vacant, and upon the certificate of the county judge of such fact, the governor shall fill such vacancy as aforesaid. [Official bonds," ch. 103, § 4, 13. R. S. 1845, p. 548, § 60.

48. WHERE THERE IS A WIDOW, ETC.-LETTERS REVOKED.] § 48. Whenever administration is granted to any public administrator, and it shall afterwards appear that there is a widow or next of kin, or creditor of the deceased, entitled to the preference of administration by this act, it shall be the duty of the county court to revoke the letters granted to such public administrator, and to grant the same to such widow, next of kin or creditor, as is entitled thereto: Provided, application is made by such person, within six months after letters were granted to the public administrator; saving to such administrator, in all cases, all such sums of money on account of commissions or expenses as are due to, or incurred by him. in the management of said estate. [R. S. 1845, p. 548, § 61.

49. DISPOSITION OF UNCLAIMED ESTATE.] § 49. If any balance of any such intestate estate as may, at any time, be committed to any public administrator, shall remain in the hands of such administrator, after all just debts and charges against such estate, which have come to the knowledge of such public administrator within two years after the administration of such estate was committed to him, are fully paid, such administrator shall cause the amount thereof, with the name of the intestate, the time and place of his decease, to be published in some newspaper published in his county, or if no newspaper is published in his county, then in the nearest newspaper published in this state, for eight weeks successively, notifying all persons having claims or demands against such estate to exhibit the same, together with the evidence in support thereof, before the county court of the proper county, within six months after the date of such notice, or that the same will be forever barred; and if no such claim is presented for payment or distribution within the said time of six months, such balance shall be paid into the treasury of said county; and the county shall be answerable for the same, without interest, to such persons as shall thereafter appear to be legally entitled, on order of the county court, to the same, if any such shall ever appear. 1845, p. 548, § 62.

[R. S.

50. WHEN PUBLIC ADMINISTRATOR TO PROTECT ESTATE.] § 50. Upon the death of any person intestate, not leaving a widow, or next of kin, or creditor, within this state, the public administrator of the county wherein such person may have died, or when the decedent is a non-resident, the public administrator of the county wherein the goods and chattels, rights and credits of such decedent shall be, may take such measures as he may deem proper to protect and secure the ef fects of such intestate from waste or embezzlement, until administration thereon is granted to the person entitled thereto-the expenses whereof shall be paid to such public administrator, upon the allowance of the county court, in preference to all other demands against such estate, funeral expenses excepted. [R. S. 1845, p. 549, § 63.

INVENTORIES AND APPRAISEMENT.

51. INVENTORY.] § 51. Whenever letters testamentary, of administration, or of collection are granted, the executor or administrator shall make out a full and perfect inventory of all such real and personal estate, or the proceeds thereof, as are committed to his superintendence and management, and as shall come to his hands, possession or knowledge, describing the quantity, situation and title of the real estate, and particularly specifying the nature and amount of all annuities, rents, goods, chattels, rights and credits and money on hand, and whether the credits are good, doubtful or desperate; which said inventory shall be returned to the office of clerk of the county court, within three months from the date of the letters testamentary or of administration. [See § 122. R. S. 1845, p. 554, § 81.

52. SUPPLEMENTARY INVENTORY.] § 52. If, after making the first inventory, any real or personal estate of the deceased comes to his possession or knowledge, he shall file a similar additional inventory thereof. [R.S. 1845, p. 555, § 86.

53. WARRANT OF APPRAISAL-FORM-DEATH, ETC.] § 53. On granting letters testamentary, or of administration, a warrant shall issue, under the seal of the county court, authorizing three persons of discretion, not related to the deceased nor interested in the administration of the estate, to appraise the goods, chattels and personal estate of the deceased, known to them or to be shown by the executor or administrator; which warrant shall be in the following form, towit:

The People of the State of Illinois, to A B, C D and E F, of the county of. and State of Illinois-GREETING : This is to authorize you, jointly, to appraise the goods, chattels and personal estate of J K, late of the county of and state of Illinois, deceased, so far as the same shall come to your sight and knowledge-each of you having first taken the oath (or affirmation) hereto annexed, a certificate whereof you are to return, annexed to an appraisement bill of said goods, chattels and personal estate by you appraised, in dollars and cents; and in the said bill of appraisement you are to set down, in a column or columns, opposite to each article appraised, the value thereof. . county, and the seal of said court, this

of

Witness: A B, clerk of the county court of

[L. S.]

