1 Scho. & Lef. Would have done, if he had survived the testator; unless a different disposition thereof shall be made or required by the will. 111. 1783, 24, § 8. When estate devised is taken to pay debts, other devisees to contribute; 1783, 24, § 18. Unless a differ tion is made by the will. SECT. 25. When any estate, real or personal, that is devised, shall be taken from the devisee, for the payment of the debts of the testator, all the other devisees and legatees shall contribute their respective proportions of the loss, to the person from whom the estate is taken, so as to make the loss fall equally on all the devisees and legatees, according to the value of the property received by each of them; excepting as provided in the following section. SECT. 26. If in such a case the testator shall, by making a specient appropria- fic devise or bequest, have virtually exempted any devisee or legatee from his liability to contribute with the others, for the payment of the debts, or if he shall, by any other provisions in his will, have prescribed or required any appropriation of his estate, for the payment of his debts, different from that prescribed in the preceding section, the estate shall be appropriated and applied, in conformity with the provisions of the will. The whole estate to be liable for debts. Child, &c. omit ted in the will SECT. 27. Nothing contained in the two preceding sections shall impair, or in any way affect, the liability of the whole estate of the testator for the payment of all his debts; but the provisions in these sections shall apply only to the marshalling of the assets, as between those who hold or claim under the will. SECT. 28. When any part of the estate of a testator descends and posthumous to a child or other descendant, by reason of his having no provision child, liable, made for him in the will, or when it descends to a posthumous child, contribution, as such estate shall, for all the purposes of the three preceding sections, and entitled to a devisee. Case of insolvency of one of devisees, &c. Undevised real 3 Johns. Ch. Proceedings in suits for contribution. be considered as if it had been devised to such child or other descendant; and he shall accordingly be bound to contribute with the devisees and legatees, as before provided, and shall be entitled to claim contribution from them accordingly. SECT. 29. When any of the persons, who are liable to contribute towards the discharge of such debt, according to the provisions contained in the four preceding sections, shall be insolvent or unable to pay his just proportion thereof, the others shall be severally liable for the loss occasioned by such insolvency, each one in proportion to the value of the property received by him from the estate of the deceased; and if any one of the persons so liable shall die, without having paid his proportion of such debt, his executors and administrators shall be liable therefor, in like manner as if it had been his proper debt, to the extent to which he would have been liable, if living. SECT. 30. When any part of the real estate of a testator shall descend to his heirs, by reason of its not being devised or disposed of by his will, and his personal estate shall be insufficient for the payment of his debts, the undevised real estate shall be first chargeable with the debts, in exoneration, as far as it will go, of the real estate that is devised; unless it shall appear from the will, that a different arrangement of his assets, for the payment of his debts, was made by the testator; in which case, they shall be applied for that purpose, in conformity with the provisions of the will." SECT 31. All cases arising under this chapter, in which devisees or legatees may be required to contribute to make up the share of any child of the testator, or of the issue of any child, or in which contribution is to be made among devisees, legatees and heirs, or any of them, may be decided in an action at law, when the case is such as to allow of that course of proceeding; or may be heard and determined in the probate court, allowing an appeal to the supreme court of probate, as in other cases; or they may be originally brought, and finally determined, in the supreme judicial court as a court of chancery. SECT. 32. No will shall be effectual to pass either real or per- No will effectual sonal estate, unless it shall have been duly proved and allowed in the without probate. probate court; and the probate of a will devising real estate shall be Probate conconclusive as to the due execution of the will, in like manner as it is 1 Pick. 114. of a will of personal estate. clusive. 16 Mass. 433. TITLE IV. Of the settlement of the estates of deceased persons. CHAPTER 63. Of letters testamentary and other proceedings on the probate of a will. CHATTER 64. Of the administration and distribution of the estates of intestates. CHAPTER 65. Of the inventory, and collection of the effects of deceased CHAPTER 66. persons. Of the payment of debts and legacies of deceased persons. CHAPTER 68. Of the proceedings when the estate of the deceased is in solvent. CHAPTER 69. Of the appointment of trustees for minors and others; and of their powers and duties. CHAPTER 70. General provisions concerning the settlement of the estates of deceased persons. CHAPTER 63. OF LETTERS TESTAMENTARY AND OTHER PROCEEDINGS ON THE SECTION 1. Letters testamentary to be issued. 3. Different bond may be given when ex- SECTION 4. Such bond not to discharge lien of 5. If executor renounces, &c., administra- Letters testa issued. SECTION 1. When any will shall have been duly proved and mentary to be allowed, the judge of probate shall issue letters testamentary thereon to the executor, if any, named therein, if he is legally competent, and if he shall accept the trust and shall give bond to discharge the same; otherwise the judge of probate shall grant letters of administration on the estate, as hereinafter provided. Executor's bond to the judge of probate. 17, 1783, 26, Different bond may be given when executor is residuary leg1783, 24, § 17. atee. Such bond, not to discharge lien of creditors on real estate, -unless, &c, 3 Mass. 523. 542. If executor renounces, &c. administration SECT. 2. Every executor, before entering upon the execution of his trust, shall give bond with sufficient surety or sureties, in such sum as the judge of probate shall order, payable to the said judge or to his successor, with condition as follows: First, to make and return to the probate court, within three months, a true inventory of all the real estate, and all the goods, chattels, rights and credits of the testator, which are by law to be administered, and which shall have come to his possession or knowledge: Secondly, to administer according to law, and to the will of the testator, all his goods, chattels, rights and credits, and the proceeds of all his real estate, that may be sold for the payment of his debts or legacies, which shall at any time come to the possession of the executor, or to the possession of any other person for him and Thirdly, to render upon oath a just and true account of his administration, within one year, and at any other times, when required by the judge of probate. And when there are two or more persons appointed