The Newhampshire gazetteer — Exeter, N.H., 1792-11-07 00:00:00, page 1

hd be it further erased.
That when any executor of
any last will and testament,
(hall become insane, or o.
therwife incapable of dif
chargingthe truft,the judges
of probate within their re
fpe&ive counties, observing
rules aforesaid, are hereby
fluthorifed to grant letters
of administration, with the
Newhampfhire
the space of twenty days, to
give bond as aforefaid, the
judge of probate may com
mit administration of the
estate of the testator with
ing the fame, shall give
bond to the judge of pro
bate, with Sufficient surety
or Sureties, to return upon
oath, a true and perfect in
ventory of the estate of the
testator, into the probate
office, and to render an ac
count ofhis or her proceed
ings thereon, in the fame
manner as administrators
are by law obliged to do,
unless such executor or exe
cutors are residuary legatees
in which case bond may be
given by him, her or them,
to pay the debts and legacies
of the testator ; and in case
any executor or executors
[Concluded from our lafl.]
/INDbe it further enabled.
That every executor
or executrix named in any
will hereafter to be proved,
and taking upon him, or
herfelf, that trust by prov-
other person, in like man
ner as he may grant the
fame, when the executor re
fules the trust : And where
divers persons are named
executors in any will here
after to be proved none shall
intermeddle and aft as such,
but thole who give bond as
afore said.
shall negle& or ref&ife, for
the will annexed, to some
An ACT
For the fettling of testate
estates.
OF THE STATE OF
New-Hamp(hire.
WEDNESDAY, November 7, 1792.]
LAW S
EXETER, (New-Hampfoire) Printed by HENRY RANLET, at Nine Shillings per annum.
power, and the other execu
tor or executors may pro
ceed in difeharging the trust,
in the fame manner as if the
woman were dead. And
the executor of an executor
shall not in consequence
thereof become the executor
of the firft testator ; but in
every such case, administra
tion may be granted (if cir
cumstances require itj upon
the goods and estate of the
firft testator unadminiftered,
with the will annexed, to
such person or persons as
the judge of probate may
think fit (he observing the
rules for granting adminift
tration as above-mention
ed) any law, usage or cus
tom, to the contrary not
withstanding.
And be it further enabled.
That when and so often as
any devifee (or his or her
guardian) who holds any re
al estate in partnership with
any person or persons, by
force of any last will and
testament, shall make appli
cation to thejudge of pro
bate of wills in the county
where the will was proved,
for a division thereof, it
shall and may be lawful for
such judge to order the
whole of the real estate so
deviled (or that part of it,
the partition whereof is re
queued) to be divided to and
will annexed, to such person
as to the laid judge fliall
seem meet. And the admin
iftrator,thus appointed,fhall
have the fame power and
authority to administer the
estate of the deceased, not
administered by such former
executor, and be subject to
the fame duties, as if said
executor were actually dead..
And when a feme sole shall,
with one or more perlons,
beappointed executrix,Raf
ter such appointment, shall
during the life of her co.ex
ecutor marry, such marriage
shall not make her husband
an executor in her right; but
shall operate as an extin
guifhment of such woman's
< THE
among the devifees accord
ing to the will of the testa
tor, by five or three difereet
freeholders, to be appoint
ed by the said judge, notice
being firft given to all con
cerned, to be present at the|
making such partition, if
they fee cause : which par-I
tition ordivifion being made
and returned to the judge,
under the hands of the com
mittee, or the major part of
them, upon oath, to their
fidelity and impartiality
therein, and by him approv
ed, shall be valid in law to
all intents and purpoles ;
unless upon the appeal of
any person diffatisfied with
the partition so made, the
fame should be reversed or
altered by the superior-court
of judicature.
And be it further enabled.
That when any real estate
devised by will, lies in com
mon and undivided with o
ther real estate, it shall and
may be lawful for the judge
of probate to order and
direct the freeholders afore
faid, firft to make partition
between the estate devised,
and any other land or real
estate, lying in common
therewith, in the fame way
and manner, as is provided
for dividing intestate estates,
from any other with which
they may lay in common ;
provided, that no partition
shall be made, when the
proportion of the devifees,
or any of them, shall be
disputable and uncertain.
Provided also, that where
any of the interested are mi
nors, or perlons non com
pos mentis, or otherwise in
capacitated to take care of
their estates, or out of the
state, guardians shall be firft
appointed for such minors,
perlons non compos mentis
or otherwise incapacitated,
and some disinterested per
son shall be appointed by
tbejudge to represent and
ad for such absent. par-
And be it further enabled,
Gazetteer.
[Numb. XVIII of Volume VIL
That the judge of probate
before he allow the account
of any executor relating to
his executorfhip, shall cause
the heirs of such estate to
be notified, in such manner
as he (hall think most pro
per, of the time and place
tor examining and allowing
such account.
And be it further enabled,
That any executor being a
residuary legatee, may bring
his aaion of account against
his coexecutor or executors
of the estate of the testator
in their hands ; and may
also sue for, and recover his
equal and rateable part
thereof ; and any other re
siduary legatee shall have
like remedy against the exe
cutors.
And be it further enabled.
That all writs of attach
ment and execution, shall
run only against the goods
or estate of the party deceas
ed, in the hands of the exe
cutor, and not against his
body ; nor shall any execu
tor be held to special bail
upon mean process, nor his
own proper goods or estate
be seized, or his perlon be
arrested or taken in execu
tion, for the debts or lega
cies of the teflator ; but up
on a suggestion of a waste,
and return made by the
Iheriff nulla bona, or de
vaftavit, in which case a
fcire facias shall be issued
out of the clerks office of
the fame court, against fetch
executor ; and feire feci be
ing returned, if the executor
shall make default of ap
pearance, or coming in,fhall
not shew fufficient cause to
the contrary,execution shall
be adjudged and awarded
against him, of his own
proper goods and estate to
the value of such waste,
where it can be afeertained,
and otherwise for the whole
sum recovered, and for want
of goods or estate against
his body:?
And be it further enabled.
That every executor shall