New sureties. Neglect to give new sureties forfeits letters. Applications to be out of term left, or removed from the State, or if he cannot be found after due diligence and inquiry, service may be made as provided in Section 1398. 1404. (§ 85.) If new sureties be given to the satisfaction of the Judge, he may thereupon make an order that the sureties who applied for relief shall not be liable on their bond for any subsequent act, default, or misconduct of the executor or administrator. 1405. (§ 86.) If the executor or administrator neglects or refuses to give new sureties, to the satisfaction of the Judge, on the return of the citation, or within such reasonable time as the Judge shall allow, unless the surety making the application shall consent to a longer extension of time, the Court or Judge must, by order, revoke his letters. 1406. (§ 87.) The applications authorized by the determined nine preceding sections of this Chapter may be heard time. and determined out of term time. All orders made therein must be entered upon the minutes of the Court. Special adminis trator, when ARTICLE VII. SPECIAL ADMINISTRATORS AND THEIR POWERS AND DUTIES. SECTION 1411. Special administrator, when appointed. 1412. Special letters may be issued out of term time. 1416. When letters testamentary or of administration are 1417. Special administrator to render account. 1411. (§§ 88, 95, 282.) When there is delay in granting letters testamentary or of administration, appointed. from any cause, or when such letters are granted irregularly, or no sufficient bond is filed as required, or when no application is made for such letters, or when an administrator or executor dies, or is suspended or removed, the Probate Judge must appoint a special administrator to collect and take charge of the estate of the decedent, in whatever county or counties the same may be found, and to exercise such other powers as may be necessary for the preservation of the estate; or he may direct the Public Administrator of his county to take charge of the estate. 1412. (§ 89.) The appointment may be made out of term time, and without notice, and must be made by entry upon the minutes of the Court, specifying the powers to be exercised by the administrator. Upon such order being entered, and after the person appointed has given bond, the Clerk must issue letters of administration to such person, in conformity with the order. Special be issued letters may out of term time. given to persons entitled to lettors. 1413. ($ 90.) In making the appointment of a Preference special administrator, the Probate Judge must give preference to the person entitled to letters testamentary or of administration, but no appeal must be allowed from the appointment. 1414. (§ 91.) Before any letters issue to any special administrator, he must give bond in such sum as the Probate Judge may direct, with sureties to the satisfaction of the Judge, conditioned for the faithful performance of his duties; and he must take the usual oath and have the same indorsed on his letters. 1415. ($92.) The special administrator must collect and preserve for the executor or administrator, all the goods, chattels, debts, and effects of the decedent, all incomes, rents, issues, and profits, claims, and demands, of the estate; must take the charge and management of, enter upon and preserve from damage, waste, and injury, the real estate, and for any such Special trator to adminis give bond and take oath. When letters tes or of administration are granted, special and all necessary purposes may commence and maintain, or defend, suits and other legal proceedings, as an administrator; he may sell such perishable property as the Probate Court may order to be sold, and exercise such other powers as are conferred upon him by his appointment, but in no case is he liable to an action by any creditor on a claim against the decedent. 1416. (§ 93.) When letters testamentary or of tamentary administration on the estate of the decedent have been granted, the powers of the special administrator cease, and he must forthwith deliver to the executor or administrator all the property and effects of the decedent in his hands; and the executor or adminis trator may prosecute to final judgment any suit commenced by the special administrator. administrator's powers cease. Special adminis trator to render account. 1417. (§ 94.) The special administrator must render an account, on oath, of his proceedings, in like manner as other administrators are required to do. ARTICLE VIII. WILLS FOUND AFTER LETTERS OF ADMINISTRATION GRANTED, AND MISCELLANEOUS PROVISIONS. On proof of will, after grant of letters of administration, letters revoked. SECTION 1423. On proof of will, after grant of letters of administra 1423. tion, letters revoked. 1424. Power of executor in such a case. 1425. Remaining administrator or executor to continue when his colleagues are disqualified. 1426. Who to act when all acting are incompetent. 1427. Executor or administrator may resign, when. Court 1429. Transcript of Court minutes to be evidence. ($ 98.) If, after granting letters of administration on the ground of intestacy, a will of the decedent is duly proved and allowed by the Court, the letters of administration must be revoked, and the power of the administrator ceases, and he must render an account of his administration within such time as the Court shall direct. 1424. (§ 99.) In such case, the executor or the administrator with the will annexed is entitled to demand, sue for, recover, and collect all the rights, goods, chattels, debts, and effects of the decedent remaining unadministered, and may prosecute to final judgment any suit commenced by the administrator before the revocation of his letters of administration. Power of executor in such a case. adminis executor to when his colleagues qualified. 1425. (§ 96.) In case any one of several execu- Remaining tors or administrators, to whom letters are granted, trator or dies, becomes lunatic, is convicted of an infamous continue crime, or otherwise becomes incapable of executing are dis the trust; or in case the letters testamentary or of administration are revoked or annulled, with respect to any one executor or administrator, the remaining executor or administrator must proceed to complete the execution of the will or administration. when all acting are tent. incompe 1426. (§ 97.) If all such executors or adminis- Who to act trators die or become incapable, or the power and authority of all of them is revoked, the Probate Court must issue letters of administration with the will annexed, or otherwise, to the widow, or next of kin, or others, in the same order and manner as is directed in relation to original letters of administration. The administrators so appointed must give bond in the like penalty, with like sureties and conditions, as hereinbefore required of administrators, and shall have the like power and authority. or adminis resign, 1427. (§ 100.) Any executor or administrator Executor may, at any time, by writing, filed in the Probate trator may Court, resign his appointment, having first settled his whon. accounts and delivered up all the estate to the person Court to appoint successor. whom the Court shall appoint to receive the same. If, however, by reason of any delays in such settlement and delivering up of the estate, or for any other cause, the circumstances of the estate or the rights of those interested therein require it, the Court may, at any time before settlement of accounts and delivering up of the estate is completed, revoke the letters of such executor or administrator, and appoint in his stead an administrator, either special or general, in the same manner as is directed in relation to original letLiability of ters of administration. The liability of the outgoing executor or administrator, or of the sureties on his bond, shall not be in any manner discharged, released, or affected, by such appointment or resignation. outgoer. All acts of executor, until his power is revoked. 1428. (§ 101.) All acts of an executor or adminetc., valid istrator, as such, before the revocation of his letters testamentary or of administration, are as valid, to all intents and purposes, as if such executor or administrator had continued lawfully to execute the duties of his trust. Transcript of Court be evidence 1429. (§ 102.) A transcript from the minutes of minutos to the Court, showing the appointment of any person as executor or administrator, together with the certificate of the Clerk, under his hand and the seal of his Court, that such person has given bond and been qualified, and that letters testamentary or of administration have been issued to him and have not been revoked, shall have the same effect in evidence as the letters themselves. ARTICLE IX. DISQUALIFICATION OF JUDGES AND TRANSFERS OF ADMINISTRATORS. SECTION 1430. When Judge not to act. 1431. Judge being disqualified, proceedings to be transferred, and where. |