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Proviso.

Trial.

No view. Damages for detention.

Commission to

Oath.

OF DOWER. CHAP. 87. CHAP. 170, VOL. 15.

the writ is served, if the tenant do not appear at the return, there shall be judgment by default: provided, that if the service be not upon the tenant, the court may, in its discretion, make order for public or other notice of the proceeding, and allow time for his appearance until the next term.

SEC. 11. When the tenant appears, the parties respectively shall have such rules as to put the case at issue, so as to be placed upon the trial list for the next term; and the cause shall not be continued beyond the second term, without good ground.

SEC. 12. In'dower no view shall be granted.

SEC. 13. The demandant shall recover reasonable damages for the detention of her dower, which damages shall be in satisfaction of any demand on account of rents and profits; and it shall be no plea that the demandant has received, or recovered, dower of other tenements, unless her right of dower in the premises mentioned in the writ, be thereby satisfied, or therein comprehended.

SEC. 14. Upon judgment, the court, instead of awarding a writ assign dower,&c. for delivering seizin, may appoint five judicious and impartial freeholders of the county to lay off the dower, and also to assess the damages for the detention, if not previously assessed by a jury. The said freeholders shall be sworn, or affirmed, to perform their duty respectively, faithfully and impartially, according to the best of their skill and judgment. They may employ a surveyor to assist them, to be sworn or affirmed in like manner. Their return, being approved by the court, shall be conclusive; and thereupon the court shall award a writ of possession, if applied for, to cause possession of her dower to be delivered to the demandant, and shall render judgment for the damages and costs.

Return.

Possession.

Costs.

How assigned in

SEC. 15. In respect to the costs, the court shall exercise equitable

powers.

ASSIGNMENT OF DOWER.

SEC. 16. In all cases where a widow may be entitled to dower, Orphans' Court. the same may be assigned and laid off to her by the Orphans' Court of the county where the land lies, upon petition to said court by the widow, or by any party interested, by the like proceedings, and in the same manner, as by law is provided in the case of intestate estates; and the court shall exercise the same power, in respect to the costs, as in laying off the widow's part of the real estate of an intestate.

CHAPTER 170, VOL. 15, LAWS OF DELAWARE.

AN ACT IN RELATION TO TENANTS UNDER THOSE HAVING DOWER
RIGHTS.

SECTION 1. That in case any person being in possession of any real estate, by virtue Buildings erected of a demise from a person having a life estate in said real estate through the right of by tenants under those having dower, shall erect any building or structure upon the demised premises, it shall be law

OF WASTE. CHAPTER 88.

when.

ful for such person, at the expiration of the demise, to remove any such building or dower rights, structure from said premises, provided the same shall have been made separate and may be removed, apart from any fixed improvement on said estate, and that no damage to any person hav- Proviso. ing the reversionary right to the said real estate, shall result from such removal.

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to the action of

SECTION. 1. If any tenant by the curtesy, tenant in dower, or tenant who are liable for life, or years, shall commit waste, during his or her estate, or waste. term, of the houses, woods, or any other thing belonging to the tenements so held, without special license in writing, he shall be liable to an action of waste.

if Assignee.

SEC. 2. The assignee of the estate of either of the said tenants, he commit waste, shall in like manner be liable to an action of waste. If, notwithstanding assignment, the tenant remain in possession and commit waste, he shall be liable to an action of waste in the same manner, as if no assignment were made.

Liability con

SEC. 3. If the husband of a tenant in dower, or for life, or if an assignee of such tenant, commit waste, he shall continue liable to tinues. an action of waste, notwithstanding the decease of his wife.

Co-tenants.

SEC. 4. A tenant in common, joint tenant, or co-parcener, com- Exists between mitting waste of the estate held in common, joint tenancy or coparcenary, shall be liable to an action of waste at the suit of his co

tenant.

SEC. 5. An action of waste shall be maintainable by the heir for waste done in the time of his ancestor, as well as in his own time; and as well against the executors, or administrators, of the tenant who committed the waste, as against the tenant himself.

By heirs.

Accidental

SEC. 6. A person in whose house, or chamber, fire shall accidently begin, shall not be answerable for waste; provided, that no waste. contract between landlord and tenant shall be hereby contravened.

how served.

SEC. 7. A writ of waste shall be served in the same manner as a writ of waste; writ of dower; there shall be no process of pone or attachment; and if the writ be served, and the defendant do not appear at the return, there shall be judgment by default, unless the court shall deem it Judgment by proper to allow further time for the defendant's appearance.

default.

Suit does not

SEC. 8. The action shall not abate by the death of either party; abate.

Judgment.

Estrepement.

Injunction.

OF WASTE. CHAPTER 88.

but the heir shall be admitted to prosecute the same on the death of the plaintiff; and if the defendant die, his executors, or administrators, may be made parties by a writ of scire facias.

SEC. 9. In an action of waste the plaintiff shall recover the place wasted and double damages.

SEC. 10. During the pendency of an action of ejectment, or of an action of waste to recover the place wasted, the court in which such action is, may award a writ of estrepement to prevent waste being committed on the premises which are the subject of such action.

SEC. 11. Upon the petition of a person holding any lien upon real estate, whether by judgment, recognizance, mortgage, or otherwise, the chancellor may, in a proper case, award an injunction, or the Superior Court of the county, wherein such real estate is, may award a writ of estrepement, for the purpose of restraining waste upon the premises subject to such lien.

OF THE SETTLEMENT OF PERSONAL ESTATES. CHAPTER 89.

TITLE THIRTEENTH.

OF THE ADMINISTRATION OF ESTATES.

