A residuary
legatee to be
preferred, in
some instances. |
10 ADMINISTRATION.
refuses to act, or dies intestate, and there
is a residuary legatee, who, being entitled to
what remains after debts and legacies paid, such
residuary legatee hath the best title to the administration;
for this appointment of a residuary
legatee takes away the presumption of the statute,
that the testator would have given it to the
next of kin. 1 Vent. 217. But whether in
such case, a widow ought to be excluded in Maryland,
where, by the laws or established practice,
she is entitled to a third part of the personal
estate, after payments of debts, notwithstanding
a residuary legatee is appointed,
may admit of doubt.
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Inasmuch as, by the statute, administration
is to be granted to the widow, or next of kin,
who are next of kin will be more fully treated
of, under the title to Distribution, which see.
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When administration is to be granted, to
prevent wills from bring secreted, and administration
fraudulently obtained, the person or
persons having a right, and claiming the same,
are compelled to take the following oath, viz.
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Oath of no
will. |
You N. N. make oath on the holy evangels of almighty
God, that you do not know, or have heard of any
will made by the deceased. So help you God. |
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