bond
eiven by executors, or administrators, in pursuance of
this act, and such copy certified by said clerk, with the
seal of the court, annexed, shall be sufficient evidence in
any court, on any trial that shall be htfd for the breacn of
the conditions thereof. >
36. Be it farther enacted, That, no security fot any executor
or administrator, shall be ctfjfrged beyond % the assess
of tl^e testator or intestate by reason of any omission
or mistake in pleading, or for false pleading, oYs*ch executor
or administrator.
37. Be it further enacted, That, whenever any legatee,
- creditor or person interested in the real and personal es-
tate of a pei son who has heretofore died or shall'Jiereaf-.
ter die, or surety in any bond given by executors or administrators,
or wasting or mismanaging the estate ojj
such deceased, or that the sureties given in any of the asj
foresaid bonds, are likely to become insolvent, and shall
mu.ke application to the circ u it cou rt, of th.e_^f_ojjnt^ in M
which letters testamentary or letTM^W administration
have been or shall be granted, the saidt:ourt are hereby
empowered to examine the cause of complaint, and it it
shall appear to them that the same is just, it shall and
may be lawful for such court to order such executor, or
1
administrator, to give sufficient bond with securities,
notwithstanding the testator shall have directed, in and
by his last will and testament, that no security shall be
given by his executor or executors, or such further secu-
If waste is shewn
Proviso.
Executor Sec. be
sued, on their bont
from time to time.
Copy of executor*:
bond.
Security for exec*
tor how far liable
Legatee and others
complaining- of
waste or mismanagement.