Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1825-03-31

not entered on the record, all the sitting
justices shall be held to have approved
the act Of the Court 1t shall be the du-
ty Of the clerk, to enter particularly on
the record, the names of the justices SIT
ting at the time granting such prooat or
certificate without security, aud at the
time of accepting such bond and secur-
iiy:-and ifany clerk shall fail 10 make
such entry, or shall make an ERRONEOUS
entry in relation thereto, 1t shall be
deemed a breach of his official duty,
and he shall be answerable therefor, to
the person or persons injured thereby.
Every action upon the official bond
of any executor or administrator, whe-
Their such bond SHALL have been xec
ted before or after the passage of this
act, may be brought, maintained and
prosecuted to judgment and final exe-
cution, in the names Of the Judges or
justices, TO whom it Is made payable, for
the benefit of the person injured by the
breach Of the condition, whether such
Judges or Justices be alive or not; and
such suit shall not be abated nor shall ey-
ecution of the judgment thereon be him
dsred or delayed, by any allegation OF
the death of the said judges or justices
or any Of them.
3. Every court granting a certificate
for the probat of any will w~herebythe
executor or eyec0tyix, administrator or
adn inis!ratrix, with tho will annexed
may be authorized to sell any real es-
tate within this commonwealth, Dr. to re-
ceiyc the rents and profits Of any such
real estate, shall nominate three or more
appraisers 10 every county or corpora
ton, where any OF the personal estate
or of tbs said real estate of the decen-
dent shall be, Who being sworn before
q Justice of the peace for that purpose
shall truly aud Justly, TO the best OF their
judgment view and appraise all the
said personal or real estate TO them pro-
duced or shown, and shall return such
appraisement under their hands TO the
court ordering the same; appointment il
signed by the executor or a~dminlstra-
tor, may be considered as an inventory
OF such part of the estate as had hereto
fore come to his baud. Nothing ia this
act contained shall be SO construed as
10 abolish or alter the distinction now
established, between legal and equitable
assenti; but the executor or admins
traitor with the will annexed, shall apply
the assets legal and equitable, in the
same Course of administration as II this
act had never passed.
4. Ind be it tirthar enacted, That
henceforth, it shall be the duty OF every
executor or executrix, administrator
or administrators, curator or committee,
who shall hereafter qualify or receive
their appointment in any court within
this Commonwealth, within two years
from the time Of such qualification or
appointment, and so in like name in
every two years hereafter, and OF every
executor or executrix, administrator or
administrators, curator or committee,
who shall heretofore have received his
appointment, or qualified, as aforesaid,
within Two yesrs from the commence
ment of this act, and so in like nne
10 every two years hereafter 10 apply
to TIE Cout. from which their powers
amanate, to appoint a commissioner or
commissions, to state, settle and ADJUST
their accounts on TIE estate committed
to their charge, as far q. they may have
progressed 10 administering the anne
And il shall moreover be the duty OF
sucl. executor or administrator, curator
committee, within six months after
the said order shall be procured, TO cause
his accounts to be settled before as COM
missioners. sndsueh accounts, 30 settled
and adjusted to return to the proper
court; which said commissioner or COM
SO appointed, previous to en-
te ring;on The duties assigned them, shall
take the following oath: I'll, n. Il. do
swear that | will to the best Of my skill
and Judgment. faithfully discharge the
of n commissioner in stating, set
and adjusting the accounts OF O..
ID. on the estate Of l.. T., and make
true and correct report thereof, without
favor, partially, or affection; so help
me God.p The said commissioners
shall each receive the sum of one dol
lar per day, for every days seYice by
rendered, to be- paid by the re-
presentatives, and debited in the ac-
count which they may settle. Any
executor or executrix, administrator or
administrative, curator or committee,
VINO shall fail to comply with the provi-
sion: of this act, shall forfeit all right to
any commission or compensation what
ever, for services rendered, in admins
termg so much of the estate of the sss-