administering his estate, and the probate court may make such reasonable allowance as may be judged necessary for the expenses of the maintenance of the widow and minor children, or either, constituting the family of the testator, out of his personal estate, or the income of his real estate, during the progress of the settlement of the estate, but never for a longer period than until their shares in the estate shall be assigned to them. SEC. 153. [Payment of debts.]-If the testator shall make provision by his will, or designate the estate to be appropriated for the payment of his debts, the expenses of administration, or family expenses, they shall be paid according to the provisions of the will, and out of the estate thus appropriated, or so far as the same may be sufficient. SEC. 154. [Same.]-If the provisions made by the will, or the estate appropriated shall not be sufficient to pay the debts, expenses of administration, and family expenses, such part of the estate, real or personal, as shall not have been disposed of by the will, if any, shall be appropriated according to the provisions of the law for that purpose. SEC. 155. Specific devises.]-The estate, real or personal, given by will to any devisees or legatees, shall be held liable to the payment of the debts, expenses of administration, and family expenses, in proportion to the amount of tl several devises or legacies, except that specific devises and legacies, and the persons to whom they shall be made, may be exempted, if it shall appear to the court necessary in order to carry into effect the intention of the testator, if there shall be other sufficient estate. SEC. 156. [Liabilities settled.]-When the estate given by any will shall be liable for the payment of debts and expenses, as mentioned in the preceding section, or is liable to be taken to make up the share of a child born after the execution of the will, or of a child or of the issue of a child not provided for in the will, as hereinbefore provided, the executor shall have a right to retain possesion of the same until such liability shall be settled by order of the probate court, and until the devises and legacies so liable shall be accordingly assigned by order of such court; and when the same can properly be done, any devisee or legatee may make his claim to such court to have such liability settled, and his devise or legacy assigned to him. SEC. 157. [Liability of estate of devisee.]-All the devisees and legatees who shall, with the consent of the executor, or otherwise, have possession of the estate given to them by will, before such liability shall be settled by the probate court, shall hold the same, subject to the several liabilities mentioned in the preceding section, and shall be held to contribute, according to their respective liabilities, to the executor or to any devisee or legatee from whom the estate devised to him may have been taken, for the payment of debts or expenses, or to make up the share of a child born after the making of the will, or of a child or the issue of a child omitted in the will; and the persons who may, as heirs, have received the estate not disposed of by the will as provided in this subdivision, shall be liable to contribute in like manner as the devisees or legatees. SEC. 158. [Insolvency of devisee.]—If any of the persons liable to contribute, according to the provisions of the preceding section, shall be insolvent, and unable to pay his share, the others shall be severally liable for the loss occasioned by such insolvency, in proportion to and to the extent of the estate they may have received; and if any of the persons so liable to contribute shall die before having paid his share, the claim shall be valid against his estate, in the same manner as if it had been his proper debt. SEC. 159. [Authority of court.]-The probate court may, by decree for that purpose, settle the amount of the several liabilities as provided in the preceding sections, and decree how much, and in what manner, each person shall contribute, and may issue execution as circumstances may require, and the claimant may also have a remedy in any proper action or complaint in law or equity. SEC. 160. [Certificate.]-Every will, when proved as provided in this subdi Szo. 160. Cited 13 Neb. 150. Certificate not essential to the validity of the probate of a will. 21 Neb. 509. vision, shall have a certificate of such proof indorsed thereon or annexed thereto, signed by the judge of probate and attested by his seal; and every will so certified, and the record thereof, or a transcript of such record, certified by the judge of probate and attested by his seal, may be read in evidence in all courts within this state without further proof. SEC. 161. [Record.]-An attested copy of every will devising lands or any interest in lands, and of the probate thereof, shall be recorded in the registry of deeds of the county in which the lands thereby devised are situated; Provided, That all conveyances of lands or any interest in lands within this state, which have been heretofore made by any executor prior to the filing of such attested copy, shall be as legal and valid and shall have the same force and effect as if such attested copy had been duly filed prior to the making of such conveyance. [Amended 1885, chap. 48.] SEC. 162. [Executor.]—The word "executor" in this chapter shall be construed to include an administrator with the will annexed. LETTERS TESTAMENTARY AND OTHER PROCEEDINGS ON THE PROBATE OF A WILL. SEC. 163. [Issuance of letters.]-When a will shall have been duly proved and allowed, the probate court shall issue letters testamentary thereon to the person named executor therein, if he is legally competent, and he shall accept the trust and give bond as required by law. SEC. 164. [Bond.]