istering the estate of such testator, well and truly during the controversy, minority, or absence of the executor or executrix, or for collecting the estate and making an inventory thereof, and safe keeping and delivery of the same when thereunto lawfully required by the executor or executrix, administrator or administratrix duly qualified. (a) may appoint a curator. resident of the SEC. 14. When any person shall die intestate, the County County Court Court, whenever it is necessary, and upon the application of any person, shall appoint a curator to take charge of the estates of the deceased person until letters of administration are granted: Provided, however, That if the person entitled Not to appoint to take out letters of administration is a resident of the county until after nowhere the property is situated, no such curator shall be ap- entitled to adtice, if person pointed until after such notice as the court may direct to such minister is a person so entitled to letters of administration. If the person en-county. titled to such letters, after this notice, fail to take out such letters, a curator shall be appointed. Upon his appointment the court shall direct the person in possession of the effects of the decased forthwith to deliver them into the possession of the curator, and this order, when not obeyed promptly, may be enforced by attachment and imprisonment for the contempt. Such bond shall be required of the curator as the court shall curator must deem necessary to secure the property or the proceeds in case give bond, file inventory of of sale, and the court may make an order for the sale of such property, and deliver effects portion of the perishable property as should be sold. The cu- and proceeds of rator shall file immediately an inventory of the property. A sale to adminis delivery of the effects and proceeds of sale by the curator to the administrator, when one qualifies, may be enforced by attachment and imprisonment. (b) trator. to act as ad 1 Fla., 242. SEC. 15. When any person shall die leaving property in this Sheriff, when State, and for the space of six months thereafter no person ministrator. shall be appointed administrator on the estate of such deceased person, it shall be the duty of the sheriff of the county, ex officio, to take charge of such estate, and to administer on and settle said estate, in the same manner as directed for other administrators; and in case of the death of any administrator, 14 Fla., 438. or of the revocation of the letters of administration given to 16 Fla., 782. any administrator, it shall be the duty of the judge to grant new letters of administration to any person entitled to the same; and in case no person shall be appointed administrator of such estate it shall be the duty of the sheriff of the county, ex officio, to proceed to administer on and settle such estate under order of the aforesaid judge. (a) to answer for SEC. 16. In all cases where a sheriff shall be required and Sheriff's bond empowered to act as curator or administrator, he shall be liable his administrafor his administration on his bond as a sheriff in the same tion. manner as executors or administrators. (b) SEC. 17. No sheriff shall be held responsible as administra (a) Section 10, Act of Nov. 20, 1828. (b) Section 1, Chapter 1734, Act of Feb. 16, 1870. (a) Sec. 63, Act of Nov. 20, 1828, as When only, Sheriff responsible. Settlement of Sheriff or exofficio adminis out of office. tor, ex officio, of any estate till he shall have been ordered by the judge of his county to take charge of the assets of the person deceased. (e) SEC. 18. When the administration of an estate of a deceased person has been, or may hereafter be, committed to any sheriff trator on going as ex officio administrator, he shall, upon going out of the office of sheriff, make a settlement within three months thereafter of all his acts and doings as such sheriff and ex officio administrator of said estate before the County Judge, and the balance due by him be ascertained, and the said County Judge shall then, by his order, commit all of the assets remaining to be administered to the sheriff of said county, and take and file a complete inventory of the same; Provided, The next of kin or de bonis non to largest creditor of said estate does not apply for letters of administration de bonus non. Administrator Sheriffs. settlement. (d) SEC. 19. Any person who has been such sheriff and ex officio Proceedings against Sheriffs administrator, and who fails to make said settlement within failing to make the time herein provided, shall be at once notified to make said settlement by the County Judge, and he shall have full power to issue such process and impose such punishment, by fine or imprisonment, as are necessary to compel said settlement and compliance with his orders therein touching said administration. (d) Power of Coun Sheriffs who SEC. 20. All sheriffs who become ex officio administrators of ty Judges as to estates shall be liable to make settlements as other administrators, and the County Judge shall have the same jurisdiction administrators. and power over them, touching the estates committed to their administration, as he has over other administrators. (d) are ex-officio Appraisers to be appointed and sworn. Duty of the appraisers. SEC. 21. The said judge, on granting letters testamentary or of administration, shall appoint two or more respectable and discreet persons