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Legacies and distributive shares payable out of assets of any deceased person (when assets do not exceed 200l.) may be recovered by civil bill.
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49. Where the amount of the assets of any deceased person shall not exceed in value the sum of two hundred pounds, it shall and may be lawful for any legatee of any specific chattel, or for any legatee of any pecuniary legacy payable out of the assets of any such deceased person, or for any residuary legatee, or for any person or persons entitled as next of kin of any such deceased person, or the executors, administrators, or assigns of such legatee or next of kin, and they and each of them are and is hereby authorized and empowered, to proceed by civil bill against the executor or administrator of sach deceased person in the county or riding in which such executor or administrator, or one of such executors or administrators, in case there shall be more than one, shall be resident, for the recovery of such legacies or distributive shares, at anytime after the expiration of one year from the decease of the testator or intestate, but not sooner; . . . and it shall and may be lawful for such assistant barrister, upon due proof that the defendant had received, or without wilful default might have received, assets of the testator or intestate sufficient, and liable, after payment of all just debts, for the satisfaction in a due course of administration, either in the whole or in part, of the plaintiff’s demand, to make a decree for payment of such legacy, . . . or to make a decree for payment of the distributive portion rateably and proportionably with other legatees standing in the same situation, or other next of kin respectively, as the case may be, . . . and in case the plaintiff shall establish his right to any specific chattel, it shall and may be lawful for such assistant barrister to make an order for delivery of the same to the party entitled thereto, or to make a decree for payment of the value thereof, and costs of suit; and in case the plaintiff shall establish his right as residuary legatee, it shall and may be lawful for such assistant barrister to make an order for the delivery, transfer, or payment of such residuary estate and effects to the party decreed entitled thereto.
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