Page:Ruffhead - The Statutes at Large - vol 3.djvu/406

 35^ C lo. Anno vicefirao fecundo & tertio Catioli II. A. D. 1670. ■f vations, hiive -fame, That all Ordinaries, as well the Judges of the Prerogative Courts o? Cantorbury znA York for thi Power to take Time being, as all otherOrdinari.es and Ecclefiaftical Judges, and every of them, having Powder to com- <rT^'^l.„ „fi rnit Adminiftration of the Goods of Perfons dying Inteilate, fliall and may upon their rcfpeftive ffrantin-- 3-r Ed, 3. c. !i The Condiiion ' H. 'T^HE Condition of this Obligation is fuch, That if the within-bounden A. B. Adminiftrator o: ■of the Bonds, ' _£ a|I gnd fingular the Goods, Chattels and Credits of CD. deceafed, do make or caufe to be made. ' a true and perfect Inventory of all and fingular the Goods, Chattels and Credits of the faid Deceafed. ' which have or {hall come to the Hands, PoiTeffion or Knowledge of him the faid A. B. or into the Haudf ' and PoiTeffion of any other Perfon or Perfons for him, and the fame fo made do exhibit or caufe to be ex- ' hibited into the Rcgiftry of Court, at or before the Day of ' next enfuing; (2) and the fame Goods, Chattels and Credits, and all other the Goods, Chattels and ' Credits of the faidDeceafed at the Time of his Death, which at any Time after fhall come to the Hands ' or Pofleffion of the faid J. B. or into the Hands and Pofieffion of any otrsr Perfon or Perfons for him, ' And all the Reft and Refidue of the faid Goods, Chattels and Credits which fhall be found remaining; s Sa1U. 315, ' uJ3on the faid Adminiftrator's Account, the fame being firfl: examined and allowed of by the Judge or 3'^' ' Judges for the Time being of the faid Court, fliall deliver and pay unto fuch Perfon or Perfons refpec- ' tively, as the faid Judge or Judges by his or their Decree or Sentence, purfuant to the true Intent and ' Meaning of this AiSI, fhall limit an"d appoint. (4) And if it fnall hereafter appear. That any lalt "ViIl ' and Teftament was made by the faid Deceafed, and the Executor or Executors therein named do exhibit ' the fame into the faid Court:, making Requeft to have it allowed and approved accordingly, if the faid' ' A. E. within-bounden, being thereunto required, do render and deliver the faid Letters of Adminiftra-i f tion (Approbation of fuch Teftament being firfi; had and made) in the faid Court; then this Obligation! « to be void and of none EfFeft, or elfe to remain in full Force and Virtue.' OfJinarlcs have III. V/hich'Bonds are hereby declared and enafted to be good to all Intents and Purpofes, and pleadable Po-A-er to call in any Courts of Juftice : (2} And alfo that the faid Ordinaries and Judges refpeftively, iliall and may, Arfminiftiatois gj-j „j.g enabled to proceed and call fuch AdminilTrrators to Account, for and totiching the Goods of any to m^ke'Diftri- Perfon dying Intjftale ; (3) and upon Hearing and due Confideration thereof, to order and make juft and I hution amoniift equal Difiribution of what remaineth clear (after all Debts, Funerals and jufi Expences of every Sort firft 1 the Wife and allowed and deducted) amongll the Wife and Children, or Childrens Children, if any fuch be, or other- CliiWien, fi;c. v^'ife to the next of Kindred to the dead Perfon in equal Degree, or legally reprefenting their Stocks .pro /uo ^,'''jp^^' '^ .^' citlquejnre, according to the Laws in fuch Cafes, and the Rules and Limitation hereafter fet down ; and tlie j>- f^-fig Diftributions to decree and fettle, and to compel fuch Adminifb'ators to obferve and pay the fame, by the due Courfe of his Majefty's Ecclefiaftical Laws : (4) Saving to every one, fuppofing him or themfelves aggrieved, their Right of- Appeal as was always in fuch Cafes ufed. The OuOoms of Jv. Provided, Ttiat this Aft, or any Thing herein contained, fliall not any ways prejudice or hinder the London, and Cuftoms obfervcd within the City of London or within.the Province of Tork, or other Places, having known y'oTk'"')"a'.ed. ^"'^ received Cuftoms peculiar to them, but that the fame Cuftoms may be obferved as formerly ; any Thing Explained by i herein contained to the contrary notwithflanding. Jac.2.c.i7.^.8. V. Provided always, and be it enacted by the Authority aforefaid. That all Ordinaries and every other Skinner 26. Peribn who by this Aifl: is enabled to make Diftribution of the Surplufage of the Eftate of any Perfon dy- Kow, and to jj^g Inteftate, flial! diftribute the whole Surplufage of fuch Eftate or Eftates in ?v'ianner and Form follow- iHV-'rto be' W'^ ■ '^"^'^ '^ '° ^'' (^■' ^"^ '^'"' ^^^^^ ^'^ ^^'^^ ^"'° Surplufage to the Wife of the Inteftate, and all the dinributi-d. Refidue by equal Portions, to and amongft the Children of fuch Perfons dying Inteftate, and fuch Perfons 2 Mod 20, 101. as legally reprefent fuch Children, in cafe any of the faid Children be then dead, other than fuch Child or 3 Mod, 5S, Children (not being Heir at Law) who fhall have any Eftate by the Settlement of the Inteftate, or fhall be I Va™. 465. advanced by the Inteftate in his Life-time, by -Portion or Portions equal to the Share which fhall by fach Advancement by -Dilti'ibution be allotted to the other Children to v/hom fuch Diftribution is to be made : (3) And in caie any Vottion, Child, other than the Heir at Law, who f!.ia!I have any Eftate by Settlement from the faid Inteftate, or fhall be advanced by the faid Inteftate in his Life-time by Portion not equal to the Share which v.-ill be due J Shower 25, to the Other Children by fuch Diftribution as aforefaid; Then fo iriuch of the Surpluf.ige of the Eftate of fuch Intefta-te, to be diftributed to fuch Child or Children as ftaall have any Land by Settlement from the Inteftate, or were advanced in the Life-time of the Inteftate, as fhall make the Eftate of all the faid Chil- Ifeir at Law to (Jren to bc equal as near as can be eftimated : (4) But the Heir at Law, notvvithftanding any Land that he jisve unequal 0,g]j j.jj^yj. ^^ Defceiit Or otherwife from the Inteftate, is to have an equal Part in the Diftribution with the ' ^^' Reft of the Children, without any Confideration of the Value of the Land which he hath by Defccnt, or otherwife from the Inrcftale. iVen. J---. VI. And in caie there be no Children nor any-legal P^eprefentativcs of them, then one Moiety of the E Ut,. T73. faid Eftate to be allotted to the Wifepf the Inteftate, the Refidue of the faid Eft-ate to be diftributed equally ^ Ki"^' to everv of the next of Kindred of the Inteftate, who are in equal Degree and thofe who legally reprefent 4- MoL'. 2';g. fV, . • -1 ■ - ■' • ; - o J r 1 ,.,.- ,'■ VII. Provided, That there be no Reprefentations admitted among Collaterals after Brothers and Siltefs to badiftnbS Children : (2) And in cafe there be no Wife, then all the faid Eftate to be diftributed equally to and a- mongft
 * do well and truly Adminifter according to Law ; (3) And further do make or caufe to be made, a true
 * and juft Account of his faid Adminillration, at or before the Day of