executors, none shall intermeddle nor act as such, but those who actually give bond as before prescribed. SECT. 3. Provided however, that if the executor is residuary legatee, he may, instead of the bond prescribed in the preceding section, give bond in a sum and with sureties to the satisfaction of the judge of probate, with condition to pay all the debts and legacies of the testator; in which case he shall not be required to return an inventory. SECT. 4. The giving of such bond, as is provided in the preceding section, shall not discharge the lien on the real estate of the testator, for the payment of his debts, excepting only on such part thereof, as shall have been sold by the executor, to one who purchased in good faith, and for a valuable consideration; and all the estate not so sold may be taken in execution by any creditor, who is not otherwise satisfied, in like manner, as if a bond had been given in the other form. SECT. 5. If any person, who is appointed an executor, shall refuse to accept the trust, or if after being duly cited for that purpose, to be granted. he shall neglect to appear and accept the same, or if he shall neglect, 1783, 24, 16. for twenty days after probate of the will, to give bond as before prescribed, the judge of probate shall grant letters testamentary to the other executors, if there be any capable and willing to accept the trust; and if there is no such other executor, the judge of probate shall commit administration of the estate, with the will annexed, to the widow of the deceased or to his next of kin, or to such other person, as would have been entitled thereto, if the deceased had died intestate. during the mi SECT. 6. When a person appointed executor is under the age of Administration twenty one years, at the time of proving the will, administration may nority of an exbe granted with the will annexed, during his minority, unless there be ecutor. another executor who shall accept the trust, in which case, the estate 1783, 24, § 17. shall be administered by such other executor, until the minor shall arrive at full age, when he may be admitted as joint executor with the former, upon giving bond as before provided. what causes re SECT. 7. When an executor, residing out of this state, shall, Executor, for after being duly cited by the judge of probate, neglect to render his movable. accounts and to settle the estate according to law; or when any ex- 1783, 24, § 19. ecutor shall become insane, or otherwise incapable of discharging his 1808, 98, 1. trust, or evidently unsuitable therefor, the judge of probate may remove him, and the other executor, if there is any, may proceed in discharging the trust, as if the executor, so removed were dead; and if there is no other executor to discharge the trust, the judge may commit administration, with the will annexed, of the estate not already administered, to such person as he shall think fit, in like manner as if the executor so removed were dead. istrator with the SECT. 8. Every person, who is appointed administrator with the Bond of adminwill annexed, shall, before entering on the execution of his trust, give will annexed. bond to the judge of probate, in like manner and with like condition, as is required of an executor. guishes her au SECT. 9. When an unmarried woman, who is executrix either Marriage of an alone or jointly with another person, shall marry, her husband shall executrix extinnot be an executor in her right, but the marriage shall operate as an thority. extinguishment of her authority as executrix; and the other executor, 17 Mass. 341. if there is any, may proceed in discharging the trust, as if she were 1783, 24, § 19. dead; and if there is no other executor, administration, with the will annexed, may be granted of the estate not already administered. administer the SECT. 10. The executor of an executor shall have no authority, Executor of exas such, to administer the estate of the first testator; but, on the death ecutor not to of the sole or surviving executor of any last will, administration of estate of the the estate of the first testator, not already administered, may be first testator. 1783 24, § 19. granted, with the will annexed, to such person, as the judge of probate shall think fit to appoint. Distribution of personal estate of intestates. 1. Auvancements to issue not to SECTION 3. What court shall grant administration. 5. Administrator's bond to the judge of 6. Special administration, during suit, &c. 9. To cease on appointment of executor 10. Special administrator not liable to 11. Executor in his own wrong, who shall SECTION 1. SECTION 12. Accountable to the rightful executor or administrator. 13. No original administration after twenty years. 14. Administration de bonis non, when to be granted. 15. Administrator removable for cause, and a successor to be appointed. 16. Administration to be revoked, on proof of a will. 17. Marriage of administratrix, extinguishes her authority. When any person shall die possessed of any personal estate, or of any right or interest therein, not lawfully disposed of by his last will, the same shall be applied and distributed as follows: First, the widow, if any, shall be allowed all her articles of apparel or ornament, according to the degree and estate of her husband, and such provisions and other necessaries, for the use of herself and the family under her care, as shall be allowed and ordered in pursuance of the sixty fifth chapter; and this allowance shall be made, as well when the widow waives the provision made for her in the will of her husband, as when he dies intestate: Secondly, the personal estate, remaining after such allowance, shall be applied to the payment of the debts of the deceased, with the charges of his funeral, and of settling his estate: Thirdly, the residue, if any, of the personal estate, shall be distributed among the same persons, who would be entitled to the real estate, by the sixty first chapter, and in the same proportion as there prescribed, excepting that alienage in any person, claiming a distributive share of the personal estate, shall be no impediment to his receiving the same share, that he would have been entitled to if he had been a citizen; and excepting also as is herein further provided; that is to say, Fourthly, if the intestate were a married woman, her husband shall be entitled to the whole of the said residue of the personal estate : Fifthly, if the intestate leave a widow and issue, the widow shall be entitled to one third of the said residue : Sixthly, if there be no issue, the widow shall be entitled to one half thereof: Seventhly, if the intestate leave no kindred, the widow shall be entitled to the whole of the said residue and Eightly, if there be no husband, widow, or kindred of the intestate, the whole shall escheat to the Commonwealth. SECT. 2. If the intestate leave a widow and issue, and any of the issue shall have received an advancement from the intestate in his the distribution life time, the value of such advancement shall not be taken into con be computed in to the widow. 1 Pick. 161. sideration, in computing the one third part to be assigned to the widow; but she shall be entitled to the third part only of the said residue, after deducting the value of the advancement. |
