Regarding slave ownership in the NY branch... the most I have found is Solomon DuBois who owned 7 in 1755. However this is the only "slave census" I have access to... I think most at the time owned 2 or 3. Jim Miller -----Original Message----- From: ELIZABETH RUSSO <elizabethrusso@home.com> To: DuBose-L@rootsweb.com <DuBose-L@rootsweb.com> Date: Saturday, January 02, 1999 10:08 AM Subject: DUBOIS and DUBOSE and slave-owning tendencies >Every six months or so, I thought I'd trot out my DUBOSE/DUBOIS theories >for discussion purposes. When first researching my DuBOIS lines, I was >struck by the thought that frequently people from the south (USA) would >assume I was talking about DUBOSE. But this virtually never happened in >the north. Rather, the discussion in the north seems to be whether my >family pronounces it as doo-BOYZ, doo-BWAH, or doo-BOY (Answer: all >three.) > >Once I started researching, I soon was struck by the notion that the >DuBOIS and the DUBOSE families do not appear to be related at all. Many >hundreds, or thousands, of documents later, I am still of this opinion. > >Yes, there are occasional clerical errors. But when examining documents >as a whole, you can usually figure out which spelling is meant. The >folks who live in the gray areas are the DUBOISE families. And then, >there are the DuBoyce famillies, etc. > >In collecting census and military records for SC, AL, and GA for the >19th century, I've come to the following conclusions: > >The DUBOSEs, for the most part, descended from a line by the name of >DUBOSC/DuBosq that initially came to SC and due to either clerical error >or choice, the name was changed to DuBose. They produced many >descendants who migrated throughout the southeast. You will rarely find >the DuBose name above the Mason-Dixon line prior to 1800. > >The DUBOIS, on the other hand, have fairly consistently spelled their >name this way for at least 400 years. In the US before 1800, they >settled mostly in the New York/New England/Canada areas. But my branch >came to Charleston at least by 1696, and it is from this line that the >few southern (except for Louisiana, where the DuBois were French >Catholics) DUBOIS families sprang. > >Both DUBOSE and DUBOIS families that settled in SC by 1700 were >initially French Huguenots and fairly adamantly protestant from at least >1680 to the early 1900s. > >In the Southeast, the DUBOSEs probably outnumber the DUBOIS' at least 10 >to 1. > >They produced more sons and many DuBoses owned slaves numbering in the >tens and hundreds. The DuBOIS' owned similar amounts of land, but tended >to not have more than one or two families of slaves, if at all, and >their slaves probably came into their families via intermarriage with >non-DUBOIS surnamed people. > >I am less familiar with the northeastern DUBOIS and leave it to those >researchers to chime in with their slave info, etc. One theory I've >read is that the northern Huguenots with Dutch ties were more likely to >own slaves than their southern cousins with English ties. And in the >south, Huguenots coming directly to the US who attended French-speaking >Huguenot churches were more likely to be slaveowners than those coming >through England who were Anglican. > >In my own family, it appears that they were Anglican and later Methodist >from the earliest dates of the colonies. Their churches emphasized >"mission work to the Africans" by teaching them to read and write and by >providing places and opportunities for worship. Their early efforts >were met sometimes with violence. This, along with their close ties >with their friends and neighbors, probably kept them from being outright >abolitionist. But their faith dictates appear to have kept a lid on >slave acquisition. > >In looking at 1860 census indexes for the southern states, it was >striking to note that in that year there were NO DuBois' listed for the >state of Georgia, but many DUBOSE. The DUBOIS for Louisiana were mostly >French catholic immigrants, but those who came to that state from AL or >SC prior to 1850 were probably from the Huguenot lines. > >In examining Autauga and Hale county, AL census record for 1870, I found >no black DuBOIS families, but several DUBOSE. In looking at Confederate >military records at NARA for Alabama, again the DUBOSEs outnumbered the >DUBOIS. These facts are not surprising statistically, given that there >were far more DUBOSE families than DUBOIS in Alabama. > >I would love to hear from others about these theories. What have you >found? > >I search the truth, and not political correctness. > >Elizabeth DuBois Russo > > >==== DuBose Mailing List ==== >******* Happy New Year! ******* >Send comments about the Forum to: >Steven J. Coker, Forum Manager >P.O. Box 359, Charleston, SC 29402 >DuBose@GeoCities.com >http://www.dubose.org/ > >

