rogatories, the court may commit him to jail until he answer or be discharged by due course of law. SEC. 65. If any person charged and cited as aforesaid, shall appeas, and in his answers to the interrogatories, denying the right of the executor or administrator to such goods, chattels, moneys, books, papers or evidences of debt, the right thereof shall be tried by a jury, or if neither party require a jury, by the court in a summary manner, and judgment shall be rendered according to the right, and for costs. SEC. 66. If any person be convicted of unlawfully detaining such goods, chattels, money or effects, books, papers or evidences of debt, the court may compel thedelivery thereof by attachment. SEC. 67. After having collected the personal estate, the executor or administrator shall cause the same to be appraised by three disinterested householders of the county. SEC. 68. Before entering on their duties, the appraisers shall make an affidavit, stating that they are not interested, nor of kin to any person interested in the estate, as heir or devisee, and that they will, to the best of their ability, view and appraise the present estate to them produced. SEC. 69. The appraisers shall view and appraise such property, and make a list specifying each article appraised, its value and total amount of the appraisement, which shall be signed by the appraisers or two of them. SEC. 70. The appraisement and affidavit shall be filed in the office of the judge of the probate court, within thirty days after letters granted. SEC. 71. Each appraiser shall receive from the estate three dollars per day for his attendance. SEC. 72. Every executor or administrator shall cause similar appraisments to be filed of all personal estate, which shall come to his possession after the first appraisement. SEC. 73. Inventories and appraisements may be given in evidence, but shall not be conclusive for or against any executor or administrator, but other evidence may be introduced to vary the effect thereof. thirty days. SEC. 74. Within thirty days after letters are granted, Notice within the executor or administrator shall publish in some newspaper in the county, and if there be no newspaper published in the county, then in some newspaper of general circulation in the territory, and publish therein for three weeks, a notice that letters testamentary or of administration have been granted to him, stating the date and requiring all persons having claims against the estate, to exhibit them for allowance to the executor or administrator within six months after the date of the letters, or they may be precluded from any benefit of such estate; and that if such claims be not exhibited within one year from the date of the letter, they shall be forever debarred. SEC. 75. When an estate has left no known heirs, the administrator shall also publish a notice for six weeks in some newspaper, containing the name of the intestate, a description of his person, the time and place of his death, the place of his nativity, if known, and the appraised amount of his estate. SEC. 76. Executors and administrators shall collect all money and debts of every kind due to the deceased, and give receipts and discharges therefor, and shall commence and prosecute all actions which may be maintained and are necessary in the course of his administration, and defend all such as are brought against him. Claims to be exhibited within one year. No know heirs. Collect money and debts. Prosecute and defends Action com SEC. 77. They shall prosecute and defend all actions commenced by or against the deceased, at the time of his menced at time death, and which might have been prosecuted or maintained by or against such executor or administrator. of death. Actions against SEC. 78. For all wrongs done to the property, rights or interests of another, for which an action might be main- wrong doers tained against the wrong doer, such action may be brought by the person injured, or, after his death, by his executor or administrator against such wrong doer, and after his death, against his executors or administrators, in the same Not to extend to actions libel, &c. Debts. Debtor made executor. for Absolute property of widow. Absolute property not liable to Bale. Perishable goods to be sold. manner and with like effect, in all respects as actions founded upon contracts. SEC. 79. The preceding section shall not extend to actions for slander, libel, assault and battery, or false imprisonment, nor to actions on the case for injuries to the person of the plaintiff, or to the person of the testator or intestate of any executor or administrator. SEC. 80. All debts due by an administrator to his testator or intestate, shall be considered as assets in his hands. SEC. 81. If any person appoint his debtor executor of his will, such appointment shall not discharge the debt, but it shall be assets in his hands. SEC. 82. In addition to her portion of her deceased hnsband's estate, the widow shall be allowed to keep absolutely, for the use of herself and family, all the wearing apparel of the family, her wheels, looms, and other implements of industry; all yarn, cloth, meat, vegetables, groceries, and other provisions on hand, and provided and necessary for the subsistance of the widow and her family for twelve months, and as many beds, with bedding, as shall be necessary for herself and the family of the deceased residing with her and under her control, of which an inventory shall be made by the executor or administrator, and filed in the probate court. SEC. 83. The widow shall apply for such property named in the preceding section, before the same be distributed or sold, and the property so delivered, shall in case be liable for the payment of the debts of the deceased. SEC. 84. Every executor or administrator, after the appraisement, shall sell at public sale, all goods and chattels of the deceased that are liable to perish, be consumed or rendered worse by the keeping, except such as are reserved by the widow, giving such credit as he may think best, subject to approval of the probate court, and take bonds or notes, with good security of the purchaser. sold. SEC. 85. If the perishable goods be not sufficient to pay Personal estate the debts, the executor or administrator shall, in the same manner sell other personal estate, until the debts and legacies be all paid; but specified legacies shall not be sold in any case, unless it be necessary for the payment of the debts. notes, &c. SEC. 86. Executors and administrators may assign the Assignment of notes and bonds of the estate to creditors, legatees and distributors, in discharge of such an amount of their elaims equal to the amount of such bond or note. SEC. 87. They shall give notice of the time and place Notice of sale. of sale for three weeks, in some newspaper in the county, or by hand bills, put up in eight public places in the county where the sale is made. SEC. 88. If any testator directs his estate not to be sold, the same shall be reserved, unless such sale be necessary for the payment of debts. : When not to be. sold. SEC. 89. When there are no known heirs or legal No heirs, &c. representatives, the administrator shall sell all personal estate of the deceased, within one year after administration is granted. SEC. 90. If any executor or administrator apply to the probate court for permission to sell the personal estate of the deceased, or any part thereof, at private sale, and the court be satisfied that such sale would not be prejudicial to the persons interested in the estate, it may order such sale and prescribe the terms thereof. SEC. 91. In every public sale, the exccutor or administrator, shall employ a competent clerk, not interested nor of kin to any heir or devisee of the estate. SEC. 92. Such clerk shall keep a true account of the sales made, make a list of sales, specifying each article sold, the price and name of the purchaser, and shall annex his affidavit to such list, stating that the same is a true account of the sales made by such executor or administrator, at the time specified. Sale on appli cation. Shall employ clerk, Duties of clerk Bill shall b SEC. 93. Such sale bill shall be filed by the executor fled. Lease. Repairs. To compel delinquents. Indispensable labor. Purther labor. Interest. Testimony. or administrator in the office of the judge of the probate SEC. 94. Executors and administrators, under the SEC. 95. When any house, out building, fence or cause the SEC. 96. At every term the probate court shall examine all inventories, appraisements and sale bills filed since the last term, to see if they have been made and filed according to law, and shall issue citations to compel all delinquents to comply with the law. SEC. 97. If a person die leaving horses or other stock that require attention, crops ungathered, property so exposed as to be in danger of loss in value, or work in an unfinished state, so that the estate would suffer material loss from the want of care and additional labor, the executor or administrator may, until the meeting of the probate court, procure such indispensable labor to be performed on the most reasonable terms. SEC. 98. The probate court, on the application of any person interested, may, in such cases, authorize further labor to be performed, as the interest of the estate requires, and all sums thus paid, if approved by the court, shall be allowed as expenses of administration. SEC. 99. All interest received by executors or administrators on debts due to the deceased, shall be assets in their hands, and if they lend the money of the deceased, or use it for their private purposes, they shall pay interest thereon to the estate. SEC. 100. The probate court shall exercise an equitable control in making executors and administrators account for |