not of kin to the deceased as appraisers of the goods and chattels, rights and credits of the testator or intestate, and shall administer to the said appraisers an oath or affirmation truly and justly to view and appraise, according to the best of their skill and opinion, all the personal estate of the testator and intestate which to them shall be produced, or which shall come to their knowledge, and deposit the appraisement thereof in the office of the Judge of the County Court. (a) SEC. 22. On the appointment of the appraisers aforesaid they shall proceed to appraise all the personal property to them produced, and the appraisement thereupon made, if signed by the executor or administrator, may be considered as an inventory Appraisement of such part of the estate as had come to his hands or possesan inventory. sion; and in all cases where any person dies intestate, leaving a widow or children, such widow or children shall be entitled to keep her or their wearing apparel and such household goods and farming utensils, provisions and clothing necessary for their ma be made (c) Sec. 3. Chap. 157, Act of Jan. 7, 1848. (d) Secs. 2, 3 and 4, Chap. 3003, Act of Feb. 10, 1877. (a) Sec. 13, Act of November 20, 1828, as amended by Sec. 5. Chap, 1447. Act of Dec. 6, 1884. maintenance, as the appraisers shall exempt from the inventory, they having special regard to the ability of such widow and children to provide for and maintain themselves; and it shall be the duty of the court or judge, appointing the appraisers as aforesaid, to direct them to make out a list or schedule, to be signed by them, of all household goods, farming utensils and provisions and clothing by them exempted from inventory, together with the number of such family, which articles, exempted as aforesaid, they shall also appraise, and the schedule thereof deposit in the clerk's office; and where the intestate leaves a widow, the aforesaid articles, exempted from inventory and appraisement, shall be a discharge of the administrators from being accountable for the goods, effects and provisions so exempted as aforesaid. (a) SEC 23. Each appraiser appointed as aforesaid shall be enti- Fees of aptled to receive one dollar per day for his attendance and ser- praisers. vices, to be paid out of the estate of the deceased; and that all executors and administrators shall file their inventories in the clerk's office within two months from the day of their being qualified. (a) evidence. SEC. 24. Inventories and appraisements may be given in evi- Inventory and dence in any suit by or against the executors or administrators, appraisement but shall not be conclusive for or against them if other testimony be given that the estate was really worth, or was bona fide sold for, more than the appraised amount. (a) and accounts to SEC. 25. All inventories and accounts, which are required to Inventories be filed in the office of the judge, which may be presented upon be recorded. any settlement, shall be recorded in a book to be kept exclusively for that purpose. (b) 1 Fla., 332, 384. SEC. 26. If any executor or administrator, guardian or trus- Discharge of tee, shall receive and give discharges for any debts, rents, executor, &c.. dues to bind ward. or sums of money belonging to any orphan or minor, for whom &c. the said executor, administrator, guardian or trustee was entrusted, all such discharges and receipts shall be binding upon the orphan or minor and his heirs when he shall come to full age, and shall be effectual in law to discharge the person taking the same; Provided, however, That nothing herein contained shall discharge the executor, administrator, guardian or trustee from accounting to the orphan or minor where such receipt or discharge shall not have been legally given, or given for a fraudulent purpose. (c) for debts and SEC. 27. It shall be the duty of all executors and administra- Advertisement tors, on taking out letters testamentary or letters of adminis- demands. tration, to cause an advertisement to be published once a week for the space of eight weeks, in some newspaper printed in the county, in or nearest to that wherein the said letters testamentary or of administratiou shall have been granted, calling upon (a) Sec. 14. Act of November 20, 1828, as amended by Sec. 5, Chap. 1447, Act of Dec. 6, 1964. (a) Secs. 17 and 18, Act of Nov. 20, 1828, (b) Sec. 4, Act of Feb. 15, 1832, as amended by Sec. 2, Act of March 4, 1839. (c) Sec. 40, Act of Nov. 20. 18:28. Debts of de six months. all persons who have any demands against the estate of the deeeased, to present them without delay to such executors or administrators. (a) SEC. 28. No executor or administrator shall be compelled to ceased not to be pay the debts of the testator or intestate until after the expicoerced till after ration of six months from the taking out letters testamentary or letters of administration; and if any person shall bring any action against any executor or administrator within the aforesaid six months, the plaintiff, although he may obtain judgment for the amount of his demand, shall not recover any costs in his suit, nor have execution on his judgment until after the expiration of the said six months; nor shall any execution issue on any judgment rendered against the deceased in his lifetime, without being revived by scire facias, nor until after the expiration of the six months aforesaid. (b) Legacies and distribution, SEC. 29. No legacy or distribution shall be required of any executor or administrator until the expiration of six months when required. from the taking out of letters testamentary or letters of administration, nor shall executors or administrators be compelled to pay legacies, or make distribution, until bond and security be given by the person entitled to the same, to refund a due proportion of any debts or demands which may afterward appear against the estate, and all costs which may be awarded on the same: Provided, That such debt or demand shall appear within two years after granting the letters testamentary or letters of administration. (c) All debts not presented within two years barred. 