18....

A B, Clerk.

day

And on the death, refusal to act, or neglect of any such appraiser, another may be appointed in his place. [R. S. 1845, p. 554, § 82.

54. OATH-APPRAISAL.] § 54. The appraisers, before they proceed to the appraisement of the estate, shall take and subscribe the following oath, (or affirmation,) to be annexed or indorsed on the said warrant, before any person authorized to administer an oath, viz:

We, and each of us, do solemnly swear (or affirm) that we will well and truly, without partiality or prejudice, value and appraise the goods, chattels and personal estate of J K, deceased, so far as the same shall come to our sight and knowledge; and that we will, in all respects, perform our duties as appraisers to the best of our skill and judgment.

After which, the said appraisers shall proceed, as soon as conveniently may be, to the discharge of their duty, and shall set down each article, with the value thereof in dollars and cents, as aforesaid. All the valuations shall be set down on the right hand side of the paper, in one or more columns, in figures, opposite to the respective articles of property, and the contents of each column shall be cast up and set at the foot of the respective columns. [R. S. 1845, p. 554, § 83.

55. RETURN OF APPRAISAL.] § 55. When the bill of appraisement is completed, the appraisers shall certify the same under their hands and seals, and shall deliver the same into the hands of the executor or administrator, to be by him returned into the office of the clerk of the county court, within three months from the date of his letters. [R. S. 1845, p. 554, § 84.

56. INVENTORIES, ETC., EVIDENCE.] § 56. Inventories and bills of appraisement and authenticated copies thereof, may be given in evidence in any suit by or against the executor or administrator, but shall not be conclusive for or against him, if any other testimony be given that the estate was really worth, or was bona fide sold for more or less than the appraised value thereof. [R. S. 1845, p. 555, § 85.

57. FURTHER APPRAISAL.] § 57. Whenever personal property of any kind, or assets, shall come to the possession or knowledge of any executor or administrator, which are not included in the first bill of appraisement as aforesaid, the same shall be appraised, and return thereof made to the office of the clerk of the county court in like manner, within three months after discovery of the same. [R. S. 1845, p. 555, § 86.

58. LIABILITIES OF EXECUTORS, ETC.] § 58. Executors and administrators shall be chargeable with so much of the estate of the decedent, personal or real, as they, after due and proper diligence, might or shall receive. [R. S. 1845, p. 556, § 92.

59. COMPENSATION.] § 59. Every appraiser appointed under this act shall be entitled to the sum of $2 per day for each day's necessary attendance in making all such appraisements, to be allowed by the county court, and paid upon its order by the executor or administrator. [R. S. 1845, p 555, § 87.

WHEN ASSETS DO NOT EXCEED WIDOW'S ALLOWANCE-NEW ASSETS.] If the administrator or executor of an estate discovers, at any time after an inventory and appraisement of the property is made, that the personal property and assets

of the estate do not exceed the amount of the widow's allowance, after deducting the necessary expenses incurred, such administrator or executor shall report the facts to the court, and if the court finds the report to be true, he shall order said property and assets to be delivered to the widow by the administrator or executor, and discharge the executor or administrator from further duty; but such exécutor or administrator shall first pay out of the property and assets the costs and expenses of administration. After the court orders the delivery of such property and assets to the widow, the clerk of said court shall make and deliver to her a certified copy of the order, under seal, which shall vest her with complete title to said property and assets, and enable her to sue for and recover the same in her own name and for her own use. Such widow shall not be liable for any of decedent's debts or liabilities, excepting the funeral expenses of the deceased. If, upon affidavit being filed with the clerk of said court, that such administrator or executor fails or refuses to report in any case provided for in this section, the court may order a citation and attachment to issue as in other cases of a failure of administrators to report. And on a discovery of new assets, administration may be granted as in other cases, and charged to the account of the estate. See § 74, 75.

CLAIMS AGAINST ESTATES.

