The Newhampshire gazetteer — Exeter, N.H., 1793-02-06 00:00:00, page 1

j Newhampfhire
notice before mentioned; or any
'further and additional notice to
>be given, then the fa:d commit
, fiontrs Aiall notify in futh man-
Iper as the judge flfait order,
which manner of notifying fball
' always be exprefed in the com
fniffion of insolvency that fliall
i%e to the commiffion^ ; and
For the equal distribution of in
solvent estates.
Passed Feb. 11, 1791.
BE it enabled by the Senate arid
House of Representatives in
General-Court convened, 1 hat
when the estate of any person
deceased shall be insolvent, and
infufficient to pay all the just
debts which the deceased ow
ed, the efface shall be distribut
ed among the creditors in pro
portion to the lums to them
refpedively due; saving that
rates and taxes, and debts due
to the state, and debts due for
the last sickness, and the rie
ceffary charges for the burial of
the deceafed,fhall be firft paid ;
and the order of such payment
shall be, firft, the expences of
rhe funeral, then the charges of
rhe last sickness, theri the rates
and taxes, and lastly, the debts
due to the state.
And the executor or admin
istrator of any such insolvent
estate, shall, before ;he payment
of any debts (except as afore
faid) represent the condition
and circumstances of such es
tate, as far as hath corrie to his
knowledge, unto the judge of
probate, and if it shall appear
t) the judge, that such estate is
insolvent, he shall appoint two
or more perlons to receive,
examine and adjust all claims
of the creditors to any such
estate,& the commissioners shall
cause the times arid places of
their meeting to receive, exam
ine and adjust such claims; to
be made known by polling up
an anvertifement or notification
thereof, in the town or place
wherethe deceased sass dwelt;
and in the two adjacent towns,
and also in the (hire town or
towns in the fame county ;or
shall cattfe the fame to be print
>ed in forne public newspaper,
that shall be most likely to give
information to all concerned ;'
or if the judge should confider
the cifcufhftances of (Briny such
estate, arid the freuation pt the
creditors thereto, order all the
WEDNESDAY, February 6, 1793.]
State of New- Hampfare.
An ACT
EXETER, ( New-Hampfoire) Printed by HENRY RANLET.
fix months, or such further time
or times (not exceeding eigh
teen months in the whole) as
the said judge, considering the
circumstances of any such estate,
may order, shall be allowed the
creditors to any such estate to
bring in and fopport their
claims or demands against such
estate, to the commissioners ;
and at the end of the time li
mitted for bringing in claims;
the said commissioners shall
make report to the judge, and
present on oath a lift of all the
claims by them allowed, and
shall in such report particularly
state how they have notified the
creditors, and shall produce to
the judge fatisfa&ory evidence
of their h aving so notified ; and
the judge shall allow them a
reasonable sum for there fefvi
ces, which shall be paid out of
the estate ; and ifthere be atty
widow, her dower in the houses
and lands shall be fee off accord
ing to law, and the real estate
with the reversion of her dower
(if the judge &11 think moll
for the benefit of the creditors,
that the reversion of the widow's
dower should be fold with the
rest of the real estate) shall be
fold according to law, u'nlefs
any creditor will take it at the
appraisal. And the allowance
made to the commissioners as
aforefaid, all the costs and char
ges of adminiltering; rates and
taxes due from such estate, debts
due to the state; and debts due
for the last sickness and funeral
charges as before provided, and
such reasonable sum out of the
personal estate; as thejudge may
think proper to allow to the
widow for het support, being
deduced, the judge (ball order
and decree the residue of such
estate to be divided among the
creditors, in proportion to their
demands allowed & gdjufted as
aforefaid, br otherwise by judg
ment at law, arid in such decree
the judge shall declare and state
that the creditors have been
notified according to the order ;
abd such decree shall always
forever after, be Considered
fufficient evidence of that sass
m all matters or causes where, he
fame may be drawn in question ;
a'ntf if the reversion of the wi
dow s dower was not fold with
the other real estate, it shall at
the expiration of her term, be
fold aneTdivided as ,before men
tioned, and the like shill be
done with any estate of the de-
0 fare " 1
THE
And belt farther enabled,That
all demands against any insol
vent estate, not exhibited to the
commissioners, whilst the com
mission of insolvency is pend
ing, shall be forever batred,
unless the creditor can find lome
estate of the deceased not inven
toried or accounted for by the
executor or admihiftrator ; in
which case, after allowing and
deducing such costs and char
ges, as to the judge may appear
reasonable, if the estate so found
and obtained be fufficient, the
said creditor shall firft receive a
dividend, so as to make him
equal with the other creditors
to said estate, if there shall be so
much found and remaining af
ter deducing costs as aforefaid,
and the overplus (if any there
be,) shall be divided in due
proportion among all the sever
al creditors to said estate.