Again, anyone researching these lines, please let me know your earliest DUBOIS ancestor so I can find connections. 1860 SC Census, Walterborough PO, St. Bartholomew's Parish, Colleton District, p. 283: DUBOIS, WILLIAM, 25, FARM LABOR, $3750 (or $375) pers. prop. HENRIETTA, 17 [The above are listed as having married within the year; William is listed as not being able to read or write] 1860 SC Census, All Saints Parish, Horry District, p.62 DUBOIS, W.L., 56, FARMER ANN S., 57 WILLIAM C., 26 MARY ANN, 21 SARAH E., 17 JOSIAH B., 12 Same district, p. 65: DUBOIS, MARTHA, 45, FARMER (To whom had she been married?) ELIZABETH, 13 HANNAH S., 12 ALBERT A., 9

Good morning cousins! Just wanted to let you know that when I went on my researching blitz to NARA last week (where I was trying to get every scrap of info available on my Alabama DUBOIS'), I failed to resist my temptation to look once again at SC DuBois'. Nearly all of my SC line left the state by 1820 or so, but I still believe that the DUBOIS still in the state 1) who were Protestant, and 2) whose ancestors came to SC by 1800, were related to my folks. So, finally, to the point. I have copied the 1860 SC Census index for the DUBOIS. On the same page are a whale of a lot of DUBOSE as well, but I didn't copy adjoining pages, so I don't have a comprehensive list of the latter. I also copied the census pages for the following names: (Lettye--aren't these yours? You probably already have this stuff.) Anyone researching these particular lines, please let me know the earliest ancestor so I can see if I can tie them in to my lines. Colleton District, St. Bartholomew's Parish, p. 283 DUBOIS, JESSE, 45, farmer, $6000 r/e; $1000 pers. SELINA, 38 JANE, 21 MARIE, 20 HARRIET,11 HENRY, 9 CATHERINE, 7 M C, 6 JESSE, 3 ANNA, 1 DUBOIS, DEMPSEY, 50, farmer, $2,000 r/e; $2,300 pers. ELIZABETH, 32 HENRY, 22, laborer MARTIN, 20, student ALBERT, 18 MARY, 15 JULIA, 4 JULIUS, 2 ELEANICE, 1 Elizabeth DuBois Russo

In a message dated 1/3/99 9:40:15 AM Central Standard Time, elizabethrusso@home.com writes: << please let me know your earliest DUBOIS ancestor so I can find connections >> Dear Elizabeth: I believe I have previously shared with you the DUBOSE I am researching and I realize they are not DUBOIS, but I will repeat them in case my Eliza is really yours: Benjamin DUBOSE, b. 1770 in Darlington Co., SC, d. 1851 in Maringo Co., ALA. He was a planter. He m. 1799 Susannah Campbell, b. 1778, d. 1818. Her father was a Scotch Baptist Minister One of their children: Elizabeth DUBOSE, b. 1800, m. John HUMPHRIES, a Methodist Minister in 1847. They lived in Dooly Co., GA This is not totally 'verified' but the info fits what my family has. Would love more info, if anyone has any. Thanks to all and a Happy New Year, Sharon Zingery

Beat #8, p. 175 [Only household heads are being listed here. Email me if you want the fully scanned page via email attachment.] --------------------------- Black: SPORTS [?], JAMES " [RESTPM MUSE, ANTONY PROVIDENCE, ELIZABETH BROWN, PETER DUBOSE, ADAM THOMAS, PONTIS[?] White: DUBOSE, K.C., Jr. ------, HENRY