3 Fla., 72. 8 Fla., 206. 16 Fla., 1. SEC. 30. All debts and demands, of whatsoever nature, against the estate of any testator or intestate, which shall not be exhibited within the said two years, shall forever afterward be barred: Provided, That the executor or administrator shall, by an advertisement, to be published once a week for the space of four weeks, in some newspaper printed in this State, give notice to all creditors, legatees, and persons entitled to 9 Fla., 189-187. distribution, that their claims and demands will be barred at the expiration of the period aforesaid, unless exhibited within the same; saving, however, to married women, infants, persons of unsound mind, imprisoned, or beyond the limits of the United States, in the military or naval service thereof during war, the said term of two years after their respective disabilities shall be removed, to exhibit their respective demands to said executors or administrators. (d) 15 Fla., 553. 5 Fla., 83. 13 Fla., 393. 16 Fla, 519. 7 Fla., 301. the debts are to be paid. SEC. 31. The executors and administrators shall pay the Order in which debts of the deceased in the following order: First, the necessary funeral expenses; next, debts due for board and lodging during the last sickness of the deceased; next, physician's and surgeon's bills, for medicine and attendance during the last sickness of the deceased; next, judgments of record rendered and docketed in this State during the lifetime of the deceased, 11 Fla., 111-113. (a) Sec. 28, act of Nov. 20, 1828. (c) Sec. 38, act of Nov. 20, 1828. and all debts due to this State; and finally, all other debts, whether by specialty or otherwise, without distinction of rank. (a) SEC. 32. Hereafter debts incurred during the last sickness Accounts of of a deceased person, for nursing and attendance, or for medi- apothecaries and for nursing. cine by an apothecary, be placed in the order of payment on how and when to be paid. equal footing with physicians' bills for medicine and attendance. (b) SEC. 33. After all debts and legacies have been paid, the Distribution, property remaining in the hands of the executor or administra- made. tor shall be distributed according to the provisions of the law 9 Fla., 187. regulating descents. (c) when to be 17 Fla., 820. SEC. 34. Executors or administrators, whether it be neces- Sale of perishasary for the payment of debts or not, shall, as soon as conve-ble goods and nient after they shall be qualified, sell at public sale all such chattels goods of their testator or intestate, specific legacies excepted, as are liable to perish, be consumed, or rendered worse by keeping, giving such credit as they shall judge best and the circumstances of the estate will admit of, taking bonds or 7 Fla., 207. promissory notes with good security of the purchasers, and 15 Fla., 67. shall account for such goods according to the sales; if more be sold than will pay the debts and expenses, the executors and administrators may assign said bonds and notes for the surplus to those entitled to the estate, and be discharged for so much. (d) SEC. 35. If such perishable goods be not sufficient for the Sale of other payment of debts and expenses, the executors or administra- persona'ty. tors shall proceed to sell the other personal estate until the debts and legacies be all paid, having regard to the specific legacies: Provided, That if any testator direct that his estate shall not be appraised or sold, the same shall be preserved in specie, and an inventory only made thereof and deposited, unless a sale be necessary for the payment of debts. (d) SEC. 36. It shall be the duty of executors and administrators, Account sales when they sell the personal property of their testator or intes- to be filed. tate, to deliver to the judge a complete schedule of the property sold, signed by the said executors or administrators, or such of them as shall have made the sale, which said schedule shall contain a description of the articles, of the names of the purchasers, and the amount, and shall be filed in the office of the Judge of the County Court within sixty days after the said sale shall have been made. (d) Real estate de- SEC. 37. Real estate shall be considered assets in the hands 17 Fla., 122. of an executor or administrator. (a) 16 Fla., 151. 4 Fla, 474. SEC. 38. Real estate in hands of an executor or an adminisShall be equally trator shall be equally liable with personal property to levy liable with per and sale under an execution upon any judgment against such sonal property (a) Sec. 29, act of Nov 20, 1828 by sec. 1. act of Feb. 12, 1832. c) Sec. 49. act of Nov. 20, 1828. (d) Secs. 19, 20, and 21, act of Nov. 20, 1825. (a) Sec. 1. Chap. 1732. Act of February 16. 1870. to execution. |