The Newhampshire gazetteer — Exeter, N.H., 1792-11-14 00:00:00, page 4

Provided always, That in
case any persons dying in
testate, after marriage or
arrival to twenty-one years
of age, without lawful issue,
living the father, the whole
estate of such intestate shall
go to the father, reserving
to the widow as is herein
after provided. And in
case the mother be living,
and no father at the time
of such decease, she shall be
entitled to an equal flhare
of the estate with the bro
thers and filters of the in
testate and their legal repre
sentatives.
And be it further eha&ed.
That when any person shall
die, possessed of any chattels
or personal estate not be-
And when any of the
children of an intestate die
before twenty-one years of
age, and unmarried, such
deceased child's share shall
descend among the survi
ving brothers and sisters,
and such as legally repre
sent them ; but if such child
die, after having arrived to
the age of twenty-one years,
unmarried and intestate, in
the life time of the mother,
she shall inherit equally
with every brother and
filter.
Ordering the descent of in
testate estates, and em
powering the judge of
probate to fettle the lame
accordingly.
Passed hb, 3, 1789.
BE it enabled by the Senate
and House of Represen
tatives in General Court con
vened, That when any per
lon shall die seized of lands,
tenements or hereditaments
within this state, not by
him devised, the lame shall
descend in equal shares a
mong his children,and such
as legally represent such of
them as may be dead. And
where there are no children
or child of the intestate, the
inheritance shall descend
equally to the next of kin
in equal degree, and those
who represent them : no
perlon to be admitted as a
legal reprelentative of col
laterals, beyond the degree
of brothers and fillers chil.
dren.
LAW s
OF THE STATE OF
New-Hampshire.
An ACT
Provided nevertheless, That
luch chattels, or personal
estate shall stand chargeable
with the payment of the
debts and funeral charges
of the deceased ; and after
payment thereof, the judge
of probate shall decree one
third part of the furplufage
(if any there be) to the wi
dow of the deceased forever,
unless hedied without issue,
in which case she shall have
one half thereof forever.
And where the personal es
tate shall be insufficient to
pay the said debts and fu
neral charges, the widow
shall be entitled to her ap
parel, and such other of the
personal estate, as the judge
of probate shall think ne
cessary, according to her
quality and degree. And
the real estate shall stand
chargeable with the debts
of the deceased over and a
bove what the personal es
tate shall be fufficient to
pay.
And be it further enabled,
That the widow of any de
ceased person, shall in all
cases, be entitled to her dow.
erin his real estate (where
she shall not have been o
therwise endowed before
marriage) and may recover
the fame as the law directs.
And be it further enabled,
That after the decease of
any person intestate the
judge of probate of wills
for thecounty wherein such
person was last an inhabi
tant, shall grant adminis
tration of the inteftate's
estate unto the widow, or
next of kin to the intestate
(upwards of twenty-one
years of age) or to both, as
the laid judge shall think
best, within thirty days.
And an inventory of all the
estate of the deceased, shall
be taken within three month $
by three suitable persons
appointed for that purpose,
and sworn before thejudge,
or a justice of the peace, to
their fidelity and impartial
ity therein.
And after the expiration
of thirty days from the death
of any person intestate, if
the widow or next of kin,
neglect to apply for admin
istration, the said judge shall
cause them to be cited th
take the fame, and if they
negfea or refufe to admin-
queathed, the fame shall be
distributed in the manner
real estates descend by this
act.
And the judge of probate
shall appoint five free-hold
ders to make distribution
of the real estate of any
intestate, which being made
and returned to the judge
under their, or the major
part of their hands, upon
oath to their fidelity and
impartiality therein, and
■accepted and allowed by
the faidjudge, shall be valid.
And the dower of widows
in intestate estates that are
solvent, after the expiration
of their term therein, shall
ifter accordingly, he shall
grant ad ministration to one
or more of the principal
creditors, or others on their
refufal, as he shall think
proper. And every admin
istrator shall, before he or
she enters upon the execu
tion of that trust, give bond
to thejudge of probate,with
fufficient sureties in a rea
sonable sum, upon condi
tion among other things,
to return to the said judge
a true inventory of the de
ceafed's estate upon oath,
within three months from
the date of the bond, to
administer said estate ac
cording to law, and to ren
der to the judge of probate
a just and true account of
administration within one
year. And after payment
of debts, funeral expences
and charges incurred in fet
tling any estate (to be allow
ed by the faidjudge) he fnall
caule the residue to be di
vided, and partition thereof
to be made among the wi
dow, children and grand
children, or heirs, as this
aft directs, unless any of
them have had estate of the
intestate in his life time, or
been advanced in settlement
which shall be taken into
consideration and allowed
for a share or deluded from
it according to the value
thereof.
And any deed of lands or
tenements made for love or
affedion, or where any per
sonal estate delivered a child,
shall be charged in writing,
or by his or her order, or a
memorandum made thereof,
or delivered expressly tor
that purpose, before two
witnesses, who were bidden
to take notice thereof, the
fame shall be deemed and
taken as an advancement to
such child or children to
the value thereof, within
the intent of this aft.
be distributed in like man
ner among the heirs.
Provided nevertheless,That
the furplufage of every in
testate estate, after the pay,
ment of debts and charges
as aforelaid, shall be fubjett
to the Support of each child,
until he or Die shall arrive
to the full age of seven years,
and after that age, each
child shall receive his or her
support out of his or her
particular share : the ac
count of laid support to be
allowed by the judge of pro
bate. And every one, to
whom any share of any
intestate estate shall be al
lotted, shall give bond to
the judge to pay to the ad^
miniftrator, his or her rate
able proportion of any
debts, that shall afterwards
be made to appear against
said estate, and of the char
ges of administration, and
maintenance and support
of the children under seven
years of age.
Provided further and it is
enabled. That where any re
al estate of an intestate can
nof be divided among all
the children, or their legal
reprelentatives, without
great prejudice to, or spoil
ing the whole, and being
so represented and made to
appear to the judge of pro
bate, he may decree the
whole to the oldest son, if
he will accept it, or to the
oldest and any other of the
sons who shall agree to ac
cept it, or to any one or
more of the sons successive
ly, and upon their refufal,
or if there be no sons, to
the oldest daughter, or upon
the oldest and any other of
the daughters who will ac
cept it, or on any one or
more of them successively;
and in case the intestate left
no issue, upon any one or
more of the collaterals in
equal degree, preference be
ing given to the male hehs :
he, me, or they, paying to
their co-heirs their propor
tionable shares of the true
value thereof, upon an im
partial appraifement of the
fame, to be made by three
freeholders, under oath, ap
pointed for that purpose by
the judge of probate, or giv
ing good security to pay
the fame at such periods as
thejudge (hall limit, with
interest 'till paid.
(Concluded in our next.)