-Every executor, before he shall enter upon the execution of his trust, and before letters testamentary shall issue, shall give bond to the judge of probate in such reasonable sum as he may direct, with one or more sufficient sureties, with conditions as follows: To make and return to the probate court, within three months, a true and perfect inventory of all the goods, chattels, rights, credits, and estate of the deceased which shall come to his possession or knowledge, or to the possession of any other person for him; to administer according to law and to the will of the testator all his goods, chattels, rights, credits, and estate which shall at any time come to his possession, or to the possession of any other person for him, and out of the same to pay and discharge all debts, legacies, and charges, chargeable on the same, or such dividends thereon as shall be ordered and decreed by the probate court; to render a true and just account of his administration to the probate court within one year, and at any other time when required by such court; and to perform all orders and decrees of the probate court, by the executor to be performed in the premises. SEC. 165. [Executor a residuary legatee.]-If, however, the executor shall be a residuary legatee, instead of the bond described in the preceding section, he may give a bond in such sum and with such sureties as the court may direct, with a condition only to pay all the debts and legacies of the testator, and in such case he shall not be required to return an inventory. SEC. 166. [Refusal of executor to act.]-No person named as executor in any will, who shall refuse to accept the trust, or shall neglect to give bond as prescribed in this subdivision, for twenty days after the probate of such will, shall intermeddle or act as executor. SEC. 167. [Same.]-If a person named executor in any will shall refuse to accept the trust, or shall, for the space of twenty days after the probate of the same, neglect to give bond as required by law, the probate court may grant letters testamentary to the other executors, if there be any who are capable and willing to accept the trust, and if there be no such other executor who will give bond, the court may commit administration of estate with the will annexed, to such person as would have been entitled to the same, if the testator had died intestate. SEC. 168. [Minors.]—When the person named executor in any will is under full age at the time of proving the will, administration shall be granted with the will annexed, during the minority of the executor, unless there shall be another executor who SECS..164, 165. Cited 9 Neb. 293. shall accept the trust and give bond, and in that case the executor who shall give bond shall have letters testamentary, and shall administer the estate until the minor shall arrive at full age, when he may be admitted as joint executor on giving bond according to law. SEC. 169. [Administrator with will annexed.]-Every person who shall be appointed administrator with the will annexed, shall, before entering upon the execution of his trust, give bond to the judge of probate in the same manner and with the same condition as is required of an executor, and shall proceed in all things to execute the trust in the same manner as an executor would be required to do. SEC. 170. [Unmarried woman.]--When an unmarried woman, appointed an executrix alone or jointly with another person, shall marry, her marriage shall extinguish her authority as executrix, and her husband shall not be executor in her right. SEC. 171. [Removal of executor.]—If an executor shall reside out of this state, or shall neglect, after due notice given by the judge of probate, to render his account and settle the estate according to law, or to perform any decree of the court, or shall abscond, or become insane, or otherwise incapable or unsuitable to discharge thetrust, the probate court may remove such executor. SEC. 172. [Who to execute trust.]-When an executor shall die or be removed, or his authority shall be extinguished, the remaining executor, if there be any, may execute the trust; and if there shall be no other executor, administration with the will annexed may be granted of the estate not already administered. SEC. 173. [Where all executors not authorized to act.]-When an executor appointed in any will shall not be authorized, according to the provisions of this subdivision, to act as such, such as are authorized shall have the same authority to perform every act and discharge 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 any purpose. SEC. 174. [Death of surviving executor.]-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. SEC. 175. [Bond.]-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 sure-ties, or a joint bond from all of them, with sureties. ADMINISTRATION AND DISTRIBUTION OF THE ESTATES OF INTESTATES. SEC. 176. [Personal estate.]—When any person shall die possessed of any personal estate, or of any right or interest therein not lawfully disposed of by his last SEC. 176. The section of which the above is amendatory is as follows: SEC. 176. [Distribution of personal estate.]-When any person shall die possessed of any personal estate, or of any right or interest therein not lawfully disposed of by his last will, the same shall be applied and distributed as follows: First. The widow, if any, shall be allowed all the 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 receives the provision made for her in the will of her husband as when he dies intestate. Second. The widow and children constituting the family of the deceased shall have such reasonable allowance out of the personal estate, or out of the income of the real estate, as the court of probate may 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. And when the personal estate and the income from the real estate shall be insufficient to meet the allowances made, or any other allowance made as provided by law, such an allowance shall be deemed a debt against the estate, to be paid out of the proceeds of the sale of any real estate, and to take its preference for payment next after debts due this state, and before the claims of general creditors. [As amended 1873, G. S. 309.] Third. 