Order of the Loyal Legion, Naval and Military Order of the Spanish War, or Society of Foreign Wars, for the purpose of securing funds, aid, or assistance within the State of Indiana, unless he is entitled to use or wear the badge or buttonaire under the rules and regulations and seals of the Grand Army of the Republic, Union Veterans, National Encampment United Spanish War Veterans, Union Sons of Veterans, Military Order of the Loyal Legion, Naval and Military Order of the Spanish War or Society of Foreign Wars, or shall unauthorizedly solicit funds, aid or assistance, on behalf of such societies or any of their subordinate organizations, in the state, shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $20.00. See section 2321, Burns' R. S. 1901, and Acts 1903, p. 229.

[Acts 1905, p. 584. In force April 15, 1905.]

2360. Repeal.-699. All laws within the purview of this act are hereby repealed; but this repeal shall not affect any prosecutions pending or offenses heretofore committed under existing laws, and such prosecutions and offenses shall be continued and prosecuted to a final determination, as if this act had not passed; nor shall this repeal affect the enforcement of any fine or penalty or other punishment provided as a punishment for the violation of any civil statute; nor shall this act be construed to repeal any act passed at this session of the general assembly.

A list of crimes defined by statutes relating to civil rights and remedies and which can not be separated therefrom.

Municipal officers, violating law, misconduct, misfeasance.

.7291

.7456

.3470, 3591, 3712, 3715

.7532j

.3470

.3591

.3712, 3715

.8253al

.6724c

5185e

.51851

5190b

.54051, 5405n, 54050, 5405p

.6724j

.5479e

5989e

.7715

.6752

8407g

.5479c

..6836

6849

.8407g

.5989e

3290r

.3712, 3715

.8680h .8703m

.8703r, 8703s, 8703w .7323c1, 7323e1 ..6752

CHAPTER 6.

DECEDENTS' ESTATES.

Section numbers to notes refer to Revised Statutes of 1901.

[Acts 1903, p. 249. In force March 9, 1903.]

2374b. Probate commissioner, duties, salary.-1. That in all counties having a population of one hundred and fifty thousand or [more], according to the last preceding United States census, it shall be the duty of the probate commissioner of the circuit court in any such county, duly appointed as by law provided to hear evidence upon and report his finding to the judge of the circuit court of his appointment upon all matters, probate, civil and otherwise, which may be referred to such probate commissioner by such judge of the circuit court, and he shall receive no fees or compensation other than his salary, which shall be fixed by the judge of the circuit court after proof heard, during any term of such court, and in such sum as in his judgment may seem proper, payable out of the treasury of such county.

2374c. Assistants, number, pay.-2. That the circuit courts of any such county having a population of one hundred and fifty thousand or more, according to the last preceding United States census, shall have power by entry of record to authorize the employment by said probate

commissioner of not more than two clerical assistants for such time and at such reasonable compensation as such court may determine: Provided, That not more than twenty-five dollars per week for the time actually required shall be expended for such clerical service, and in such entry of record specified; such compensation shall be paid weekly out of the treasury of such county upon certificate of such court: Provided, That before such authority shall be given, such probate commissioner shall file in said court his written application showing the necessity thereof, and such court shall find such employment to be in the interests and for the protection of estates and guardianships pending therein, and essential to the complete and speedy transaction of the probate business of such court.

2381. In what county letters issued.

Letters of administration should be issued in the county where the decedent was an inhabitant at the time of his death, but if letters are issued in the wrong county they continue in force until revoked, and during their continuance letters can not be issued in the proper county. Razor v. Mehl, 25 App. 645.

The fact that an absentee is alive does not affect the validity of proceedings appointing an administrator of his estate. Romy v. State, 32 App. 146.

If an absentee had been a resident of this state and had left property in any county, letters of administration could issue in such county. Romy v. State, 32 App. 146. Administrators of the estates of absentees and their sureties are subject to the same liabilities as are the administrators of the estates of deceased persons. Romy v. State, 32 App. 146.

2393. Special administrator on contest of will.

If objections are filed to the admission of a will to probate, a special administrator may be appointed, and such administrator may sue to recover the assets of the estate and he will not be personally liable for costs, although he fails to recover judgment. Bruning v. Golden, 159 Ind. 199.

2395. Administrator de bonis non after settlement.

An administrator de bonis non may be appointed after the final settlement of an estate for the purpose of administering upon omitted assets, but the prior settlement continues in force as to all matters except the estate not administered upon. Michigan Trust Co. v. Probasco. 29 App. 109.

ARTICLE 5.-NOTICE AND INVENTORY.

SEC.

2417. Omitted articles from inventory.

SEC.

2424. Widow's five hundred dollars.

2417. Omitted articles from inventory.

A watch and jewelry of a decedent is not wearing apparel within the meaning of the statute directing the omission of certain articles from an inventory and providing how the same shall be distributed. Coffinberry v. Madden, 30 App. 360.

2424. Widow's five hundred dollars.

If provision is made for a widow by will and she accepts the same, she can not also claim the $500 of personalty given her by statute if the assertion of such claim would defeat the evident intention of the testator. Boord v. Boord, 163 Ind. 307; Whetsell v. Louden, 25 App. 257.

Unless it appears from a will that a provision for the widow of the testator was to be in lieu of her statutory allowance, her acceptance of the testamentary provision will not prevent her claiming the statutory allowance. Welch v. Collier, 27 App. 502. If an admisintrator refuses to pay a widow her statutory allowance of $500, and she sues to recover the same, she is entitled to recover interest from the time of her demand for payment. Brown v. Bernhamer, 159 Ind. 538.

If a widow dies before receiving the $500 of personalty given her by statute, her administrator may prosecute such claim against the estate of her husband. Welch v. Collier, 27 App. 502.

Executors and administrators have full power to maintain any suit in any court of competent jurisdiction for the recovery of the personal property of the estate. Mark v. North, 155 Ind. 575.

When an administrator in the exercise of reasonable care prosecutes a suit in favor of the estate, or defends a suit against the same, such administrator is not personally liable for costs, although he may not be successful in the litigation. Bruning v. Golden, 159 Ind. 199.

It is only necessary for an administrator to aver that he sues as such, and his right to sue can only be questioned by a plea in abatement. Michigan Trust Co. v. Probasco, 29 App. 109.

2447. Profert of letters.

If a complaint states that the plaintiff sues as the administrator of an estate, it will sufficiently show the character in which he sues, although there is no allegation as to the death of the decedent or the issuing of letters of administration. Toner v. Wagner, 158 Ind. 447.

The right of an executor or administrator to maintain a suit must be questioned by a plea in abatement. Toner v. Wagner, 158 Ind. 447; Michigan Trust Co. v. Probasco, 29 App. 109.