Every six months or so, I thought I'd trot out my DUBOSE/DUBOIS theories for discussion purposes. When first researching my DuBOIS lines, I was struck by the thought that frequently people from the south (USA) would assume I was talking about DUBOSE. But this virtually never happened in the north. Rather, the discussion in the north seems to be whether my family pronounces it as doo-BOYZ, doo-BWAH, or doo-BOY (Answer: all three.) Once I started researching, I soon was struck by the notion that the DuBOIS and the DUBOSE families do not appear to be related at all. Many hundreds, or thousands, of documents later, I am still of this opinion. Yes, there are occasional clerical errors. But when examining documents as a whole, you can usually figure out which spelling is meant. The folks who live in the gray areas are the DUBOISE families. And then, there are the DuBoyce famillies, etc. In collecting census and military records for SC, AL, and GA for the 19th century, I've come to the following conclusions: The DUBOSEs, for the most part, descended from a line by the name of DUBOSC/DuBosq that initially came to SC and due to either clerical error or choice, the name was changed to DuBose. They produced many descendants who migrated throughout the southeast. You will rarely find the DuBose name above the Mason-Dixon line prior to 1800. The DUBOIS, on the other hand, have fairly consistently spelled their name this way for at least 400 years. In the US before 1800, they settled mostly in the New York/New England/Canada areas. But my branch came to Charleston at least by 1696, and it is from this line that the few southern (except for Louisiana, where the DuBois were French Catholics) DUBOIS families sprang. Both DUBOSE and DUBOIS families that settled in SC by 1700 were initially French Huguenots and fairly adamantly protestant from at least 1680 to the early 1900s. In the Southeast, the DUBOSEs probably outnumber the DUBOIS' at least 10 to 1. They produced more sons and many DuBoses owned slaves numbering in the tens and hundreds. The DuBOIS' owned similar amounts of land, but tended to not have more than one or two families of slaves, if at all, and their slaves probably came into their families via intermarriage with non-DUBOIS surnamed people. I am less familiar with the northeastern DUBOIS and leave it to those researchers to chime in with their slave info, etc. One theory I've read is that the northern Huguenots with Dutch ties were more likely to own slaves than their southern cousins with English ties. And in the south, Huguenots coming directly to the US who attended French-speaking Huguenot churches were more likely to be slaveowners than those coming through England who were Anglican. In my own family, it appears that they were Anglican and later Methodist from the earliest dates of the colonies. Their churches emphasized "mission work to the Africans" by teaching them to read and write and by providing places and opportunities for worship. Their early efforts were met sometimes with violence. This, along with their close ties with their friends and neighbors, probably kept them from being outright abolitionist. But their faith dictates appear to have kept a lid on slave acquisition. In looking at 1860 census indexes for the southern states, it was striking to note that in that year there were NO DuBois' listed for the state of Georgia, but many DUBOSE. The DUBOIS for Louisiana were mostly French catholic immigrants, but those who came to that state from AL or SC prior to 1850 were probably from the Huguenot lines. In examining Autauga and Hale county, AL census record for 1870, I found no black DuBOIS families, but several DUBOSE. In looking at Confederate military records at NARA for Alabama, again the DUBOSEs outnumbered the DUBOIS. These facts are not surprising statistically, given that there were far more DUBOSE families than DUBOIS in Alabama. I would love to hear from others about these theories. What have you found? I search the truth, and not political correctness. Elizabeth DuBois Russo

I posted an early notation about Jacob's cemetery location. I noticed that as I scrolled further down, there are greater details about his death and the hospital he was in. ftp://ftp.rootsweb.com/pub/usgenweb/ky/jefferson/cemeteries/cavehill.txt Sharon Z.

d. 2/17/1865 This is a cite listing Jacob DUBOSE of AL and his cemetery location ftp://ftp.rootsweb.com/pub/usgenweb/ky/jefferson/cemeteries/cavehill.txt Hope it helps someone in their search. Sharon Z.

Just sharing a DUBOIS that I found while surfing...... SERIES 147. VOL 7A (part 1 of 3)ADJUTANT GENERAL. Correspondence to the Governor and Adjutant General of Ohio August 2-November 20, 1861. http://www.ohiohistory.org/Exe/ZyNET.exe#hit1 August 23, 1861Charles P. McIlvaine, Cincinnati, Hamilton County, Ohio. To Governor William Dennison. Letter stating that his son-in- law (George W. Dubois), who was Chaplain of the 11th Regiment, Ohio Volunteer Infantry, had informed him that [Jacob Dolson] Cox's Brigade was in need of reinforcements, that Dubois was admitted into much of the confidence of the superior officers, especially Cox, that Cox was fortifying 13 miles in advance of Gauley Bridge, that according to Dubois, Cox's Brigade was in a critical situation, that if [Robert E.] Lee advanced upon [William S.] Rosecrans' reserves, he might cut off Cox's supplies and communications by putting a force between the brigade and Charleston, that the activity of rebel forces along the Potomac River might be a ruse designed to keep Union troops in Washington while the rebels attempted to regain western Virginia, that the strain and stress of the war was to be in the West, that if Union forces took Virginia, the war was not over, and that if they took the Mississippi River and held it, the war would be over. 2 pp. [Series 147-1:14] +++++++++++ Hope this helps someone in their searching! Happy New Year! Sharon Zingery

