made to the contrary, may appeal therefrom to the supreme court, at the term thereof to be holden in the same county next after the rendition of said order, determination or decree, if said term do not commence within sixty days of said time, and if it do so commence, then at said term, or at the next succeeding term, of the said court in the same county.

SEC. 2. Such appeal must be claimed by the aggrieved party within forty days next after such order, decree or determination shall have been made; and bond shall then be given to said court of probate, with surety satisfactory to said court, or to the clerk thereof, if said court shall not then be in session, to prosecute such appeal with effect, or in default thereof to pay all intervening costs and damages, and such costs as the supreme court shall tax against the appellant.

SEC. 3. The person so appealing shall, within ten days after giving bond as provided in the preceding section, file his reasons of appeal in the office of the clerk of the court appealed to; and shall cause the adverse party to be served with a copy thereof, and to be cited at least ten days before the sitting of the court appealed to, that such party may prepare to answer the same.

SEC. 4. Appeals shall be proceeded upon at the term of the supreme court at which they shall be entered. If a matter of fact be in controversy, the same shall be tried by a jury, if either party request it.

SEC. 5. If the party appealing give bond as aforesaid, but shall neglect to prosecute said appeal in manner aforesaid, the supreme court, upon the complaint of any person interested in the order, determination and decree appealed from, may affirm the same and pass such further decree or order as may be necessary to carry same into full effect.

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SEC. 6. In case any order, decree or determination of any court of probate shall be appealed from, the operation of such order or decree shall be wholly suspended until the same shall be affirmed by the supreme court: Provided, that if the decree shall be for granting letters testamentary, of administration or guardianship, the executor, administrator or guardian, on giving bond according to law, shall have power to collect, receive and take possession of all the rights, credits and estates of the testator, intestate or ward, which by law he could have collected, received or taken possession of, provided no appeal had been made; and to take proper care of the ward and his family during the pendency of said appeal.

TITLE XXIV.

Of the Estates of deceased persons.

CHAPTER 154. Of wills.

CHAPTER 155. Of the probate of wills.

CHAPTER 156. Of the administration of testate and intestate estates.
CHAPTER 157. Of the inventory and assets of estates of deceased persons.
CHAPTER 158. Of insolvent estates of deceased persons.

CHAPTER 159. Of descent, distribution, division and advancement.
CHAPTER 160.

Of estates of persons dying without known heirs, and of
unclaimed shares of, and debts against, estates of deceased
persons and wards.

CHAPTER 161. Of debts and charges against the estates of deceased persons, and of legacies, and of actions for the recovery of the same.

CHAPTER 162. Of the settlement of accounts of executors and adminis

trators.

CHAPTER 163. Of the bonds of executors and administrators, and of suits thereon.

SECTION 1. Every person of the age of twenty-one years and upwards, and of sane mind, and being lawfully seized of any lands, tenements or hereditaments, in his own right in fee-simple, fee-tail, or for the life of any other person, or for any other term of time than his own life, shall have a right to give, devise and dispose of the same, by last will or testament, in writing, to and among his children or others, as he shall think fit; and he may also devise any lands, tenements or hereditaments, acquired subsequently to the execution of his will, provided his intention to devise the same appears by the express terms of his will.

SEC. 2. No person seized in fee-simple shall have a right to devise any estate in fee-tail for a longer time than to the children of the first devisee; and a devise for life to any person and to the children or issue generally of such devisee, in fee-simple, shall not vest a fee-tail estate in the first devisee, but an estate for life only; and the remainder shall, on his decease, vest in his children or issue generally, agreeably to the direction in such will.

SEC. 3. The will of a married woman shall not impair the rights of her husband, upon her death, as tenant by the curtesy.

SEC. 4. All devises and bequests of any lands, tenements or hereditaments, shall be in writing, and signed by the party devising the same, or by some person in his presence and by his express direction; and shall be attested and subscribed in the presence of the devisor, by three or more witnesses, or else shall be utterly void and of no effect.

SEC. 5. No devise or bequest in writing of any lands, tenements or hereditaments, or any clause thereof shall be revocable, otherwise than by a marriage of the testator subsequent to the date thereof, or by some other will or codicil in writing, or other writing revoking the same, or by burning, cancelling, tearing or obliterat ing the same, by the testator himself, or in his presence and by his direction and consent; but all devises of lands and tenements shall remain and continue in full force until the same be burned, cancelled, torn or obliterated by the testator, or by his direction, in manner aforesaid; or unless the same be altered by some other will or codicil or other writing of the devisor, signed in the presence of three or more witnesses, declaring such alteration.

