This lecture outlines topics related to bankruptcy law in Virginia. This excerpt taken from George Calvert's notes outlines the duties of executors and administrators of estates as well as the process for dispensing with property and chattel including enslaved persons.
"9b. Duties of Executors and Administrators
1c. To buy deceased decently, according to his [?]
2c. To prove the will if there be one to qualify etc. wherein of
1d. Mode of proceeding and therein consider
2e. 1e. Court having jurisdiction
2e. Proceedings ex parte
3e. Proceedings inter partes
2d. Oath
3. Bond security
1e. Payable at Commonwealth
2e. Amount of penalty
3e. Condition
1d. As to penalty
2d. As to realty
4e. Liability of justice for no bond or insufficient security etc.
5e. Remedy on bond
1d. Judgement against estate and to whom of no effect
2d. Action on bond for [?] limitations thereof—effect of previous judgement [?]
3d. Relief to securities and to others concerned
- 1d. By counter security
- 2d. By new bond
6e. Place of deposit of original will and grant of letters of probate
7e. Territorial extent of power conferred by letter of probate or of administration
- 1f. In England
- 2f. In Virginia
Confined to limits of Commonwealth
- 8e. Proof of foreign will
- 1b. When will is abroad
- 2b. When witnesses reside abroad
- 3b. In foreign language
3c. Make an inventory or appraisement
- 1d. Of chattels and credit (debts)
- Debts may be rates as [?], desperate and doubtful
2d. Of lands to be sold
4c. Collect the estate; wherein of
- 1d. Sale of perishable property first and if necessary of other property
- 1e. What sold
- 2e. Reservation of slaves
- 3e. Terms of credit or cash, sale public
- 4e. Collusion of purchaser with [?]
- 5e. Account of sales"
This excerpt continues with an outline of Virginia law concerning bequests (including of enslaved persons) to widows.
"Precatory Bequests
- Donations mortis causa
- Distribute residuum; wherein consider
- Widows share
- If husband leave issue by her one third slaves for life
- If husband leave no issue by her when she [?]
- All the chattels which came by her which remain in kind
- Of the husband’s original chattels, if he left no issue by another marriage
- If he did leave such issue ½
- Slaves in fee part for life only
- Slaves of remaining distributes
- Same as heirs of land, except
- Alianage no ban (?)
- Infant and adult same law
- If decedent married woman, husband her sole distribute
- If none of take Commonwealth succeeds
- Form and law of distribution
- End of Book II"
- Slaves of remaining distributes