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SECTION 1432. Transfer not to change right to administer. Retrans

fer, how made.

1433. When proceedings to be returned to original Court.

Judge

not to act.

1430. (§ 103.) No Probate Court shall admit to When probate any will, or grant letters testamentary or of administration, in any case where the Judge thereof is interested as next of kin to the decedent, or as a legatee or devisee under the will, or when he is named as executor or trustee in the will, or is a witness thereto, or is in any other manner interested or disqualified from acting.

being dis

proceedings

to be trans

ferred, and where.

1431. (§ 104.) When a petition is filed in the Judge Probate Court, praying for admission to probate of a qualified, will, or for granting letters testamentary or of administration, or when proceedings are pending in the Probate Court for the settlement of an estate, and the presiding Judge of the Court is disqualified to act from any cause, upon his own or the motion of any person interested in the estate, he must make an order transferring the proceeding to the Probate Court of an adjoining county; and the Clerk of the Court ordering the transfer must transmit, to the Clerk of the Court to which the proceeding is ordered to be transferred, a certified copy of the order, and all the papers on file in his office in the proceeding; and thereafter the Probate Court to which the proceeding is transferred shall exercise the same authority and jurisdiction over the estate, and all matters relating to the administration thereof, as if it had original jurisdiction of the estate.

not to

right to

administer.

1432. (§ 104.) The transfer of a proceeding from Transfer one Court to another, as provided for in the preceding change section, shall not affect the right of any person to letters testamentary or of administration on the estate transferred, but the same persons are entitled to letters testamentary or of administration on the estate in the

how made.

Retransfer, order hereinbefore provided. If, before the adminis tration is closed of any estate so transferred, as herein provided, another person is elected or appointed, and qualified, as Probate Judge of the county wherein such proceeding was originally commenced, who is not disqualified to act in the settlement of the estate, and the causes for which the proceeding was transferred no longer exist, any person interested in the estate may have the proceeding returned to the Court from which it was originally transferred, by filing a petition setting forth these facts, and moving the Court therefor.

When proceedings to be returned

1433. (§ 104.) On hearing the motion, if the facts required by the preceding section to be set out in the to original petition are satisfactorily shown, and it further appears

Court.

to the Court that the convenience of parties interested would be promoted by such change, the Judge must make an order transferring the proceeding back to the Probate Court where it was originally commenced; and the Clerk of the Court ordering the transfer must transmit to the Clerk of the Court in which the proceeding was originally commenced a certified copy of the order, and all the original papers on file in his office in the proceeding; and the Court where the proceeding was originally commenced shall thereafter have jurisdiction and power to make all necessary orders and decrees to close up the administration of the estate.

ARTICLE X.

REMOVALS AND SUSPENSIONS IN CERTAIN CASES.

SECTION 1436. Suspension of powers of executor.

1437. Executor to have notice of his suspension, and to be

cited to appear.

1438. Any party interested may appear on hearing.

1439. Notice to absconding executors and administrators. 1440. May compel attendance.

of powers

1436. (§ 281.) Whenever the Probate Judge has Suspension reason to believe, from his own knowledge or from of executor. credible information, that any executor or administrator has wasted, embezzled, or mismanaged, or is about to waste or embezzle the property of the estate committed to his charge, or has committed or is about to commit a fraud upon the estate, or is incompetent to act, or has permanently removed from the State, or has wrongfully neglected the estate, or has long neglected to perform any act as such executor or administrator, he must, by an order entered upon the minutes of the Court, suspend the powers of such executor or administrator until the matter is investigated.

1437. (§ 283.) When such suspension is made, notice thereof must be given to the executor or administrator, and he must be cited to appear and show cause why his letters should not be revoked. If he fail to appear in obedience to the citation, or, if appearing, the Court is satisfied that there exists cause for his removal, his letters must be revoked, and letters of administration granted anew, as the case may require.

1438. (§ 284.) At the hearing, any person interested in the estate may appear and file his allegations in writing, showing that the executor or administrator should be removed; to which the executor or administrator may demur or answer, as herein before provided. The issues raised must be heard and determined by the Court.

Executor tice of his

to have no

suspension, and to be

cited to

appear.

Any party

interested

may appear

on hearing.

Notice to

absconding

and admin

1439. (§ 285.) If the executor or administrator has absconded or conceals himself, or has removed or executors absented himself from the State, notice may be given istrators. him of the pendency of the proceedings by publication, in such manner as the Court may direct, and the Court may proceed upon such notice as if the citation had been personally served.

May compel

1440. (§ 286.) In the proceedings authorized by attendance. the preceding sections of this Article, for the removal of an executor or administrator, the Court may compel his attendance by attachment, and may compel him to answer questions, on oath, touching his administration, and, upon his refusal so to do, may commit him until he obey, or may revoke his letters, or both.

CHAPTER IV.

OF THE INVENTORY AND COLLECTION OF THE EFFECTS OF
DECEDENTS.

ARTICLE I. INVENTORY, APPRAISEMENT, AND POSSESSION OF

ESTATE.

II. EMBEZZLEMENT AND SURRENDER OF PROPERTY OF

ESTATE.

Inventory

to be

ARTICLE I.

INVENTORY, APPRAISEMENT, AND POSSESSION OF ESTATE.

SECTION 1443. Inventory to be returned, including the homestead.

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1444. Appraisement, and pay of appraisers.

1445. Oath of appraisers and inventory, how made.

1446. Inventory to account for moneys. If all money, no appraisement necessary.

1447. Effect of naming a debtor executor.

1448. Discharge or bequest of debt against executor.

1449. To make oath to inventory.

1450. Letters may be revoked for neglect of administrator.

1451. Inventory of after discovered property.

1452. Administrator and executor to possess real and per

sonal estate.

1453. Executor or administrator to deliver real estate to heirs or devisees at the end of ten months, unless there are debts to be satisfied.

1443. (§ 105.) Every executor or administrator

returned, must make and return to the Court, at its first term

including

the

homestead. after his appointment, a true inventory and appraise

ment of all the estate of the decedent, including the homestead, if any, which has come to his possession or knowledge.

ment and

pay of

appraisers.

1444. (§ 106.) To make the appraisement, the AppraiseProbate Judge or Court must appoint three disinterested persons (any two of whom may act), who are entitled to receive a reasonable compensation for their services, not to exceed five dollars per day, to be allowed by the Court or Judge. The appraisers must, with the inventory, file a verified account of their services and disbursements. If any part of the estate is in any other county than that in which letters issued, appraisers thereof may be appointed, either by the Probate Judge having jurisdiction of the estate or by the Probate Judge of such other county, on request of the Judge having jurisdiction.

appraisers

inventory,

1445. (§ 107.) Before proceeding to the execu- Oath of tion of their duty, the appraisers, before any officer and authorized to administer oaths, must take and sub- how made. scribe an oath, to be attached to the inventory, that they will truly, honestly, and impartially appraise the property exhibited to them, according to the best of their knowledge and ability. They must then proceed to estimate and appraise the property; each article must be set down separately, with the value thereof in dollars and cents, in figures, opposite to the articles respectively; the inventory must contain all the estate of the decedent, real and personal, a statement of all debts, partnerships, and other interests, bonds, mortgages, notes, and other securities for the payment of money belonging to the decedent, specifying the name of the debtor in each security, the date, the sum originally payable, the indorsements thereon (if any), with their dates, and the sum which, in the judgment of the appraiser, may be collected on each

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