SEC. 6. Every person being upwards of eighteen years of age, and of sane mind, shall have a right to give and dispose of all his goods, chattels and other personal estate of every kind, by last will and testament in writing, in the same manner as he is authorized by this chapter, if of twenty-one years of age and upwards, to dispose of real estate.

SEC. 7. No will or testament of any goods or chattels or other personal estate shall be valid and effectual to convey the same, unless such will or testament shall be in writing, and signed and executed in the manner prescribed in this chapter for the execution of wills of real estate; nor shall any will of goods, chattels or other personal estate of any kind be revocable, in any other manner

than is hereinbefore prescribed for the revocation of wills or testaments of real estate.

SEC. 8. Any soldier in actual military service, or any mariner or seaman being at sea, may dispose of his personal estate by will, as he might heretofore have done.

SEC. 9. The widow of any testator in whose will provision is made for said widow in lieu of her dower, shall, in case of her nonacceptance of such provision, signify the same in writing to the court of probate, within one year from the probate of the will.

SEC. 10. When any child shall be born after the execution of his father's or mother's will, without having any provision made for him in such will, he shall have a right and interest in the estate of his father or mother, in like manner as if the father or mother had died intestate, and the same shall be assigned to him accordingly.

SEC. 11. All estate, real and personal, not devised or bequeathed in the last will and testament of any person, shall be distributed in the same manner as if such person died intestate.

SEC. 12. When any child, grandchild or other person having a devise or bequest of real or personal estate, shall die before the testator, leaving a lineal descendant, such descendant shall take the estate, real or personal, as devisee or legatee, in the same way and manner as such devisee would have done in case he had survived the testator.

SEC. 13. If any person has attested or shall attest the execution of any will or codicil, to whom any beneficial devise, legacy, estate, gift or appointment of or affecting any real or personal estate, other than and except charges on lands, tenements or hereditaments, for the payment of any debts, shall be thereby given or made, such devise, legacy, estate, interest, gift or appointment shall, so far only as concerns such person attesting the execution of such will or codicil, or any person claiming under him, be utterly void; and such person shall be admitted as a witness to the execution of such will or codicil, such devise, legacy, estate, interest, gift or appointment, notwithstanding.

SEC. 14. In case, by any will or codicil already made, or hereafter to be made, any lands, tenements or hereditaments are or shall be charged with any debt, and any creditor whose debt is so charged has attested or shall attest the execution of such will or codicil, every such creditor, notwithstanding such charge, shall be admitted as a witness to the execution of such will or codicil.

SEC. 15. In case any devisee or legatee as aforesaid, who has attested the execution of any will or codicil already made, or who shall attest the execution of any which shall hereafter be made, shall die in the lifetime of the testator, or before the probate of such will, such devisee or legatee shall be deemed to have been a legal witness to the execution of such will or codicil, within the intent of this chapter, notwithstanding such legacy or bequest.

SECTION 1. No will shall be effectual to pass either real or personal estate, unless it has been duly proved and allowed in the court of probate; and the probate of a will devising real estate, shall be as conclusive as to its due execution, as in case of a will of personal estate.

SEC. 2. Every person having the custody of any will, shall within thirty days after he has knowledge of the decease of the testator, deliver the same to the court of probate or to the person named in such will as executor.

SEC. 3. Every person named as executor of any will shall, within thirty days after the decease of the testator, or within thirty days after he has knowledge that he is so named, cause such will to be proved and recorded in the office of the clerk of probate of the town where the testator last dwelt, or file the same in the probate office, and in writing declare his refusal of the executorship.

SEC. 4. Every person or executor who shall neglect his duty and trust as prescribed in the two sections next preceding without just excuse made and accepted by the court of probate for such delay, shall forfeit the sum of ten dollars a month from and after the expiration of said thirty days, until he shall deliver the same, or cause the same to be proved and recorded, or shall file the same with his refusal as aforesaid, one half of such forfeiture to enure to those entitled under such will, and the other half to him who shall sue for the same.

SEC. 5. When the executor or any other person interested in any will that has been proved and allowed in a court of probate in any of the United States, or in a court of probate in any state or kingdom, shall produce a copy of such will, with a copy of the probate thereof, under the seal of the court where the same will has been proved and allowed, unto any court of probate in any town in this state where the testator had estate real or personal, whereon the same will may operate, and shall in writing request that the same may be filed and recorded in the probate office in such town, the said court shall assign a time and place for taking the same into consideration.