Greetings, everyone! I have just returned from an exhausting but exhilirating trip to DC and have come back with lots of data. I will post what I have in order that I unearth it from my briefcase and suitcase. I will do lookups to the extent that I can. First up: I have an 1860 census index for NYC DuBois'. Does not include Brooklyn or NY state other than NYC. Elizabeth DuBois Russo

This is really interesting! Does anyone have similar information for South Carolina? I haven't been able to find PETER DUBOIS among either Patriots or Loyalists anywhere. I don't know if he was a pacifist (probably; he had strong religious ties and convictions); whether he had strong ties to England, but not enough to be totally Loyalist; whether he had his finger to the wind and couldn't decide. Any ideas?? Elizabeth Skzingery@aol.com wrote: > > http://members.aol.com/HoseyGen/NCLOYALC.HTML > > This appendix includes a list of those Loyalists of North Carolina who made > application to Great Britain for compensation for loss of office or property > in the state.

http://members.aol.com/HoseyGen/NCLOYALC.HTML This appendix includes a list of those Loyalists of North Carolina who made application to Great Britain for compensation for loss of office or property in the state. Sometimes the claims were made by the brother, sister, or heir of the original person who lost the property or office. Both the sum asked for and the sum received have been given to show the great discrepancy that sometimes existed between the two. The names indicate that a great number of the claimants were of Scotch descent. The great number of people in North Carolina who lost property is but partially represented in this list, as will be seen by comparing it with Appendix B, which contains an account of the owners of land confiscated in the various counties. - Robert DeMond

Can anyone give me any information on Jeptha DUBOSE and his wife Sarah UNKNOWN? Jeptha DUBOSE was a son of Isaac DUBOSE, Jr. and his second wife Hester GOURDIN. Isaac DUBOSE, Jr. b: 1693 in Jamestown, Berkley County, South Carolina d: 1742 in Craven County, South Carolina .. +Hesther GOURDIN d: 1763 m: Aft. 1728 Any help would be appreciated. Doyle T. Brittain athensga@ix.netcom.com

