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ACCOUNT. 49
the estate be testate or intestate, that being the
particular province of the commissary-general:
the following may evince the propriety of this
observation, and explain my reason for the
caution.
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By act of assembly the commissary-general is
directed to transmit the balance of all intestates
estates, within three months, to the respective
county courts, to the end, that the justices of
the said courts may secure the balances arising
due thereon tot he orphans, or other representatives;
the administration being summoned to
court, appear, and produce receipts from the
several representatives, for the sums mentioned in
such balances, and are thereupon fully discharged
and acquitted, an entry thereof being first made
in the court proceedings; but where only part,
or no part at all of such balance hath been paid,
then the administrator is compelled to enter into
bond, with sufficient security, to the use of
each and every such representative, to the amount
of the sums so remaining unpaid.
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Balances,
how transmitted
to the
county
courts. |
In intestates estates, where those who are
entitled to the balance, are known, an exact
distribution is made of the residue; but where
such information cannot be obtained, the balance
only is transmitted, with the addition of
D
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