60. NOTICE-ADJUSTMENT.] § 60. Every administrator or executor shall fix upon a term of the court, within six months from the time of his being qualified as such administrator or executor, for the adjustment of all claims against such decedent, and give notice thereof in some public newspaper published in the county, or if no newspaper is published in the county, then in the nearest newspaper in this state, and also, by putting up a written or printed notice on the door of the court house, and in five other of the most public places in the county, notifying and requesting all persons having claims against such estate to attend at said term of the court for the purpose of having the same adjusted, (said notice to be given at least six weeks previous to said term,) when and where such claimant shall produce his claim, in writing; and if no objection is made to said claim by the executor, administrator, widow, heirs or others interested in said estate, and the claimant swears that such claim is just and unpaid, after allowing all just credits, the court may allow such claim without further evidence, but if objection is made to such claim, the same shall not be allowed without other sufficient evidence. The court may allow either party further time to produce evidence in his favor, and the case shall be tried and determined as other suits at law. Either party may demand a jury of either six or twelve men, to try the issue, and it shall be the duty of the county clerk, when a jury is demanded, to issue a venire to the sheriff of the county to summons a jury, to be composed of the number demanded. [See § 122. R. S. 1845, p. 556, § 95; L. 1859, p. 95, § 12.

61. CLAIMS AFTERWARDS PRESENTED--PROCESS. § 61. Whoever has a claim against an estate, and fails to present the same for adjustment at the term of court selected by the executor or administrator, may file a copy thereof with the clerk of the court; whereupon, unless the executor or administrator will waive the issuing of process, the clerk shall issue a summons, directed to the sheriff of the county, requiring such executor or administrator to appear and defend such claim at a term of the court therein specified, which summons, when served, shall be sufficient notice to the executor or administrator of the presentation of such claim. [See § 128. L. 1859, p. 93, § 3.

62. SERVICE-CONTINUANCE. § 62. If the summons is not served ten days before the first day of the term to which it is returnable, the cause shall be continued until the next term of the court, unless the parties shall, by consent, proceed to trial at the return term. [L. 1859, p. 93, § 3.

63. TRIAL-COSTS. § 63. Upon the trial of such cause, the same proceedings may be had as if the claim had been presented at the time fixed for the adjustment of claims against the estate, but the estate shall not be answerable for the cost of such proceeding: Provided, that when defense is made the court

may, if it shall deem just, order the whole or some part of the costs occasioned by such defense, to be paid out of the estate.

64. OATH OF CLAIMANT MAY BE REQUIRED.] § 64. The court may, in its discretion in any case, before giving judgment against any executor or administrator, require the claimant to make oath that such claim is just and unpaid: Provided, that the amount of such judgment shall not in such case be increased upon the testimony of the claimant. [R. S. 1845, p. 561, § 119.

65. EVIDENCE.] § 65. A judgment regularly obtained, or a copy thereof duly certified and filed with the court, shall be taken as duly proven; and all instruments in writing, signed by the testator or intestate, if the hand-writing is proven and nothing is shown to the contrary, shall be deemed duly proved.

66. DEMAND AGAINST CLAIMANT.] § 66. When a claim is filed, or suit brought, against an executor or administrator, and it appears on trial that such claimant or plaintiff is indebted to such executor or administrator, the court may give judgment therefor, and execution may issue thereon in favor of the executor or administrator.

67. CLAIMS NOT DUE.] § 67. Any creditor, whose debt or claim against the estate is not due, may, nevertheless, present the same for allowance and settlement, and shall, thereupon, be considered as a creditor under this act, and shall receive a dividend of the said decedent's estate, after deducting a rebate of interest for what he shall receive on such debt, to be computed from the time of the allowance thereof to the time such debt would have become due, according to the tenor and effect, of the contract. [R. S. 1845, p. 558, § 100.

68. APPEALS.] § 68. In all cases of the allowance or rejection of claims by the county court, as provided in this act, either party may take an appeal from the decision rendered to the circuit court of the same county, in the same time and manner appeals are now taken from justices of the peace to the circuit courts, by appellant giving good and sufficient bond, with security, to be approved by the county judge; and such appeals shall be tried de novo in the circuit court. [See § 123. R. S. 1845, p. 564, § 138.

69. WHEN JUDGE INTERESTED.] § 69. In all cases or matters, pending in the county court, where the judge of that court shall be interested in the same, or is a material and necessary witness, the case shall be transmitted to the circuit court of the proper county, and there determined as in the county court; and the papers, with the order or judgment of the circuit court thereon, shall be duly certified and filed in the county court, and have the same effect as if determined in the county court. [See "Courts," ch. 37, § 179.

