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Executor of executor not to administer.
Seperate or joint bonds may be taken.
every trust required and allowed by the will, and their acts shall be as valid and effectual for every purpose, as if all were authorized, and should act together; and Administrators with the will annexed, shall have the same authority to perform every act, and discharge every trust, as the executor named in the will would have had, and their acts shall be as valid and effectual for every purpose.
(2875.) SEC. 12. The executor of an executor shall not, as such, have any authority to administer the estate of the first testator; but, on the death of the only surviving executor of any will, administration of the estate of the first testator, not already administered, may be granted with the will annexed, to such person as the Probate Court may judge proper.
(2876.) SEC. 13. When two or more persons shall be appointed executors of any will, the Judge of Probate may take a separate bond from each of them with sureties, or a joint bond from all of them with sureties.
2877. Application and Distribution of Estates.
2882. Duties of Special Administrator.
2883. Special Administrator not to pay debts.
2889. Marriage of Administratrix extinguishes her authority.
2890. When remaining Administrator to execute Trust.
2891. Powers of Administrator de bonis non. 2892. Administration to be revoked on proving
2893. Powers of Executor in such case.
2894. Acts of Executor, etc., before revocation cf Letters valid.
2895. Administrators may give Joint or Several Bonds.
2896. Notice of application for appointment of Executor, etc.
2897. How Probate and certain other Legal notices to be published.
Chapter Seventy of Revised Statutes of 1846.
d-tribution of es
(2877.) SECTION 1. When any person shall die possessed of Appleation and any personal estate, or of any right or interest therein notas. lawfully disposed of by his last will, the same shall be applied and distributed as follows:
1. The widow, if any, shall be allowed all her articles of apparel and ornament, and all the wearing apparel and ornaments of the deceased, the household furniture of the deceased, not exceeding in value two hundred and fifty dollars; and other personal property to be selected by her, not exceeding in value two hundred dollars; and this allowance shall be made as well when the widow waives the provision made for her in the will of her husband, as when he dies intestate;
2. The widow and children, constituting the family of the 1842, p. 13. deceased, shall have such reasonable allowance out of the personal estate, as the Probate Court shall judge necessary for their maintenance during the progress of the settlement of the estate, according to their circumstances; which, in case of an insolvent estate, shall not be longer than one year after granting administration, nor for any time after the dower and personal estate shall be assigned to the widow;
3. When a person shall die, leaving children under seven years of age, having no mother, or when the mother shall die before the children shall arrive at the age of seven years, an allowance shall be made for the necessary maintenance of such children, until they arrive at the age of seven years, out of such part of the personal estate, and the income of such part of the real estate, as would have been assigned to their mother if she had been living;
4. If, on the return of the inventory of any intestate estate, it shall appear that the value of the whole estate does not exceed the sum of one hundred and fifty dollars, the Probate Court may, by a decree for that purpose, assign, for the use and support of the widow and children of such intestate, or for the support of the children under seven years of age, if there be no widow, the whole of such estate, after the payment of the funeral charges, and expenses of administration;
5. If the personal estate shall amount to more than one hundred and fifty dollars, and more than the allowances mentioned in the preceding subdivisions of this section, the same shall be applied to the payment of the debts of the deceased, with the charges of his funeral and of settling his estate;
What Probate Court to have jurisdiction.
6. The residue, if any, of the personal estate shall be distributed in the same proportions, and to the same persons, and for the same purposes, as prescribed for the descent and disposition of the real estate, except that the widow, if any, shall be entitled to receive the same share of such residue, as a child of such intestate would be entitled to.
(2878.) SEC. 2. When any person shall die intestate, being an inhabitant of this State, letters of administration of his estate shall be granted by the Probate Court of the county of which he was an inhabitant or resident, at the time of his death; if such deceased person, at the time of his death, reside in any other State or country, leaving estate to be administered in this State, administration thereof shall be granted by the Probate Court of any county in which there shall be 5 Pick., 20, 370, estate to be administered; and the administration first legally granted shall extend to all the estate of the deceased in this State, and shall exclude the jurisdiction of the Probate Court of every other county.
Who entitled to Letters of Administration.
Bond to be given
(2879.) SEC. 3. Administration of the estate of a person. dying intestate, shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled to the same, in the following order:
1. The widow or next of kin, or both, as the Judge of Probate may think proper, or such person as the widow or next of kin may request to have appointed, if suitable and competent to discharge the trust;
2. If the widow or next of kin, or the person selected by them, shall be unsuitable or incompetent, or if the widow or next of kin shall neglect, for thirty days after the death of the intestate, to apply for administration, or to request that administration be granted to some other person, the same may be granted to one or more of the principal creditors, if any such are competent and willing to take it;
3. If there be no such creditor competent and willing to take administration, the same may be committed to such other person or persons as the Judge of Probate may think proper.
