By the governour and Company of the Massachusets Bay in New-England at a General Court held at Boston, on adjournment, Feb. 16th 1685. As an explanation of and addition to the law title Wills ... — Laws, etc. (Session laws : 1685 Feb.)

By the governour and Company of the Massachusets Bay in New-England at a General Court held at Boston, on adjournment, Feb. 16th 1685. As an explanation of and addition to the law title Wills ... — Laws, etc. (Session laws : 1685 Feb.)

Table of contents

BY THE GOVERNOUR AND COMPANY Of the MASSACHVSETS BAY in NEW-ENGLAND AT A General Court Held at Boston, on Adjournment, Feb. 16th 1685.

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BY THE GOVERNOUR AND COMPANY Of the MASSACHVSETS BAY in NEW-ENGLAND AT A General Court Held at Boston, on Adjournment, Feb. 16th 1685.

AS an Explanation of and Addition to the Law title Wills; Whereas the Magistrates or Members of the respective County Courts have alwayes had power to Receive and Record all Probates of Wills, and of Graunting Administrations, &c.

It is further Ordered by this Court and the Authority thereof, that each County Court within this Jurisdiction, shall have full power and authority from time to time, as they shall see cause, to Summon an Executor or Executors of any deceased Persons last Will and [...] Proved and on Record, to appear before the said [...] Require Him, Her or them to make and exhibit [...] the Court▪ a iust and true Inventory upon Oath [...] T [...]ments, Goods and Chattels of the [...] with sufficient Sureties for the paying of all [...] Deceased. And in case such Executor [Page] or Executors shall neglect or refuse so to do for the space of [...], days next after, or such further time that the said Court shall [...] limit and appoint; the Court shall proceed against [...] Imposing a fine or fines upon them, not exceeding [...] Moneth for every Moneths default after the expiration of [...] so appointed. Also upon the complaint of any Creditor [...], to call any Executor or Executors to render an Accompt [...] their Administration.

And it is further Ordered by this Court and [...] that the County Courts respectively shall have full power to [...] any Information or Complaint from any Legatary or Creditor [...] the Executor or Executors to the Will of any deceased [...] the detaining from Him, Her or Them any Legacy or [...] by the Testator, or Debt due from the Estate of such [...] to grant forth Summons or Process, together with a Copy [...] Complaint or Information annexed for the appearance of such Executor or Executors before said Court; the said Warrant with the Libel annexed, to be served fourteen dayes inclusively before the day appointed for Appearance: And it shall be in the power of the Court to Order the time of Hearing, at their first Sessions, or at any Adjournment of said Court, as to them shall seem meet: and upon neglect or refusal of such Person or Persons to appear accordingly, the Court shall proceed to the Hearing of the Case, and make the [...] Judgment or Decree therein, and grant forth Execution for the fulfilling thereof; likewise to Hear and Determine all Cases [...] unto Wills and Administrations, and to grant forth Execution upon their Judgment given therein.

Alwayes provided, that where matter of Fact is controverted, then either Plaintiff or Defendant, desiring the same before Issue joyned, may have a Trial thereof by a Jury, to be forthwith Summoned by Warrant from said Court, if there be no Jury then Impannelled; the said party or parties making their whole Plea or Allegation as to all matters of Fact, at their first hearing and Answer, that Justice may not be delayed: allowing liberty for any party agrieved at the Judgment and Determination of the Court, or Verdict of the Jury, to Appeal to the next Court of Assistants, giving in their Reasons of Appeal as the Law directs in other Cases. And every Person before his Complaint be received and admitted, shall give Caution unto the Court to the value of ten pounds in Money to respond all such Charges and Fees as the Court shall award, any Law, Usage or Custome to the contrary notwithstanding; Provided this Law shall not be understood to debar any person or persons from Proceeding in the former and usual course of Law for the recovery of any Debt, or Legacy due from the Estate of any Deceased person, expresly determined by Will.

And the Law Intituled An Addition to the Law title WILLS, Made Octob. 14th. 1685. is hereby Repealed.

By the Court, EDWARD RAWSON Secretary.

Information about this book

Title statement

By the governour and Company of the Massachusets Bay in New-England at a General Court held at Boston, on adjournment, Feb. 16th 1685. As an explanation of and addition to the law title Wills ...Laws, etc. (Session laws : 1685 Feb.)

Massachusetts.

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI :

Date

2005-12.

ID [DLPS]

N00314

ID [TCP]

N00314

ID [STC]

Evans 390

ID [STC]

Wing M1022

ID [NOTIS]

APW2096

ID [IMAGE-SET]

390

ID [EVANS-CITATION]

99007930

Availability

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Series

Early American Imprints, 1639-1800 ; no. 390.

Notes

(Evans-TCP ; no. N00314)

Transcribed from: (Readex Archive of Americana ; Early American Imprints, series I ; image set 390)

Images scanned from Readex microprint and microform: (Early American imprints. First series ; no. 390)

Source

— By the governour and Company of the Massachusets Bay in New-England at a General Court held at Boston, on adjournment, Feb. 16th 1685. As an explanation of and addition to the law title Wills ..., Laws, etc. (Session laws : 1685 Feb.), Massachusetts..

Extent

p. 125-126 ; (fol.)

Printed by Samuel Green,. [Boston :: 1686]. (Caption title.) (Subject headline at head of title.) (Signed: By the Court, Edward Rawson secretary.) (Ascribed to the press of Samuel Green by Cushing.) (Pagination continues the laws and orders published from 1672 (Evans 169).) (Colonial seal at head of title.)

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