1822 - Edocs

Executors he. settle
with court every
six months.
138
rity, as they may think necessary, amounting to the va-
lue of the estate : \v :ich securities snu.ll oe taken ar.ci rii-
ed in the office of the said court, in the name of the gov-
ernor of this Territory. An, i the said bond shall be decreed
and considered in trust for the benefit of alt persons
interested in said estate, whether legatees, legal representatives,
creditors or securities in former AU-niuisiration
bonds. And n case such executor or administrator
shall refuse or neglect, for the space of thirty days after
due notice of such order, to give the security, or further
security so ordered, then the court shall vacate the letters
testamentary or 01 udministratiu' . and grant new letters
to such person or persons, and upon such security, as said
court shall think proper, and shall, moreover, order tie
former executor or administrator to deliver over ana pay
to the successor, all and every the goods chattels and credits,
rights, titles, deeds, evidences and securities, which
were the decedents, and which came to \ is or their
hands, and remain uuadministered, and to account to the
said successor, for all and every the goods, chattels,
rights and credits, which shall have been previously administered,
and pay over the balance, which shall remain
due from him or them, to the said successor, in such
manner and at such time as the said court shall upon
examination and confiimation of such account, to be
had according to the course of proceedings by this act
provided for in cases of accounts of executors ana administrators
to be settled in said court, award and order.
And if any such superceded executor or administrator
shall neglect or refuse to comply with such award and
order, the court on motion, shall proceed against him or
them by attachment for contempt, or the succeeding administrator
may proceed at law against him or them, or
his or their securities, if any there be, or against any
other person or persons that may be possessed of any
estate of such deceased person, or both the remedies may
be pursued at the same time, if the case may require, un-
til the end be fully attained. Provided, that, the suits
(be instituted against such securities within seven years
after the vacating of such letters testamentary, or of administration.
And the whole amount of money, to be
reooveredabjaie.upon,,, shallow* ex««ttd. tne penalty of the
said bonds respectively.
38. Be it further enacted, That, executors and admin-
istrators with or without a copy of the will annexed shall
make settlement'of their accounts, with the court, so far
as they have administered tne estate of the deceased, at
least once in eveiy six months; and it shall be the duty
of the court, at the first term to be holden by them, annually,
to cause every executor and administrator to make
such settlement as aforesaid, until the duties of their saic