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An Act to regulate the administration and settlement of estates. 1838 295 (1838)

handle is hein.slavery/ssactsky0334 and id is 1 raw text is: LAWS OF KENTUCKY. thirty eight; and said comphny shall further be vested with full 18g§ powers to increase their capital stock, from time to. time, so hs to enable them to finish and complete the rdad, which said company is authorized, to cOnstruct, provided that James T. Briggs, Joseph Covington, Isaac Smith, Thomas McDavid, Board i Warren county Alexander Loving, Fayette Hines, John Porter, James Kelly cotinued. and Elias Simpson, be, and they are hereby, continued the Board of Internal Imlrovement for Warren county; and that they be, and are hereby, vested with all the powers, authori- ties, rights and privileges, with which they were vested by the act, approved February twenty three, eighteen hundred aid thirty five, entitled, an act to provide for making a road 'from Bwlinggreen, ly way of South Union, Russellville and Elkton, to Hopkinsville: provided further, that W. I. Morton,. Com'rs to Jefferson Haden, Willianm Haden, Jr., Joseph Morton, 'Jacob pen books in Yost, and William McCutchen, be, and the same are hereby, Logan ciotuty. constituted and appointed Commissioners, and are vested with full power and authority to open books and receive subscrip- tions of stock in said road, in the county of Logan, in addition to those heretofore appointed for that purpose. Apprqved February 20 1839. CHAP. 1327.-AN ACT to regulate the administration and settlement of estates. SE~c. 1. Be it enacted by the General Assembly of the Cwn- monwealth of Kentucky, That, hereafter, all debts shall be of All debts .shall be of equal dignity in the administration of estates, and shall be paid equal dignity as hereafter declared rateably, in proportion to their amounts, and paid -rate- by the executor or administrator, 'When the personal effects ably. are not sufficient for the payment of the debts against the estate of the testator or intestate; and should more than the rateable share of any debt be paid, the executor or administra- tor shall only receive credit, in the settlement of his accounts, for its proper proportion, S~c. 2. That it shall and may be lawful for any executor or* 101 in cbry administrator, where he shall be satisfied, and so state in his to bfiet' rd. bill, that the estate is not sufficient to pay all the debts of the tptocs ,&%~ decedent, to file a bill in the court of chancery of the couqty thereon. where the administration or probate was granted against the heirs, devisees, legatees and distributees of the decedent, and the creditors, so far as knowh; and he shall set out in the bill, as near as he can, the particular items and amount of the whole estate, real, personal and mixed; and at the first term of the court, after filing the bill, or at the term at which it is filed, the court shall refer the bill to a master commissioner, to as- certain and report the estate of every description, and to as. certain and report the debts against the estate; and a day

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