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Final ment.

to his last will, according to the laws of his domicil; and if there shoul I be no such will, his real estate shall descend according to the laws of this territory, and his personal estate shall be distributed and disposed of, according to the laws of the state or country of which he was an inhabitant.

Sec. 215. Upon the final settlement of such an estate, and after the payment of all debts for which the same is liable in this territory, the residue of the personal estate, if any, may be distributed and disposed of in manner aforesaid, by the probate court in which the estate is settled, or may be transmitted to the executor or administrator, if there be any in the statė or country where the deceased liad his

domicil, as the court, under the circumstances, shall . think best.

Sec. 216. If such deceased person died insolvent, his insolvent estate found in this territory shall, as far as practicable, be so disposed of that all his creditors here and elsewliere may receive an equal share, in proportion to their respective debts.

Sec. 217. To this end, his estate shall not be trans- Citizens to have mitted to the foreign executor or administrator, until his creditors, who are citizens of this territory, shall have received their just proportion that would be clue to them if the whole of the estate of the deceased wherever found, were divided among all the said creditors in proportion to their respective debts, without preferring any one species of debt to another.

Sec. 218. In such case, no creditor, not being a citizen of this territory, shall be paid out of the assets found here, until those who are citizens shall have received their just proportion as provided in the preceding section.

SEC. 219. If there be any residue after such payment Residue. to the citizens of this territory, the same may be paid to any other creditors who shall duly have proved their debts here, in proportion to the amount due to each of them respectively.

SEC. 220. No one shall receive more than would be



due to him if the whole estate were divided ratably among

all the creditors. Balance, how Sec. 221. The balance, if any, may be transmitted to distributod.

the foreign executor or administrator, or, if there be none such, it shall, after the expiration of one year from the appointment of the administrator, be distributed ratably among all the creditors, citizens and others, who shall have

proved their debts in this territory. Compensation.

SEC. 222. Executors and administrators shall be allowed for their trouble not exceedng ten per centum 0!} the whole amount of personal estate, and on the money arising from the sale of lands, with such additional allowance for leasing real estate and collecting and preserving the estate, as the probate court shall deem reasonable.

Of Proceedings Against Executors, Administrators and



Timc to be nade,


SEC. 223. If, upon the settlement of any executor or administrator, there be not sufficient assets to pay all the demands against the estate, any creditor may suggest that he has not made a just account of the assets in his hauds, and apply for an inquiry into the same.

Sec. 224. Upon such application, the court shall direct an issue to be made up, whether there be waste or not, which shall be tried as demands against an estate.

Sec. 225. If no waste be found, the applicant shall pay the costs; but if waste be found, judgment shall be recorded in favor of the applicant against such executor or administrator, of his own proper estate, for the amount wasted, and costs, and the money collected shall be applieil to the payment of the debt due to the applicant, and the residue shall be apportioned among the creditors. .

SEC. 226. If it appear that such waste was committed wilfully and fraudulently, the applicant shall recover double the amount wasted, with costs, to be apportioned as aforesaid.

Sec. 227. After final settlement of any estate found to be insolvent, any creditor, or other person intrusted therein,

Amoopt rocor. erable.

Suit op bopd.

may bring a suit on the administration bond, and assign and prove, as a breach of the condition, any waste or mismanagement of the estate, and have judgment against the executor or administrator for the whole value of the assets wasted or mismanaged, as he could have done if they had been regularly accounted for, with costs.

SEC. 228. Upon such judgment, execution may issue against the private estate of such executor or administrator, and his settlement shall only be conclusive so far as he has applied the assets, pursuant to the apportionment made by the court for the payment of debts.

Prooeds, Low

SEC. 229. The proceeds of all executions, or any applied. judgments thus recovered, shall be applied to the payment of the debt due to the person sueing, and the residue shall be apportioned among the creditors.

SEC. 230. The bond of an executor or administrator may be sued on, at the instance of any party injured, in the name of the territory, to the use of such party for the waste or mismanagement of the estate, or other breach of the condition of such bond and the actual waste or damage shall be assessed thereon.

SEC. 231. The probate court, for disobedience to any order made in pursuance of this act, may issue attachment, imprison the body, or proceed by sequestration of lands and goods, as fully as a court of chancery may do, and may issue their process for that purpose, directed to any county, and cause it to be served therein.

Of Appeals.

SEC. 232. Appeals shall be allowed from the decision of the probate court to the district court, in the following


First, On all demands against an estate exceeding ten dollars.

Second, On all settlements of executors and administrators.

Third, On all apportionments among creditors, legatees or distributees.


Who may sue.


Appeals, on

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Fourth, On all orders directing the payment of legacies, making distribution, or making allowances to the widow. Fifth, On all orders for the sale of personal estate, because distribution cannot be made in kind.

Sixth, On all orders for the sale of real estate.

Seventh, On judgments for waste.

Eighth, On proceedings to recover balances escheated to the territory or county.

Ninth, On revoking letters testamentary or of


Tenth, On orders making allowances for the expenses of administration.

Eleventh, On orders for the specific execution of


Twelfth, On orders compelling legatees or distributees to refund, and in all other cases where there shall be a final decision of any matter arising under the provisions of this act.

SEC. 233. All appeals shall be taken during the term at which the decision complained of is made, or within ten days after the making of such decision. Notice of such appeal shall be given in open court and entered on the record, or by written notice to the opposite party.

SEC. 234. The applicant for such appeal, his agent or attorney, shall file an affidavit that the appeal is not taken for the purpose of vexation or delay, but because the affiant believes that the appellant is aggrieved by the decision of the court.

SEC. 235. Every such appellant shall file in the court the bond of himself or some other person, in a sum with security approved by the court, conditioned that he will prosecute the appeal, and pay all debts, damages and costs that may be adjudged against him. This act shall not be so construed as to require any executor or administrator to enter into bond in order to entitle him to an appeal.

SEC. 236. After such affidavit and bond have been

Appeal, not a

general superse filed, the appeal shall be granted, but shall not be a super


sedeas in any other matter relating to the administrator of the estate, except that from which the appoal is specially


SEC. 237. When such appeal is taken, the judge shall Transcript. transmit to the clerk of the district court, a certified transcript of the record and proceedings relating to the cause, together with the original papers in his office. relating thereto.

SEC. 238. Upon the filing of such transcript and papers in the office of the clerk of the district court, the court shall be possessed of the cause, and shall proceed to hear. try and determine the same, and without regarding any error, defect or other imperfection in the proceedings of the probate court.

SEC. 239. The clerk of the district court shall certify a transcript of the record and proceedings, and the original papers to the court whence the appeal was taken, who shall proceed according to the decision of the district court.

This act to take effect and be in force from and after the first day of January, one thousand eight hundred and seventy.

Approved, December 10th, 1869.




District how proceed.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming, as follows:


Click to zertify.

Superintendent of Public Instruction.

Auditor exofficio superiu

SEC. 1. The territorial auditor shall be ex officio superintendent of public instruction, and shall perform all the tend-nt. duties which by this act or any law of the territory, pertain

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