Construction
of the Account. |
48 ACCOUNT.
the within and foregoing account is just and true
as stated, and that he hath bona fide paid, or
secured
to be paid, the particular sums for which he
claims an allowance: which thereupon after
the examination is passed--(and if the account
is passed by virtue of a commission, it
is added) by virtue of a special commission from
the prerogative-office, dated the ------
By ------ ------ deputy commissary of ------ county.
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The account so finished, being returned to
the prerogative-office, is there recorded, and the
balance thereof (if any) is from thence transmitted
to the county court, with a distribution of
such surplusage among the several representatives
of the deceased; the performance of which
is enforced by process out of said court.
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Before I conclude the article of account, I
must endeavour to explain the inconveniency
arising from allowances being made by some deputy
commissaries, for legacies and part of widows
thirds, and distributive shares of the estate,
paid away at different times to the representatives,
previous to the final settlement of
the estate; those payments should never be inserted
by them, much less distribution made
and balances finally struck between parties, in
no case whatever, (except as below) whether |
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