The Newhampshire gazetteer — Exeter, N.H., 1792-11-21 00:00:00, page 1

And be it further enabled,
That when any traft of
land, meffuage, and other
tenement, fhail be of greater
value than either party's
part or share in the estate to
be divided, and cannot be
fab-divided, or part'thereof
aligned to one, and part to
another (without injury or
inconvenience) the fame
may be fettled or aligned
to one of the parties, such
party paying such sum or
funis of money, to the par
ty or parties, as by means
of the alignment, fhail have
Jess than their share of the
real estate, as the committee
appointed to make partition,
fliall award.
And be it further enabled.
That the refpedtivejudges of
probate within this state, be,
and hereby are directed and
empowered, when they make
out their warrants for the
division of the real estate
of any perlon dying intes
tate to and among the heirs,
or for aligning the widow's
dower where such estate, or
any part thereof, lies in
common or undivided with
[Continu'd from our laft.]
^ND be it further enabled.
That the judge of pro
bate may, upon application
of any heir to any intestate
estate, order his or her di
vidend or proportion of the
real estate to be distributed
and let off to such heir, by a
committee of five freehold
ers as aforefaid, he or Ilie
giving bond with fufficient
sureties, to pay his or her
rateable part of the debts,
charges of administration,
and maintenance of chidren
under seven years of age, as
aforefaid.
Ordering the descent of in
testate eftateK and em
powering the judge of
probate to fettle the fame
accordingly.
Newhampfhire
OF THE STATE OF
New-Hampshire.
WEDNESDAY, November 21, 1792.]
LAWS
EXETER, ( New-HampJhire) Printed by HENRY RANLET, at Nine Shillings per annum.
An ACT
Provided that where any
minors, persons non compos,
or otherwise incapacitated
to take care of their estates,
are interested in either of
the estates, guardians shall
be appointed over them. —
And if any perlon interest
ed is out of this state, the
judge shall appoint some
difereet person to represent
and ad for such absent par
ty, before such division is
made.
Provided also. That before
the order for such partition
or severance be issued, it be
made to appear to the judge
of probate, that the several
persons interested in such
estate, if living within this
state, or the attorney of
such as are absent and have
attornies within the state,
have been notified of such
partition, and have had op
portunity to make excep
tions to the fame.
the real estate of any other
perlon, to direst the com
mittee named in such war
rant, firft to fever and di
vide the inteftate's estate
from the estate with which
it lies in common as afore
faid : the laid committee to
give timely notice to all
parties interested to be pre
sent, if they fee cause ; and
such division so made and
accepted by the judge, and
recorded in the probate office
for the fame county, shall
be binding upon all parties
interested.
And be it further enabled,
That when division of any
intestate estate, or partition
of such estate, lying in com
mon with the estate of any
other person, fhail be caus
ed to be made by any judge
of probate, according to the
method before prescribed,
and any of the parties in
terested fhail neglect or re
fufe to pay their just, pro
portibh of thecharge which
may attend such division or
partition, it fhail and may
be lawful for the judge to
issue a warrant of diffrefs,
THE
And be it further enabled,
That every administrator
fhail be held to account
with the judge of probate,
for the personal estate of the
deceased, as the fame fhail
be appraised, unless the
judge fhail order the fame,
or any part thereof, to be
fold at public auction, or
private sale, as he fhail
think will best serve the in
terest of all concerned ; and
the administrator fhail ac
count for the fame accord
ingly.
And be it further enabled.
That when any man and
his wife, fliall be seized of
any real estate in her right,
in fee simple, and issue fhail
be born alive of the body
of such wife, that may or
might inherit the fame, and
the wife die, the husband
fhail have and hold such
estate during his life, as
tenant by curtefy , any
thing in this a& to the con
trary notwithffanding.
And be it further enabled.
That when any perlon fhail
die intestate, having estate
in several counties in this
state, administration thereof
fhail be granted of the whole,
by the judge of probate in
the county,where the deceas
ed was last art inhabitant..
And in case of a perlon's
dying inteftate,who was not
an inhabitant of this state,
but possessed of real or per
sonal estate within the fame,
at that event, administration
ofthe fame fhail be granted
by the judge in the county,
where the greatest part
thereof fhail happen to be.
And be it further enabled.
That when application fhail
against any delinquent or
delinquents interested as a
forelaid, provided an ac
count of such charge be firft
laid before the judge, and
the just proportion of each
party interested, be by him
fettled and allowed, they
having been notified to be
present at such settlement
and allowance.
Gazetteer.
[Numb. XX of Volume VII.
And be it further enabled,
That if any perfoh or per
lons, before taking admin
iffration of any intestate
estate, shall embezzle or
alienate any of the goods or
chattels belonging to such
estate, every such person
shall stand chargeable, &; be
liable to the anions of cre
ditors or other persons griev.
ed,aS being excutors in their
own wrong, to double the
amount ®r value of the arti
cles so alieated or embezzled.
[Concluded in out next.]
be made to any judge of
probate for licence to fell
any intestate estate, or any
part thereof, for the pay
ment of the demands against
the fame, before he grants
such licence, he shall cause
the heirs to said estate, or
their guardians to be notifi
ed thereof, and at what
time and place they may be
heard concerning the fame.
And if they will give bond
with lufficient sureties for
the payment offaid demands
licence shall not begranted ;
otherwise the judge shall
grant licence to fell so much
as to him shall appear ne
ceffafy, at public tiu&ion.
And the administrator or
administrators shall, upon
taking the licence, or pre
vious to the sale, take the
following oath :
I J. & do solemnly swear
that in disposing of the es
tate of C. D. late deceased,
or such part thereof as (
have licence to fell, I will
use my best judgment in
fixing on the time and place
of sale, and will exert my
utmost endeavours that the
fame shall be fold in such
manner, as will be of the
greatest advantage to the
heirs of said estate, and that
without any finifier or fel
fi(h views whatever.
And if such oath be taken
before a justice, the admin
istrator shall return a certi
ficate thereof from the jus
tice to the judge, before he
allows the administrator's
account.