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

acts concerning DiLls, tie distribution
of intestates' estates, rnd tie duty Of
executors aud administrators.
P~AssLD, Feb. 10th, 1876.
l.. Be ii enacted By the General a.
ssm5iy, That before granting a certi-
fcate of the probat of any will where
by tue executor or ~executnx, adminis-
tror or administrative, with the will an
nexed, may be authorized to sell any
real estate within this commonwealth,
or to receive the rents and profits Of
any such real estate, such executor or
e%xecutriK. administrators ar administra.
trix with the will annexed las the case
may be- shall in open court take the
following oath, to wit:"Kou shall swear
tifat this writing contains the true last
will Of the within named, 5 far as
you know or believe, and hat you viii
well and truly perfom the same, hg
paying hrst, bis or her debts, and then
the legacies contained IN the said will
as far as his or her goods chattles and
sredits, and the real estate within this
commonwealth which By the said will
may be subject to your authority, will
extend, and the law charge you; and
that you will make a true and perfect
inventory OF all the said goods, chattles
and credits together with an inventory
of the said real estats, as also q Just
account when thereto required" And
shall also give bond in such penalty, as
will be equal 10 the full value OF all the
said estate at the least, and with such
security as shall be approved ofby the
Court, with the following condition, to
wit: "ihe condition OF this obligation is.
that if the said executor or ~executrix
of the last will and testament, Tor adj
ministralor or Administrative with the
will annexed Of deceased, do
mak9 a true and perfect inventory Of
all and singular, the goods, chattles and
credits, OF the said deceased. together
with an inventory OF the real estate,
within this Commonwealth, which by
the said will, may be subject to his or
her authority, and which have or shall
come to the hands, possession, or knowl-
edge Of the said-,or into the
hands or possession OF any one person
or persons for, aud the same SO
made do exhibit to the-court o.
at such time as--shall be thereto re-
quirsd BIZ the said court, and the same
goods, chatties and credits, and real es-
tate, do well aud truly administer accor-
ding to law, and make a inst and true
account of--actings and doings there
in, when thercunto required by the said
Court; and further DO well truly pay
and deliver all the legaciex contained
end seeciGed in the said will, as far as
The said goods, chattels and credits 4nd
real estate vii. extend, according to the
value thereof, and as the law shall
charge, then, this obligation to be
void, or else TO remain in full force"
Which bond shall be payable to the iudg-
ss or justices sitting in court, ana shall
not become void upon the first recoVe-
~; but may be put in suit and prosecu-
ted from time to time, by and at the
costs of any party injured by a breach
thereof, until the whole penalty be re-
covered ,hereupon.
?, But where any t~estator or tesla |
Erik shall leave yisable estate, more than
sufficient to pay all bis or her debts, and
by will shall direct, that bis or her exc
eutoFs shall notbe obliged to give secur-
ity, in tho' case no security shall be re-
ouired, unless the court shall see cause |
from their own knowledge, or the sug. |
gestions of creditors or legatees, to sus- !
pect The executors oil fraud, or that the
personal estate as n;ell as the real estate,
by the said will diyised to be sold. when
the same may DO subjected by the said
will to the payment OF debts, will not be
sufficient to discharge al! the debts, and
shall require security, when the same
shall be given, before II certificate shall
be granted, notwithstanding any direc-
tons to the contrary in the will fla
ny court shall grant pfobat Of any VIII
or administration with the viii annexed
10 any person from whom by law secur-
ity should be required, or shall grant a !
certificate, for obtaining administration
on the estate ofany interstate, and shat.
fail to take good security from The exc
cutor or administrator according TO the
requirement ofthe law, to be judged oil,
ACCORDING to the apparent circumstan-
ces of the s~ecurity when taken, and not
for subsequent accidents or discoveries
thereof, the Judges or Justices Of such
court the sitting, or SO many of them a
shall approve such grant, shall be an.
swerable to the person or persons %iriur-
ed, for all loss or damage o|ccasioned
by not requiring any, or by takinginsuf-