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will, and out of the estate thus appropriated, or so far as the same may be sufficient.
(2855.) SEC. 31. If the provision made by the will, or the When provision estate appropriated, shall not be sufficient to pay the debts, expenses of administration, and family expenses, such part of the estate, real or personal, as shall not have been disposed of by the will, if any, shall be appropriated according to the provisions of the law for that purpose.
Will, liable to
debts, etc.; when certain devises,
(2856.) Sec. 32. The estate, real or personal, given by will Estate given by to any devisees, or legatees, shall be held liable to the payment payment of of the debts, expenses of administration, and family expenses, etc to be exin proportion to the amount of the several devises or legacies, empted. except that specific devises and legacies, and the persons to whom they shall be made, may be exempted, if it shall appear to the Court necessary, in order to carry into effect the intention. of the testator, if there shall be other sufficient estate.
Will, and liable debts, may be retained by Execuuntil assign
for payment of
(2857.) SEC. 33. When the estate given by any will shall Estates given by be liable for the payment of debts and expenses, as mentioned in the preceding section, or is liable to be taken to make up the share of a child born after the execution of the will, or of ed. a child, or of the issue of a child not provided for in the will as hereinbefore provided, the executor shall have a right to retain possession of the same, until such liability shall be settled by order of the Probate Court, and until the devises and legacies so liable shall be accordingly assigned by order of such Court; and when the same can properly be done, any devisee, or legatee, may make his claim to such Court, to have such liability settled, and his devise or legacy assigned to him.
ty to contribute,
(2858.) SEC. 34. All the devisees and legatees, who shall, When Devisee or with the consent of the executor or otherwise, have possession subject to liabile of the estate given to them by will before such liability shall etc. be settled by the Probate Court, shall hold the same subject to the several liabilities mentioned in the preceding section, and shall be held to contribute according to their respective liabilities to the executor, or to any devisee or legatee from whom the estate levised to him may have been taken for the payment of debts or expenses, or to make up the share of a child born after the making of the will, or of a child or the issue of a child omitted in the will; and the persons who may, as heirs, have received the estate not disposed of by the will as provided in this chapter, shall be liable to contribute, in like manner as the devisees or legatees.
When liable for loss in case of in
on liable to tribute.
(2859.) SEC. 35. If any of the persons liable to contribute, fter according to the provisions of the preceding section, shall be insolvent and unable to pay his share, the others shall be severally liable for the loss occasioned by such insolvency, in proportion to, and to the extent of, the estate they may have received; and if any of the persons so liable to contribute, shall die before having paid his share, the claim shall be valid against his estate, in the same manner as if it had been his proper debt.
Settlement of liabilities by decree of Probate Court.
Wills and copies, how made evidence.
Attested copy to
be recorded in
(2860.) SEC. 36. The Probate Court may, by decree for that purpose, settle the amount of the several liabilities, as provided in the preceding sections, and decree how much, and in what manner, each person shall contribute, and may issue execution as circumstances may require; and the claimant may also have a remedy, in any proper action or complaint in law or equity.
(2861.) SEC. 37. Every will, when proved as provided in this chapter, shall have a certificate of such proof endorsed thereon or annexed thereto, signed by the Judge of Probate, and attested by his seal, and every will so certified, and the record thereof, or a transcript of such record certified by the Judge of Probate and attested by his seal, may be read in evidence in all Courts within this State, without further proof.
(2862.) SEC. 38. An attested copy of every will devising registry of deeds. lands or any interest in lands, and of the probate thereof, shall be recorded in the Registry of Deeds of the county in which the lands thereby devised are situated.
the term "executor."
(2863.) SEC. 39. The word "executor," in this and the subsequent chapters, shall be construed to include an Administrator with the will annexed.
OF THE SETTLEMENT OF ESTATES OF DECEASED PERSONS.
CHAPTER XCIII. Of Letters Testamentary, and other Proceedings on the Probate of a Will.
CHAPTER XCVIII. Of the Partition and Distribution of Estates.
CHAPTER XCIX. Of Probate Bonds, and the Prosecution thereof.
CHAPTER C. Of the Specific Performance by Executors and Administrators of the Contracts of Deceased Persons, for the Conveyance of Real Estate.
