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Examination of executors and administrators.
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51. In all proceedings by civil bill by any legatee or next of kin for recovery of any legacy or distributive share as aforesaid, it shall and may be lawful for the plaintiff as such legatee or next of kin in such civil bill as aforesaid to examine such executor or administrator on oath in open court, if the court shall deem it necessary, in order to obtain a discovery of the estate and effects of the testator or intestate at the time of his or her decease, and the value thereof, and of his or her debts, funeral and testamentary expenses, and to obtain an admission that the defendant is the executor or administrator (as the case may be), and to ascertain all such facts of which a party suing as legatee or as next of kin in a court of equity is entitled to a discovery.
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