And be it further enabled,That
if any creditor shall exhibit his
claim or demand against any
such infolvenc estate, to the
commissioners as before-men
tioned, and the said commiffi
pners (hall rejeft it Wholly, or
fall not allow the whole sum
demanded, such creditor con
ceiving himfelf aggrieved by
such judgment and determina
tion of the commissioners, may
at the time of such commiffi
pners returning and making
their report to the judge as be
fore-mentioned', or within twen
ty days afterwards, if such de
mand so rejected in whole i
mounted unto fix pounds, or if
[he firm allowed by the com
missioners of any demand exhib
ited is fix pounds less than the
firm demanded, appeal from
the judgment of the commiffi
pners to the fuperior-couft next
to be bolden in the fame coun
ty, fignifying such his desire to
the judge of probate in writing,
find filing in the probate office
a declaration of his demand a
gainst such insolvent estate,
drawn up with the fame legal
certainty as is required in pro
secuting demands in the courts
of law 2 and the judge shall cause
the executor or adminiftracor
to be fervid with a copy of such
declaration, 'and of the appeal
made by such creditor ; and the
creditor may at the court ap
pealed to, on the firft day of
ceased, that may come to the
hands of the executors or ad
ministrators at any time alter
the firft distribution.
Gazetteer.
[Numb. XXXI of Volume VII.
the fitting of said court, enter
his a&ion as plaintiff against the
executor or administrator, and
shall produce an attelled copy
of such his declaration, and the
certificate of the judge of pro
bate that notice hath issued to
the executor or administrator
thereon ; and upon such declar
ation, such pleadings may be
had, and the matter issued in
the fame way and , manner as
though such afticn had been
commenced in the ordinary and
usual way, and had been entered
at said superior- court byway of
appeal from the court of com
mon-pleas, and the said super
ior-court shall certify the judge
of probate, of the judgment
they shall tyve thereon; and if
something, but not more than
the commissioners shall have al
lawed, shall in such judgment
be given to the creditor, the
court shall not rax costs for the
creditor, but may tax costs for
the executor or administrator.
It all circumstances considered
they think it proper ; and if
the creditor shall fail to enter
his action in manner and season
before directed, his demand
shall be forever barred, and in
case any thing was allowed by
the Commissioners, the fame
shall be struck off the lift, and
the court may, on the complaint
of the executor or administra
tor, tax and allow him costs,
and issue execution therefor ;
or in case judgment be for the
executor or administrator on
trial or otherwise, after the en
try of said action, he shall be
allowed his costs, and shall have
execution therefor, as in other
cases, and any other of the cre
ditors shall and may, if the said
fopefior- court think proper, be
admitted to defend against such
adion, in the name of the exe
cutor or administrator, if the
executor or administrator de
clines, or is himfelf a creditor.
And the judgment of the said
superior-court shall be consider
ed as the just claim of such
creditor. And if any executor or
administrator shall be of opinion
that the commissioners have
allowed a demand against the
estate, which ought not to be
allowed, or have allowed a lar
ger sum than was ' justly due,
such executor or administrator
shall at the time of the report
being returned to the judge,
lignify his objection to the cre
ditor, (if present,) or to his