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. Fourth. If, on the return of the inventory of any estate, it shall appear that the value of the saleable estate does not exceed the will, the same shall be applied and distributed as follows: First. The widow, if any shall be allowed all the articles of apparel and ornament, and all the wearing apparel and ornaments of the deceased, the household furniture of the deceased, 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 receives the provisions made for her in the will of her husband, as when he dies intestate. Second. The widow and children constituting the family of the deceased shall have such reasonable allowance out of the personal estate, or out of the income of the real estate, as the county court may judge necessary for their maintenance during the progress of the settlement of the estate, according to their circumstances, which in the case of an insolvent estate shall not be longer than one year after granting administration, nor for any time after the personal estate shall be assigned to the widow. And when the personal estate and the income from the real estate shall be insufficient to meet the allowance made, or any other allowance made as provided by law, such an allowance shall be deemed a debt against the estate, to be paid out of the proceeds of the sale of any real estate, and to take its preference for payment next after debts due this estate, and before the claims of general creditors. Third-When a person shall die leaving children under fourteen years of age, having no mother, or when the mother shall die before the children shall arrive at the age of fourteen years, an allowance shall be made for the necessary maintenance of such children until they arrive at the age of fourteen 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. Fourth-If, on the return of the inventory of any estate, it shall appear that the value of the salable estate does not exceed the sum of two hundred and fifty dollars, the county court may, by 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 fourteen years of age, if there be no widow, the whole of such estate, after the payment of the funeral charges, and the expenses of administration. Fifth -If the personal estate shall amount to more than two hundred and fifty dollars, and more than the allowance mentioned in the preceding subdivision of this section, the same shall be applied to the payment of debts of the deceased, with the charges of his funeral and the settling of his estate. Sixth-The residue, if any, of the personal estate shall be distributed in the same proportion, to the same persons, as prescribed for the descent and distribution of real estate in this act, except that if the intestates leave no homestead, then one thousand dollars of the residue referred to in this division shall be set apart to the widow; and it is further enacted that the widow's share cannot be affected by any will of her husband, unless she consents thereto in writing within six months after notice to her of the provisions of the will by parties interested in the estate, which consent shall be entered on the records of the county court; all provisions made in this section in regard to the widow of a deceased husband shall be applicable and shall ap‐ ply to the surviving husband of a deceased wife. [Amended 1889, chap. 57.] SEC. 177. [Jurisdiction.]-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 death, resided in any other territory, state, or country, leaving estate to be administered in this state, administration thereof shall be granted by any probate court of any county in which there shall be estate to be administered; and the administration first legally granted shall extend to all 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 administra tion. Fifth. 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. Sixth. The residue, if any, of the personal estate shall be distributed in the same proportion, 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 the intestate would be entitled to. [See 13 Neb. 286.] SEC. 177. Appointment of special administrator. 13 Neb. 385. Appointment of administrator in county where deceased had his domicile. 16 Neb. 419. estate of the deceased in this state, and shall exclude the jurisdiction of the probate court of every other county. SEC. 178. [Administration, to whom granted.]—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: First-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. Second-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. Third-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. SEC. 179. [Bond.]-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 case of an executor, with such variations only as may be necessary to make it applicable to the case of an administrator. SEC. 180. [Special administrator.]-When there shall be a delay in the granting letters testamentary, or of administration, occasioned by an appeal from the allowance or disallowance of the 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 administration. SEC. 181. [Duties.]—An administrator appointed according to the provisions of the preceding section shall collect 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. SEC. 182. [Liability.]-Such special administrator shall not be liable to an action by any creditor, to be called upon in any other way to pay the debts against the deceased. SEC. 183. [Bond.]-Every such special administrator shall, before entering upon the duties of his trust, give a bond to the judge 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. SEC. 184. [Powers cease.]—Upon granting letters testamentary, or of 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. SEC. 178. Duty and discretion of the county judge in the appointment of administrator. 21 Neb. 665. |