Balances. |
50 ACCOUNT.
the following words, " representatives not known
to the office, " whereupon the justices of the
county courts oblige the administrator to enter
into bond, with sufficient sureties, for securing
the payment of the gross sum appearing due on
such balance, to the legal representatives of the
deceased, in general, without particularizing
their names or number.
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And altho' conformable to the practice of
England, the balances of intestates estates, only,
are particularly ordered to be transmitted by
our acts of assembly, yet, by construction of
those acts, it appears to be the intent of the legislature
(notwithstanding the act in 1715,
which says, " that the judge for probate of
wills, shall transmit an account of the legacies left
to any infant orphan") that balances with distribution
should be sent out, as well in the case
of wills, as of intestacies; and so the practice
hath ever been, and still continues to be.
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The commissary-general then, every three
months, makes distribution of the surplusage of
every estate finally accounted for; the surplusage
is, or ought to be, the balance appearing
due on the face of every account, returned
as final, by the several deputy commissaries;
from this balance, legacies bequeathed are deducted, |
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