Reference to Nov 28 '98 citation "Transactions of the Huguenot Society of South Carolina, No. 78, 1973, (Printed by the R.L. Bryan Company, Columbia, South Carolina), Part II, pages 84-92. Thanks to this I think I have finally found my "link" between Issac and Suzanne and my family branch. However some of the dates do not quite jibe with other information from other sources. In particular, the final citation on this portion: "(5) Jessie Dubose born ca. 1802 m. ca. 1825 Leah. See Sumter Co., S.C., deeds for Jessie and Leah Dubose. They had 5 children, one of which was Dr. James Gabriel Dubose, b. 1833 who m. Mary Caroline Chandler." Earlier family research by a family member reflects the following on "Jessie"/Leah: Jesse, b. ca. 1785/89, Sumter Co SC, d. ca. 1840/44, Pike Co. AL.,m. 1810 to Leah (last name unknown, possibly Willis), b. ca. 1794 in SC, d. ca 1860, Hunt Co. TX. Their children were: Willis V. b. 1812, (stated as Pike Co. AL, probably Sumpter District SC ) m.(1) Anna Rains, (2) Livonia Odom. Willis d. 1860?, Hunt Co. TX Jesse Knighten, b. 1822, Pike Co. AL, m. Elizabeth Wheeler of AL, 1-31-1850, Harrison Co. TX., d. ca. 1866, Hunt Co. TX. Reportedly killed from ambush. (Dr) Amasa Hamilton, b. 5-25-1824, AL, m. Harriet Ann Lloyd, 11-19-1857, Rusk Co. TX, d. 8-15-1905, (Homer Cemetary) Angelina Co TX. (Dr) James Gaberial, b. 2-24-1833, AL, m. Nancy Caroline Chandler, 1-3-65, Brown Co. TX, d. 12-6-1892, Llano, TX Sarah Amanda, b. ca 1838 (AL?), m. (?) John M. Hawkins, d. 1860? TX Photostat of deed, recorded 8 May 1820 shows Jesse/wife Leah, selling "...all that Tract or part of a Tract of Land Containing one hundred Acres Situated on Wolf Branch Waters of Black River, (Sumpter District, SC) being part of a Tract Containing One Thousand Acres Granted to George Andrews by his Excellency Paul Hamilton Esquire in the year (1806)....unto James Dennis...." Deed was "...sworn to them [Joseph Sprott, Albert Moes, Adam Benbow J.Q.]...23rd October 1819..." Other information provided my Aunt, by Winnie H. Rice in 1975, indicates the following information on Jesse/Leah is quoted, as provided including her notes: "1810 census, Sumter Co SC, shows Jesse (age 16-26) with one female (age 16-26) in household From later records we know that here, Leah was 16. Later, Jesse always listed in one highter bracket, 5-10 years older than Leah; therefore, here he was between 21 and 26 1820 census, Sumter Co SC, shows Jesse (16-26) + one male under 10 (Willis V.?), one female 16-26) two females under 10. (no other record of female before 1838) 1830 census, West FL, part of Walton Co., shows Jesse (40-50), one female (40-50), Males under 5, one, males 5-10, two, females 10-15, one, born 1820. Leah known to be 36. Jesse, 41/46 Male under 5, unknown Amasa Hamilton, b. 1824 & Jesse K. b. 1822 are (5-10) 2. Willis V. b. 1812 and male X, b. 1810/15 are (15-20) 2. Female, unknown 1840 census, Pike Co, AL, Jesse (50-60), Females (40-50) one, males (5-10), one, males (10-15), two, males (15-20), two; females (under 5), one, females 15-20), one (5-10) is James Gabriel, 1833. Amasa Hamilton & unknown male who was under 5 in 1830 are now (10-15), 2. Jesse K., b. 1822, is now 18, (15-20), 1. Willis V., now 28 is married and missing. m. ca 1832 [Anna Rains, 10-30- 1832 in Pike Co. AL]. 1st child b. Ala., 1834. Male X, b. 1810/15, also gone 1846 Republic of Texas Poll List, Harrison Co. Mrs. Leah DuBose Amasa Hamilton DuBose Jesse K. DuBose Willis V. DuBose 1850 census, Harrison Co. Texas Mrs. L. DuBose, age 56, f., b. S.C. N. J. Knighten 28, m. b. Ala--married with the year [Jesse K. m. Jan 31, 1850, Harrison Co., TX A.masa 25, m. b. Ala G.abrial 17, m . b. " S. (Mary?) 12, f. b. " E.(lizabeth) 18. f. b. "---Elizabeth Wheeler DuBose NOTES: This shows Leah, b. S.C. 1794. Jesse, the father is missing, probably died in Ala., 1840-45. Also missing is the son who was under 5 in 1830, 10-15 in 1840. Willis V. is married for the 2nd time & living on adjoing property. Missing is daughter b. 1820. Male X, b. 1810/15, still absent. These two children could have married in Ala. and stayed there. The son b. ca. 1826, would not show on the Tex Poll List but in 1850 would be 24. If he came to Texas with the family he did not remain with them in Harrison Co. >From these census records it appears that Jesse & Leah had 8 children, 6 sons and 2 daughters. There is no proof that Leah of Harrison Co. Tex. 1846, was the mother of these children or that Jesse was her husband but all evidence indicates this was a family unit." (End of Rice document) Copies of land survey in late 1850s shows that property was surveyed about 20-25 miles southeast of Greenville, Hunt County, Texas with adjacent grants made to Willis V., Jesse K. and Leah (assume their mother). Brother, Amasa H. also shown in Hunt Co. census this period. Jesse K. served as 1st Sgt, Borders Cavalry Regt, CSA, 1864-65 (Information from Texas State Archives). Copy of court records show A.H. and J.K. DuBose charged in circuit court (A.H., assualt, J.K., murder) with several continuations between 1861 and 1866. Family legend attributes this to pre-Civil War violence in that area. Jesse reportedly killed from ambush in 1866. Widow, Elizabeth, married a J.J. Pound in Hunt County in 1868. Only child of J.K. and Elizabeth known to have survived to adulthood was Jesse Knighten DuBose ("Jesse III") 1863-1920 1860 census, Hunt Co. Texas (dated 16 Sept 1860) Lavonia DuBose, 31, F, Farmer, b. Miss (widow of Willis V.) William 12, M b. Tex Alice 10, F b. Tex Eudora 9, F b. Tex Laura 5. F b. Tex Willis V. 4. M b. Tex Jesse K. DuBose 39. M Farmer b. Fla Elizabeth 26. F b. Ala French 8. M b. Tex James 6. M b. Tex Lafayette 1 b. Tex Amasa Hamilton DuBose 36. M Physician b. Ala Harriet Ann 26 b. Ala Real Estate Worth: $4500, One (1) slave, name, Bennie The above information brings to question, and some conflict, the information in the Huguenot Society Document that gives Jesse's cited birthdate of 1802. (a) If other family information is right, his oldest son (Willis V., b. 1812) would have been born when Jesse was age 10?! (b) Could Jesse (and Leah, assuming she was younger than Jesse) have legally executed a land sale at age 17 or 18? under then existing SC laws? (c) Also, deed was signed by both Jesse and "his (X) wife" Leah in 1820, five years before citation says they were married. Further information available upon request. Jack D. DuBose, Conway, AR

Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier, CHILDS & PETERSON, PHILADELPHIA EXECUTOR, trusts. The word executor, taken in its largest sense, has several acceptations. a. Executor dativus, who is one called an administrator to an intestate. b. Executor testamentarius, or one appointed to the office by the last will of a testator, and this is what is usually meant by the term. In the civil law, the person who is appointed to perform the duties of an executor as to goods, is called haeres testamentarius; the term executor, it is said, is a barbarism unknown to that law.... An executor, as the term is at present accepted, is the person to whom the execution of a last will and testament of personal estate is, by the testator's appointment, confided, and who has accepted of the same.... Generally speaking, all persons who are capable of making wills may be executors, and some others beside, as infants and married women.... An executor is absolute or qualified; his appointment is absolute when he is constituted certainly, immediately, and without restriction in regard to the testator's effects, or limitation in point of time. It may be qualified by limitation as to the time or place wherein, or the subject matters whereon, the office is to be exercised; or the creation of the office may be conditional. It may be qualified. a. By limitations in point of time, for the time may be limited when the person appointed shall begin, or when he shall cease to be executor; as if a man be appointed executor upon the marriage of testator's daughter.... b. The appointment may be limited to a place; as, if one be appointed executor of all the testator's goods in the state of Pennsylvania. c. The power of the executor may be limited as to the subject matter upon which if is to be exercised; as, when a testator appoints A the executor of his goods and chattels in possession; B, of his choses in action. One may be appointed executor of one thing only, as of a particular claim or debt due by bond, and the like.... But although a testator may thus appoint separate executors of distinct parts of his property, and may divide their authority, yet quoad the creditors of the testator they are all executors, and act as one executor, and may be sued as one executor.... The appointment may be conditional, and the condition may be either precedent or subsequent.... An executor derives his interest in the estate of the deceased entirely from the will, and it vests in him from the moment of the testator's death.... He acquires an absolute legal title to the personalty by appointment, but nothing in the lands of the testator, except by devise. He can touch nothing which was not personal at the testator's decease, except by express direction.... Still his interest in the goods of the deceased is not that absolute, proper and ordinary interest, which every one has in his own proper goods. He is a mere trustee to apply the goods for such purposes as are sanctioned by law.... He represents the testator, and therefore may sue and recover all the claims he had at the time of his death and may be sued for all debts due by him.... By the common law, however, such debts as were not due by some writing could not be recovered against the executors of a deceased debtor. The remedy was only in conscience or by a quo minus in the exchequer. Afterwards an action on the case in banco regis was given.... The following are the principal duties of an executor: 1. Within a convenient time after the testator's death, to collect the goods of the deceased, provided he can do so peaceably; when he is resisted, he must apply to the law for redress. 2. To bury the deceased in a manner suitable to the estate he leaves behind him; and when there is just reason to believe he died insolvent, he is not warranted in expending more in funeral expenses (q.v.) than is absolutely necessary.... 3. The executor should prove the will in the proper office. 4. He should make an inventory (q.v.) of the goods of the intestate, which should be filed in the office. 5. He should ascertain the debts and credits of the estate, and endeavor to collect all claims with as little delay as possible, consistently with the interest of the estate. 6. He should advertise for debts and credits.... 7. He should reduce the whole of the goods, not specifically bequeathed into money, with all due expedition. 8. Keep the money of the estate safely, but not mixed with his own, or he may be charged interest on it. 9. Be at all times ready to account, and actually file an account within a year. 10. Pay the debts and legacies in the order required by law. Co-executors, however numerous, are considered, in law, as an individual person, and; consequently, the acts of any one of them, in respect of the administration of the assets, are deemed, generally, the acts of all.... On the death of one or more of several joint executors, their rights and powers survive to the survivors. When there are several executors and all die, the power is in common transferred to the executor of the last surviving executor, so that he is executor of the first testator; and the law is the same when a sole executor dies leaving an executor, the rights are vested in the latter. This rule has been changed, in Pennsylvania, and, perhaps, some other states, by legislative provision; there, in such case, administration cum testamento annexo must be obtained, the right does not survive to the executor of the executor.... In general, executors are not responsible for each other, and they have a right to settle separate accounts.... Executors may be classed into general and special; instituted and substituted; rightful and executor de son tort; and executor to the tenor. A general executor is one who is appointed to administer the whole estate, without any limit of time or place, or of the subject-matter. A special executor is one. who is appointed or constituted to administer either a part of the estate, or the whole for a limited time, or only in a particular place. An instituted executor is one who is appointed by the testator without any condition, and who has the first right of acting when there are substituted executors. An example will show the difference between an instituted and substituted executor: suppose a man makes his son his executor, but if he will not act, he appoints his brother, and if neither will act, his cousin; here the son is the instituted executor, in the first degree, the brother is said to be substituted in the second degree, and the cousin in the third degree, and so on.... A substituted executor is a person appointed executor, if another person who has been appointed refuses to act. A rightful executor is one lawfully appointed by the testator, by his will. Deriving his authority from the will, he may do most acts, before he obtains letters testamentary, but he must be possessed of them before. he can declare in action brought by him, as such.... An executor de son tort, or of his own wrong, is one, who, without lawful authority, undertakes to act as executor of a person deceased. To make an executor de son tort, the act of the party must be, 1. Unlawful. 2. By asserting ownership, as taking goods or cancelling a bond, and not committing a mere, trespass.... 3. An act done before probate of will, or granting letters of administration.... One may be executor de son tort when acting under a forged will, which has been set aside.... The law on this head seems to have been borrowed from the civil law doctrine of pro hoerede gestio.... He is, in general, held responsible for all his acts, when he does anything which might prejudice the estate, and receives no, advantage whatever in consequence of his assuming the office. He cannot sue a debtor of the estate, but may be sued generally as executor.... The usurpation of an office or character cannot confer the rights and privileges of it, although it may charge the usurper with the duties and obligations annexed to it. On this principle an executor de son tort is an executor only for the purpose of being sued, not for the purpose, of suing. In point of form, he is sued as if he were a rightful executor. He is not denominated in the declaration executor (de son tort) of his own wrong. It would be improper to allege that the deceased person with whose estate he has intermeddled died intestate. Nor can he be made a co-defendant with a rightful executor.... If he take out letters of administration, he is still liable to be sued as executor, and in general, it is better to sue him as executor than as administrator.... An executor to the tenor. This phrase is based in the ecclesiastical law, to denote a person who is not directly appointed by the will an executor, but who is charged with the duties which appertain to one; as, "I appoint A B to discharge all lawful demands against my will." ....

Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier CHILDS & PETERSON, PHILADELPHIA BOND, contract. An obligation or bond is a deed whereby the obligor, obliges himself, his heirs, executors and administrators, to pay a certain sum of money to another at a day appointed.... If this be all, the bond is called a single one, simplex obligatio; but there is generally a condition added, that if the obligor pays a smaller sum, or does, or omits to do some particular act, the obligation shall be void.... The word bond ex vi termini imports a sealed instrument.... It is proposed to consider: 1. The form of a bond, namely, the words by which it may be made, and the ceremonies required. 2. The condition. 3. The performance or discharge. 1. The form of a bond, namely, the words by which it may be made, and the ceremonies required. a. There must be parties to a bond, an obligor and obligee : for where a bond was made with condition that the obligor should pay twenty pounds to such person or persons; as E. H. should, by her last will and testament in writing, name and appoint the same to be paid, and E. H. did not appoint any person to whom the same should be paid, it was held that the money was not payable to the executors of E. H.... No particular form of words are essential to create an obligation, but any words which declare the intention of the parties, and denote that one is bound to the other, will be sufficient, provided the ceremonies mentioned below have been observed.... b. It must be in writing, on paper or parchment, and if it be made on other materials it is void.... c. It must be sealed, though it is not necessary that it should be mentioned in the writing that it is sealed.... d. It must be delivered by the party whose bond it is, to the other.... But the delivery and acceptance may be by attorney. The date is not considered of the substance of a deed, and therefore a bond which either has no date or an impossible one is still good, provided the real day of its being dated or given, that is, delivered, can be proved.... 2. The condition. The condition is either for the payment of money, or for the performance of something else. In the latter case, if the condition be against some rule of law merely, positively impossible at the time of making it, uncertain or insensible, the condition alone is void, and the bond shall stand single and unconditional; for it is the folly of the obligor to enter into such an obligation, from which he can never be released. If it be to do a thing malum in se, the obligation itself is void, the whole contract being unlawful.... 3. The performance or discharge. a. When, by the condition of an obligation, the act to be done to the obligee is of its own nature transitory, as payment of money, delivery of charters, or the like, and no time is limited, it ought to be performed in convenient time.... b. A payment before the day is good ... or before action brought.... c. If the condition be to do a thing within a certain time, it may be performed the last day of the time appointed.... d. If the condition be to do an act, without limiting any time, he who has the benefit may do it at what time he pleases.... e. When the place where the act to be performed is agreed upon, the party who is to perform it, is not obliged to seek the opposite party elsewhere; nor is he to whom it is to be performed bound to accept of the performance in another place.... f. For what amounts to a breach of a condition in a bond see Bac. Abr. Conditions, 0; Com. Dig. Conditions, M; and this Dict. tit. Breach.

Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier, CHILDS & PETERSON, PHILADELPHIA JUSTICES OF THE PEACE. Public officers invested with judicial powers for the purpose of preventing breaches of the peace, and bringing to punishment those who have violated the law. These officers, under the Constitution of the United States and some of the states, are appointed by the executive in others, they are elected by the people, and commissioned by the executive. In some states they hold their office during good behaviour, in others for a limited period. At common law, justices of the peace have a double power in relation to the arrest of wrong doers; when a felony or breach of the peace has been committed in their presence, they may personally arrest the offender, or command others to do so; and in order to prevent the riotous consequences of a tumultuous assembly, they may command others to arrest affrayers, when the affray has been committed in their presence. If a magistrate be not present when a crime is committed, before he can take a step to arrest the offender, an oath or affirmation must be made by some person cognizant of the fact that the offence has been committed, and that the person charged is the offender, or there is probable cause to believe that he has committed the offence. The Constitution of the United States directs, that "no warrants shall issue, but upon probable cause, supported by oath or affirmation." Amend. IV. After his arrest, the person charged is brought before the justice of the peace, and after bearing he is discharged, held to bail to answer to the complaint, or, for want of bail, committed to prison. In some, perhaps all the United States, justices of the peace have jurisdiction in civil cases, given to them by local regulations. In Pennsylvania, their jurisdiction in cases of contracts, express or implied, extends to one hundred dollars....

Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier, CHILDS & PETERSON, PHILADELPHIA JUS RELICTA, Scotch law. The right of a wife, after her husband's death, to a third of movables, if there be children; and to one-half, if there be none.

Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier, CHILDS & PETERSON, PHILADELPHIA JUS IN RE, property, title. The right which a man has in a thing by which it belongs to him. It is a complete and full right.... This phrase of the civil law conveys the same idea as thing, in possession does with us....