CHAPTER 89. Of the settlement of personal estates; and herein of the register of wills. Chap. 314, vol. 12; Chap. 132, vol. 16; Chap. 523, vol. 16;

Chap. 774, vol. 19.

CHAPTER 90. Of the sale of lands by executors and administrators. Chap. 457, vol. 13; Chap. 469, vol. 15; Chap. 159, vol. 13.

CHAPTER LXXXIX.

OF THE SETTLEMENT OF PERSONAL ESTATES.

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TATE.

8. Where administration shall be granted; extent.

Upon the estate of a non-resident.

9. To whom granted.

10. Administration DE BONIS NON.

Administration PENDENTE LITE. 11. Persons incapable of administration, 12. Register may remove executors, &c. In case of after discovered will. Powers of succeeding executors, &c. Apportionment of commissions. Force of acts done by removed executor, &c.

Remedy on refusal to give up effects. 13. Oath of executor, &c.

14. Bond of executor or administrator,

If several, may be joint or separate.
Husband must join with wife
Record entry of bond and security.
Fayment of legacies within the bond.
Also rents received,

Register liable for not taking bond.
Further bond may be required.
Register's certificate not essential.
Bonds to be filed in the office.

15. Appeal from the register.
16. What are assets; what not.
17. Appraisers to be appointed; oath.

18. Inventory and appraisement to be made.

Provision in case of appraiser's death, &c.

Affidavit of executor, &c., to inventory.

Executor's debt is not extinguished. 19. The inventory must be filed in six months, or attachment shall issue; what excuses.

20. Removal of executor, &c., for neglect.

21. Growing crops may be finished, or sold.

SEC. 22. Additional inventory to be filed; when.

23. Order for further inventory; appeal.
Testimony to be in writing.

24. Commissions to take depositions
25. Order of payment of debts.

26. When executor. &c., not liable for
paying out of order.

27. What debts he shall be deemed to have notice of

27. Rents received are assets.

28. But this does not authorize possession of land.

Repairs to be kept up; when.

29. Probate of all demands required.
By corporation; partners; assignees,
&c.

The probate must be signed.

Effect of want of probate; how tried. 30. Probate by whom taken; how certified; costs.

31. Accounts to be rendered annually.
Attachment; time extended.

32.

Distribution of residue; how made. 33. Representation is by STOCKS 34. Degrees; how computed: "kin." 35. Undivided residue, intestate, 36. Time for settling estate interest. 37. Specific legacy; when due; other leg

acies.

When payment may be refused.
Refunding bond; security.

38. A legacy is no satisfaction of a debt. 39. Remedy when executor cannot pay money over.

May deposit in bank,

Certificate to register.

Report to Orphans' Court, in case of minors.

Discharges executor.

40. Assumpsit lies for a legacy; or share. Security may be required to refund. Not where there is a trust.

41. Publication of grant of letters; how made.

Effect thereof; proof of notice.

42. Contract for land must be proved before suit brought against executor. Court may order specific perform

ance.

May extend to land in several coun. ties.

When not to be had; nonsuit,

43. Process against executors, etc., pro. ceedings thereon.

44, Judgment on report of referees; as to

assets.

45. Costs to and against executors, &c.; certificate.

Will; where proved.

Record.

Chap. 674, vol. 18.
Proof of signa-

ture to will.

OF THE SETTLEMENT OF PERSONAL ESTATES. CHAPTER 89.

46. Foreign letters to be recorded here;
when.

Surety to be given; when.

47. Proceedings stayed, &c., until, &c.
48. But no judgment to be reversed there-
for.

49. This chapter extends to Orphans'
Court; when,

50. ACQUITTANCES; when recorded, evi-
dence.

How acknowledged; and certified. 51. Form of acknowledgment.

52. Register's power to issue process, &c.

And to sequester property.

53. To require guardians to render ac

counts.

Supplement.
Addition il acts.

SECTION 1. A will shall be proved before the register of the county in which the testator resided at the time of his death. If he do not reside in the State, it may be proved before the register of any county wherein are any goods, or chattels, rights, or credits, or lands, or tenements, of the deceased. When proved, it shall be recorded in the register's office; and the record, or an office copy thereof, shall be sufficient evidence in respect to both real and personal estate. The original shall be preserved in said office.

[In case any attesting and subscribing witness to a will shall be dead, or not within the State at the time such will is presented for probate, proof of the signature of such witness shall be sufficient. If that cannot be made, then proof of the signature of the testate Interested parties shall be sufficient. In every such case, the parties interested shall to have notice. have notice of the time for taking such proof. In respect to parties not within the State, the Register of Wills may order such service or publication of notice as he may deem proper.]

How proved.

Citations.

Caveat.

Review.

Such proof may be taken without notice to persons interested, unless a party request it. Upon such request, the register shall, and in any case he may appoint a time for taking the proof, and award citations, which he may issue into any county, for citing all persons to be present (those voluntarily appearing excepted) at the taking of such proof. In respect to parties not within the State, he may order such service or publication of notice, as he may deem proper.

SEC. 2. A caveat against the allowance of an instrument as a will, shall be received at any time before its proof; and thereupon the register shall appoint a time for hearing, and award citations for the parties interested, and order service, or publication of notice to parties not within the State, as in the first section. If, when a caveat is received, a time be appointed and process issued, it shall not be necessary to adjourn the taking the proof and hearing; but an adjournment may be decreed, and other process awarded, or order made.

SEC. 3. Any person interested, who shall not voluntarily appear at the time of taking proof of a will, or be served with citation or notice, as provided by section 1, shall, at any time within seven years after such proof, have a right of review, which shall be ordered by the register, on his petition; upon which there shall be the same proceedings as upon a caveat; and the allowance of the will and granting letters may be affirmed, or the will rejected, and

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