70. DEMAND CLASSIFIED-LIMITATION.] § 70. All demands against the estate of any testator or intestate shall be divided into classes, in manner following, to-wit:

First-Funeral expenses.

Second-The widow's award, if there is a widow; or children if there are children, and no widow.

Third-Expenses attending the last illness, not including physician's bill. Fourth-Debts due the common school or township fund. [See "Schools," ch. 122, § 60.

Fifth-All expenses of proving the will, and taking out letters testamentary or of administration, and settlement of the estate, and the physician's bill, in the last

illness of the deceased.

his

Sixth-Where the decedent has received money in trust for any purpose, executor or adminstrator shall pay out of his estate the amount thus received and not accounted for.

Seventh-All other debts and demands, of whatsoever kind, without regard to quality or dignity, which shall be exhibited to the court within two years from the granting of letters, as aforesaid, and all demands not exhibited within two years, as aforesaid, shall be forever barred, unless the creditors shall find other estate of the deceased, not inventoried or accounted for by the executor or administrator, in which case their claims shall be paid pro rata out of such subsequently dis

covered estate, saving, however, to femes covert, infants, persons of unsound mind, or imprisoned, or without the United States in the employment of the United States, or of this state, the term of two years after their respective disabilities are removed, to exhibit their claims. [R. S. 1845, p. 561, § 115.

71. MANNER OF PAYMENT.] § 71. All claims against estates, when allowed by the county court, shall be classed and paid by the executor or administrator, in the manner provided in this act, commencing with the first class; and when the estate is insufficient to pay the whole of the demands, the demands in any one class shall be paid, pro rata, whether the same are due by judgment, writing obligatory, or otherwise, except as otherwise provided. [R. S. 1845, p. 561, § 120. 72. DEMANDS OF EXECUTOR, ETC.] § 72. When an executor or administrator has a demand against his testator or intestate's estate, he shall file his demand as other persons; and the court shall appoint some discreet person to appear and defend for the estate, and, upon the hearing, the court or jury shall allow such demand, or such part thereof as is legally established, or reject the same, as shall appear just. Should any executor or administrator appeal in such case, the court shall appoint some person to defend as aforesaid. [R. S. 1845, p. 561, § 121.

73. ENTRIES-CLASSING-PAYMENT BEFORE ALLOWANCE.] § 73. The county court shall make an entry of all demands against estates, classing the same as above provided, and file and preserve the papers belonging to the same. If an executor or administrator pays a claim before the same is allowed as aforesaid, said court shall require such executor or administrator to establish the validity of such claim by the like evidence as is required in other cases, before the same is classed, and be [he] credited therewith. [R. S. 1845, p. 562, § 122.

AWARD TO WIDOW OR CHILDREN.

74. WIDOW'S AWARD.] § 74. The widow, residing in this state, of a deceased husband whose estate is administered in this state, whether her husband died testate or intestate, shall, in all cases, in exclusion of debts, claims, charges, legacies and bequests, except funeral expenses, be allowed, as her sole and exclusive property forever, the following, to-wit:

First-The family pictures and the wearing apparel, jewels and ornaments of herself and her minor children.

Second-School books and family library of the value of $100.

Third-One sewing machine.

Fourth-Necessary beds, bedsteads and bedding for herself and family.

Fifth-The stoves and pipe used in the family, with the necessary cooking utensils; or, in case they have none, $50. in money.

Sixth-Household and kitchen furniture to the value $100.

Seventh-One milch cow and calf for every four members of her family.

Eighth-Two sheep for each member of her family, and the fleeces taken from the same, and one horse, saddle and bridle.

Ninth-Provisions for herself and family for one year.

Tenth-Food for the stock above specified, for six months.
Eleventh-Fuel for herself and family for three months.

Twelfth $100. worth of other property suited to her condition in life, to be selected by the widow.

Which shall be known as the widow's award; or the widow may, if she elect, take and receive, in lieu of the foregoing, the same personal property, or money in place thereof, as is or may be exempt from execution or attachment against the head of a family residing with the same. [See "Exemptions," ch. 52, § 13. L. 1847, p. 168, § 1.

75. APPRAISAL SELECTION-PENALTY.] § 75 The appraisers shall make out and certify to the county court an estimate of the value of each of the several items of property allowed to the widow; and it shall be lawful for the widow to elect whether she will take the specific articles set apart to her, or take the amount thereof out of other personal property at the appraised value thereof, or