Mass. R. S. Ch. 63.
Bond to be given
8 Pick., 526. 1 Mass., 35.
Bond in case executor is residuary legatee.
Effect of neglect to give bond.
refuses to accept,
Chapter Sixty-Nine of Revised Statutes of 1846.
(2864.) SECTION 1. When a will shall have been duly proved and allowed, the Probate Court shall issue letters testamentary thereon, to the person named executor therein, if he is legally competent, and shall accept the trust, and give bond as required by law.
(2865.) SEC. 2. Every executor, before he shall enter upon the execution of his trust, and before letters testamentary shall issue, shall give bond to the Judge of Probate in such reasonable sum as he may direct, with one or more sufficient sureties, with conditions as follows:
1. To make and return to the Probate Court, within three months, a true and perfect inventory of all the goods, chattels, rights, credits and estate of the deceased, which shall come to his possession or knowledge, or to the possession of any other person for him;
2. To administer, according to law and to the will of the testator, all his goods, chattels, rights, credits and estate, which shall at any time come to his possession, or to the possession of any other person for him, and out of the same to pay and discharge all debts, legacies, and charges, chargeable on the same, or such dividends thereon, as shall be ordered and decreed by the Probate Court;
3. To render a true and just account of his administration to the Probate Court within one year, and at any other time when required by such Court;
4. To perform all orders and decrees of the Probate Court, by the executor to be performed in the premises.
(2866.) SEC. 3. If, however, the executor shall be residuary legatee, instead of the bond prescribed in the preceding section, he may give a bond in such sum and with such sureties as the Court may direct, with a condition only to pay all the debts and legacies of the testator; and in such case he shall not be required to return an inventory.
(2867.) SEC. 4. No person named as executor in any will, who shall refuse to accept the trust, or shall neglect to give bond as prescribed in this chapter, for twenty days after the probate of such will, shall intermeddle or act as executor.
When executor (2868.) SEC. 5. If a person, named executor in any will, shall etc., letters to be refuse to accept the trust, or shall, for the space of twenty days after the probate of the same, neglect to give bond as
issued to others.
required by law, the Probate Court may grant letters testamentary to the other executors, if there be any who are capable and willing to accept the trust, and if there be no such other executor, who will give bond, the Court may commit administration of the estate, with the will annexed, to such person as would have been entitled to the same, if the testator had died intestate.
in case of minor
(2869.) SEC. 6. When the person named executor in any Administration will, is under full age at the time of proving the will, admin-ity of executor. istration shall be granted, with the will annexed, during the minority of the executor, unless there shall be another executor who shall accept the trust, and give bond; and, in that case, the executor who shall give bond, shall have letters testamentary, and shall administer the estate, until the minor shall arrive at full age, when he may be admitted a joint executor, on giving bond according to law.
with the will an
(2870.) SEC. 7. Every person who shall be appointed admin- Administrator istrator with the will annexed, shall, before entering upon the nexed, to give execution of his trust, give bond to the Judge of Probate, in the same manner, and with the same conditions, as is required of an executor, and shall proceed in all things to execute the trust in the same manner as an executor would be required to do.
(2871.) SEC. 8. When an unmarried woman, appointed an Marriage of exexecutrix, alone or jointly with another person, shall marry, guishes her auher marriage shall extinguish her authority as executrix, and her husband shall not be executor in her right.
may be removed.
(2872.) SEC. 9. If an executor shall reside out of this State, when executor or shall neglect, after due notice given by the Judge of Probate to render his account and settle the estate according to law, or to perform any decree of the Court, or shall abscond 17 Mass., 341. or become insane, or otherwise incapable or unsuitable to discharge the trust, the Probate Court may remove such executor.
14 do 295.
ecute trust, etc.
(2873.) SEC. 10. When an executor shall die or be removed, When remaining or his authority shall be extinguished, the remaining executor, if there be any, may execute the trust; and if there shall be no other executor, administration, with the will annexed, may be granted of the estate not already administered.
tors not authori
(2874.) SEC. 11. When all the executors appointed in any When all Execu will shall not be authorized, according to the provisions of zed, those authis chapter, to act as such, such as are authorized shall execute the Will. have the same authority to perform every act, and discharge