Изображения страниц
PDF
EPUB

remaining unadministered, shall be granted to those to whom
administration would have been granted if the original letters
had not been obtained, or the person obtaining them had
renounced the administration, and the administrator shall
perform the like duties and incur the like liabilities as the
former executors or administrators.
Sec. 41. If any administrator or executor die, resign,

. or his letters be revoked, he, or his legal representatives, be delivered to shall account for, pay and deliver to his successor, or to the surviving or remaining executor or administrator, all money, real and personal property of every kind, and all rights, credits, deeds, evidences of debt, and papers of every kind of the deceased, at such time and in such manner as the court shall order, on final settlement with such executor or administrator, or his legal representatives.

All property to

Successor

to

Failure to make Bettle.

SEC. 42. The succeeding administrator, or the remain

proceed against ing executor or administrator, may proceed at law against

delinquents. the delinquent and his securities, or either of them, or against any other person possessed of any part of the estate.

Sec. 43. If any exccutor or administrator, fail to make either annual or final settlement, as required by law, and do faents. not show good cause for such failure after citation, the probate court shall order the executor or a'lministrator, to give notice when required, and to make such settlement, and may enforce obedience to such order by attachment, or may revoke his letters.

Sec. 44. In all cases where citation or attachment may Pay costs. be issued against any executor or administrator for failing to settle his accounts, such delinquent shall pay all costs incurred thereby.

Sec. 45. The executor or administrator on the estate of any deceased member of a co-partnership, shall include in the inventory, which he is required by law to return to the probate court, th3 whole of the partnership estate, goods and chattels, rights and credits, appraised at its true value, as in other cases, but the appraisers shall carry out in the footing,

Estate of partners.

Surviving

partner.

Boud.

Farm of bond. SEC. 47. The condition of such bond shall be, in substance, as follows: "The condition of the above bond is, that if A. B. surviving partner of the late firm oi

shall use due diligence and' fidelity in closing the affairs of the late co-partnership, apply the property thereof towards the payment of the partnership debts, reuder an account, upon oath to the probate court, whenever by it thereunto required, of all the partnership affairs, including the property owned by the late firm, and the debts due thereto, as well as what may have been paid by the survivor towards the partnership debts, and what may still be due and owing therefor, and pay over, within one year, unless a longer time be allowed by the probate court, to the executor or administrator, the excess, if there be beyond satisfying the partnership debts, then the above bond to be void, otherwise to remain in full force."

Cited for negJect.

Neglect to bond.

an amount equal only to the deceased's proportional part of the co-partnership intere: t.

SEC. 46. The property thus appraised, shall remain with the executor or administrator, or be delivered over, as the case may be, to the surviving partner, who inay be disposed to undertake the management thereof, agreeably to the conditions of a bond, which he shall be required to give to the territory of Wyoming, in such sum, and with such securities as is required in other cases of administration.

ve

SEC. 48. The probate court shall have the same authority to cite such survivor to account, and to adjudicate upon such account, as in case of an ordinary administrator, and the parties interested shall have the like remedies, by means of such bond, for any misconduct or neglect of such survivor, as may be had against administrators.

SEC. 49. In case the surviving partner, having been duly cited for that purpose, shall neglect or refuse to give the bond required in the forty-sixth and forty-seventh sections of this title; the executor or administrator on the estate of such deceased partner, in giving a bond, as provided in the following sections, shall forthwith take the whole

Adininistrator

.

[ocr errors]

partnership estate, goods and chattels, rights, and credits, into his own possession, and shall be authorized to use the name of the survivor in collecting the debts due the late contiekio prosset firm, if necessary; and shall with the partnership property pay the debts due from the late firm, with as much expedition as possible, and return or pay to the surviving partner his proportion of the excess, if there be any.

Sec. 50. Before proceeding to administer upon such Bund. partnership property, as provided in the preceding section, such executor or administrator shall be required by the probate court to give further bond to its satisfaction, conditioned that he will faithfully execute that trust, with no unnecessary waste or expense, which bond

may

be enforced like other adıninistrativn bonds.

.