(2880.) SEC. 4. Every Administrator, before he enters upon the execution of his trust, and before letters of administration shall be granted to him, shall give a bond to the Judge of Probate, with such surety or sureties as he shall direct and approve, with the same conditions as required in the case of an executor, with such variations only as may be necessary to make it applicable to the case of an Administrator.
(2881.) SEC. 5. When there shall be a delay in granting When special Adletters testamentary or of administration, occasioned by an be appointed. appeal from the allowance or disallowance of a will, or from any other cause, the Judge of Probate may appoint an Administrator to act in collecting and taking charge of the estate of the deceased, until the question on the allowance of the will, or such other question as shall occasion the delay, shall be terminated, and an executor or Administrator be thereupon appointed; and no appeal shall be allowed from the appointment of such special Administrator.
(2882.) SEC. 6. An Administrator, appointed according to the Duties of special provisions of the preceding section, shall collect all the goods," chattels and debts of the deceased, and preserve the same for the executor or Administrator who may afterwards be appointed, and for that purpose may commence and maintain suits as an Administrator, and may sell such perishable and other personal estate as the Probate Court may order to be sold.
(2883.) SEC. 7. Such special Administrator shall not be liable Not to pay debts, to an action by any creditor, or to be called upon in any other way to pay the debts against the deceased.
by special Ad
(2884.) SEC. 8. Every such special Administrator shall, before Bond to be given entering upon the duties of his trust, give a bond to the Judge ministrator. of Probate as he shall direct, with a condition that he will make and return a true inventory of all the goods, chattels, rights, credits and effects of the deceased which shall come to his possession or knowledge, and that he will truly account for all the goods, chattels, debts and effects of the deceased which shall be received by him, whenever required by the Probate Court, and will deliver the same to the person who shall afterwards be appointed executor or Administrator of the deceased, or to such other person as shall be legally authorized to receive the same.
to cease, etc.
(2885.) SEC. 9. Upon granting letters testamentary or of When his powers administration on the estate of the deceased, the power of such special Administrator shall cease; and he shall forthwith deliver to the executor or Administrator, all the goods, chattels, money and effects of the deceased in his hands; and the executor or Administrator may be admitted to prosecute to final judgment any suit commenced by such special Administrator.
(2886.) SEC. 10. If any person, before the granting of letters Liability of pertestamentary or of administration, shall embezzle or alienate or alienating any of the moneys, goods, chattels or effects of any deceased fore Letters gran
goods, etc., be
Administration with the Will an
granted on death
person, such person shall stand chargeable and be liable to the action of the executor or Administrator of such estate, for double the value of the property so embezzled or alienated, to be recovered for the benefit of such estate.
(2887.) SEC. 11. When any sole executor or Administrator nexed, to be shall die, without having fully administered the estate, the of sole Executor. Probate Court may grant letters of administration with the will annexed, or otherwise, as the case may require, to some suitable person, to administer the goods and estate of the deceased, not already administered.
When Administrator to be removed.
(2888.) SEC. 12. If an Adininistrator shall reside out of this State, or shall neglect, after due notice by the Judge of Probate, to render his account and settle the estate according to law, or to perform any decree of such Court, or shall abscond or become insane, or otherwise unsuitable or incapable to discharge the trust, the Probate Court may, by an order therefor, remove such Administrator, and every executor and When allowed to Administrator, upon his request, may be allowed to resign his trust, when it shall appear to the Judge of Probate proper to allow the same: Provided, Such executor or Administrator shall, prior, and up to the time of his resignation, settle and adjust his accounts with the estate of which he may be executor or Administrator: Provided, further, That the sureties of such executor or Administrator shall not be released from liability until such executor or Administrator shall have fully settled and adjusted his accounts as aforesaid. (a)
Marriage of Administratrix ex
Administrator to execute trust.
(2889.) SEC. 13. When an unmarried woman, who is Admintinguishes heristratrix, alone or jointly with another person, shall marry, her marriage shall extinguish her authority as Administratrix. When remaining (2890.) SEC. 14. When an Administrator shall be removed, or his authority shall be extinguished, the remaining Administrator, if any, may execute the trust; if there shall be no other, the Court of Probate may commit administration of the estate not already administered to some suitable person, as in case of the death of a sole Administrator.
Powers, etc., of
(2891.) SEC. 15. An Administrator, appointed in the place of any former executor or Administrator, for the purpose of administering the estate not already administered, shall have the same powers, and shall proceed in settling the estate in the same manner, as the former executor or Administrator
(a) As Amended by Act 20, of 1950. Laws of 1850, p. 16.