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

TO settle the accounts, that the interest
Of the estate is endangered either by
the misconduct, ineapaelty or removal,
OF the executor or ~execut-ix, admins
TRAITOR or administrator curator, or COM
mittee, or by the failure "a ltcumstan-
ces, or removal Of the securities or any
Of them, such court shall in the same
manner, as if complaint has been made
by a creditor, legatee, d~istributee, or
other person interested, proceed in The
manner prescribed by the forty hfstsec-
ton Of the act passed on the third day
Of March eighteen hundred and nine
teen entitled, ''an act reducing into one
It's several acts concerning Ills, the dis
tribu,ion Of the intestates' estates, and
the duty Of executors, and adminisira-
tors" either to require OF such repre-
sentative other good security for the
performance of his duties, or 10 revoke
or annul his power over the estate, and
if necessary, TO appoint an admiulstra-
ter de 6on s nsjI, or TO commit the estate
to the hands ofthe sheriff, or re-grant
in the same manner as If there had been
no executor or administrator. Such
revocation shall, IN al respects, have
the same effect as il made under the a
foresaid forty-hrst section Of the act
aforesaid
G. find be il furiaer enacted. That Il
any executor or administrato more than
twelve months after he seall have qua
lifted to this office, shall hereafter dis
burse any Of the assets ofhis testator or
Intestates to any legatee or d~isttibutee,
aho, the debts being paid, would be en-
titled thereto:-and shall have taken
from such iegatee or d~istributee, any
%refunding bond, with security good at
the time when taken, and such exeeu-
tor and administrators after ths lapse OF
ten years from the time, when the first
executor or administrator Of tile estate
qualified to his Office, shall be eued By
a creditor, for any debt due from the
t~estator, or interstate, whereof such exc
eutor or administrators bad no notice, at
the time of such disbursement or within
tie ten years aforesaid, such disburse-
ment Of so much Of the assests afore-
said:-Prorided that such r~efunding
bond shall have been acknowledged, or
proved by one witness at least, and re-
corded in the court granting pgobat or
administi alton, and IN such case the
creditor shall nave full power and au-
th0rity to pursue the iegaiee or distri-
butae and his securities in such retun- |
ding bond, or their representatives.
and may from them, 50 much
as the executor or administrator ought
to have recovered, if he had been COM
peIledto pay the debt: Saving however,
to ali creditors being infants, married
women, Or persons of non-sane memo
ny at the time, when their respective !
of action accrued, the period of
three years, after disability removed, |
wi hin which time they shall be at IL
betty to bring their several actions with
out any prejudice from this disburse-
msnt aforesaid. |
:. Be it)trtbey enacted. That here
after upon the qualification ofany exc
cutor of an executor, it shall be the du |
ty Of the courts in which such q%ualili- !
cation shall take place, if the executor
shall desire TO represent the estate OF
the first testator. 70 require bond with
good security OF such executors in a
sum sufficient to ensure the perfor-
nance OF all things in the execution OF
The will of the first t~estator payable to
the same person TO whom his bond as
executor is made payable) which shall !
remain undoHe at the death of the exc
cutor OF such irst testator, and the bond
to be executed upon such qualification
shall be as ettectual to bind as well the
principle as the sureties in such bond
for the faithful performance of the du-
ties of such executors i'll relation 10 the
estate OF the first t~estator as for the faith
ful performance of the duties of such
executors Of executors, in relation to
the estate Of the executors of such first
~testator. IL such executor shall fail to
give bond end security as aforesaid for
the faithful administration of the estate
of the first testator, at the time of quail
flying a, executor to the executor, he
shall be regarded as having renowned
all authority over the estate of the first
testator: and a representative Of that
estate may be appointed i'll the same
manner as if the first executors bad
died intestate.
8. BE it further enacted, That the act
passed on the nineteenth of February,
in the year eighteen hundred and twen-
y three, entitled, "An act to amend an
act entitled an act reducing into one the
several acts concerning wills, the dis