Surviving partner,

Sec. 51. Every surviving partner, on the demand of any [executor or] administrator of a deceased partner, shall for her. exhibit to the appraisers, the partnership property belonging to the firm at the time of the death of such deceased partner, for appraisement, and in case the adıninistration thereof shall devolve upon such executor or administrator, the said survivor shall surrender to him, on demand, all the property of such partnership, including their books and papers, and all necessary documents pertaining to the same, and shall afford him all reasonable information and facilities for the execution of his trust.

[ocr errors]

Conequenos of neglect.

Sec. 52. Every surviving partner who shall neglect or refuse to comply with the provisions of the preceding section, may be cited for such neglect or refusal before the probate court, and unless he comply with such provisions or show sufficient excuse for his omission, the probate court may commit him to the common jail of the county, there to reinain until he consent to comply or is discharged by due course of law. Or if there be no jail, then to the sheriff, , who shall keep him as other prisoners.

SEC. 53. When two or more persons are appointed B... vilt ar executors, the court in vacation may take a separate bond,

separate.

[blocks in formation]

with securities from each of them, or a joint bond, with securities from all of them.

SEC. 54. Letters testamentary and of administration shall in no case be granted to a non-resident of this territory and when an executor or administrator shall become a non-resident of the county in which such letters were granted, the probate court, having jurisdiction of the estate of the testator or intestate of such executor administrator, shall revoke his letters.

or

Of the Duties Respecting Money and Property.

SEC. 55. Every executor and administrator, immediately after receiving letters, shall collect and take into possession the goods, chattels, money, books, papers and evidences of debt, or of title to any real or personal estate, except the property reserved as the absolute property of the widow.

SEC. 56. He shall make an inventory of all the real and personal estate of the deceased, describing the quantity, situation and title of the real estate, also the books and papers, the debts due, or to become due, to the deceased, the names of debtors, the date of contract, the amount of interest then due thereon, the rate of interest, and such further description as will render it a perfect inventory of the estate.

SEC. 57. He shall annex to the inventory an affidavit, stating that it is a full inventory and description of all the money, goods, chattels and estate, real and personal, books, papers and evidences of debt and of title of the deceased, and of all debts due and becoming due, so far as he can ascertain them, except the property reserved as the absolute property of the widow, and that he was not indebted or bound in any contract to the deceased at the time of his death, except as stated in the inventory.

SEC. 58. The inventory, with the affidavit, shall be filed in the office of the judge of the probate court within twenty days after the letters are granted.

Additional in

SEC. 59. If, after making the first inventory, any other real or personal estate of the deceased, come to his ventory. possession or knowledge, he shall file a similar additional inventory thereof.

SEC. 60. At the time of appointing an administrator, or of granting letters testamentary to an executor, the court shall name two respectable house-holders of the vicinity of the last abode of the deceased, who are disinterested and of no kin to the administrator or executor, as witnesses to accompany and aid the administrator or executor in opening and examining the papers and money of the deceased, and in making an inventory thereof; and if they fail to attend, the court shall appoint others in their stead, so that two witnesses shall be present to attend the proceeding, before it shall be lawful for any executor or administrator to open or examine such papers or money, by virtue of his appointment.

SEC. 61. The probate court shall allow such witnesses a compensation for such duties, not exceeding that allowed to appraisers.

SEC. 62. If any administrator or executor open or examine the papers or money of the deceased, without the publicity and attestation provided in this title, he shall forfeit and pay to the persons entitled to the estate, a sum not exceeding five thousand dollars, to be recovered before the probate court.

Witnesses.

inter

Compensation.

Forfeit.

SEC. 63. If the executor or administrator, or other Embezzlement. person interested in any estate, file an affidavit in the probate court, stating that the affiant has good cause to believe, and does believe, that any person has concealed or embezzled any goods, chattels, moneys, books, papers or evidences of debt of the deceased, the probate court may cite such person to appear before them, and compel such appearance by attachment, and examine him and other witnesses on oath, for the discovery of the same.

SEC. 64. If any person refuse to answer proper

Refusal to an

swer.

« ПредыдущаяПродолжить »