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Letters of one revoked or surrendered, others to proceed.

Administration of goods unadministered, when to be granted.

If executor or administrator die,

be revoked, how to account.

SEC. 39. If there be more than one executor or administrator of an estate, and the letters of part of them be revoked or surrendered, or a part die, those who remain shall discharge all the duties required by law respecting the estate.

SEC. 40. If all the executors or administrators of an estate die or resign, or their letters be revoked, in cases not otherwise provided for, letters of administration, of the goods remaining unadministered, shall be granted to those to whom administration would have been granted if the original letters had not been obtained, or the person obtaining them had renounced the administration, and the administrator shall perform the like duties and incur the like liabilities as the former executors or administrators.

SEC. 41. If any administrator or executor die, resign, or his resign, or letters letters be revoked, he, or his legal representatives, shall account for, pay and deliver to his successor, or to the surviving or remaining executor or administrator, all money, real and personal property of every kind, and all rights, credits, deeds, evidences of debt, and papers of every kind, of the deceased, at such times and in such manner as the court shall order, on final settlement with such executor or administrator, or his legal representatives. SEC. 42. The succeeding administrator, or the remaining exquent and his ae- ecutor or administrator, may proceed at law against the delinquent and his securities, or either of them, or against any other person possessed of any part of the estate.

Who may proceed against the delin

Failing to make settlement after citation, conrt may revoke letters.

Delinquent to pay costs of citation or attachment.

Executor or administrator of member of copartnership to make inventory and appraise property.

SEC. 43. If any executor or administrator fail to make either annual or final settlement, as required by law, and do not show good cause for such failure after citation, the probate court shall order the executor or administrator to give notice when required, and to make such settlement, and may enforce obedience to such order by attachment, or may revoke his letters.

SEC. 44. In all cases where citation or attachment may be issued against any executor or administrator for failing to settle his accounts, such delinquent shall pay all costs incurred thereby.

SEC. 45. The executor or administrator on the estate of any deceased member of a co-partnership shall include in the inventory, which he is required by law to return to the probate court, the whole of the partnership estate, goods and chattels, rights and credits, appraised at its true value, as in other cases, but the appraisers shall carry out in the footing an amount equal only to the deceased's proportional part of the co-partnership interest.

SEO. 46. The property thus appraised shall remain with the

delivered to sur

viving partner.

Such partner to give bond.

executor or administrator, or be delivered over, as the case may Property may be be, to the surviving partner, who may be disposed to undertake the management thereof, agreeably to the conditions of a bond, which he shall be required to give to the Territory of Kansas, in such sum, and with such securities as is required in other cases of administration.

Condition of the

SEC. 47. The condition of such bond shall be, in substance, as bond. follows: "The condition of the above bond is, that if A. B., surviving partner of the late firm of

shall use due diligence and fidelity in closing the affairs of the late co-partnership, apply the property thereof towards the payment of the partnership debts, render an account, upon oath, to the probate court, whenever by it thereunto required, of all the partnership affairs, including the property owned by the late firm, and the debts due thereto, as well as what may have been paid by the survivor towards the partnership debts, and what may still be due and owing therefor, and pay over, within two years, unless a longer time be allowed by the probate court, to the executor or administrator, the excess, if any there be beyond satisfying the partnership debts, then the above bond to be void, otherwise to remain in full force.

bate court over

SEC. 48. The probate court shall have the same authority to Authority of procite such survivor to account, and to adjudicate upon such ac- survivor. count, as in the case of an ordinary administrator, and the parties interested shall have the like remedies, by means of such bond, for any misconduct or neglect of such survivor, as may be had against administrators.

Survivor refusing

to act, executor or administrator to

ive bond and partnership es

take possession of


SEC. 49. In case the surviving partner, having been duly cited for that purpose, shall neglect or refuse to give the bond required in the forty-sixth and forty-seventh sections of this chapter, the executor or administrator on the estate of such deceased partner, in giving a bond, as provided in the following sections, shall forthwith take the whole partnership estate, goods and chattels, rights and credits, into his own possession, and shall be authorized to use the name of the survivor in collecting the debts due the late firm, if necessary; and shall, with the partnership property, pay the debts due from the late firm, with as much expedi- His duties. tion as possible, and return or pay to the surviving partner his proportion of the excess, if there be any.

To give further


SEC. 50. Before proceeding to administer upon such partner- bond: its condiship property, as provided in the preceding section, such executor or administrator shall be required by the probate court to give

Survivor to exhibit, and, in certain cases, to sur render partnerskip property.

Failing to comply, may be cited.


Two or more ex-; ecutors, clerk

bond from each,

further bond, to its satisfaction, conditioned that he will faithfully execute that trust, with no unnecessary waste or expense, which bond may be enforced like other administration bonds.

SEC. 51. Every surviving partner, on the demand of any [executor or] administrator of a deceased partner, shall exhibit to the appraisers, the partnership property belonging to the firm at the time of the death of such deceased partner, for appraisement; and in case the administration thereof shall devolve upon such executor or administrator, the said survivor shall surrender to him, on demand, all the property of such partnership, including their books and papers, and all necessary documents pertaining to the same, and shall afford him all reasonable information and facilities for the execution of his trust.

SEC. 52. Every surviving partner, who shall neglect or refuse to comply with the provisions of the preceding section, may be cited for such neglect or refusal before the probate court, and unless he comply with such provision, or show sufficient excuse for his omission, the probate court may commit him to the common jail of the county, there to remain until he consent to comply, or is discharged by due course of law.

SEC. 53. When two or more persons are appointed executors, may take separate the court, or clerk in vacation, may take a separate bond with or joint bond from securities from each of them, or a joint bond with securities from all of them.


Letters testamen

tary and of ad-
ministration not
to be granted to

Executors and administrators to collect and take

SEC. 54. Letters testamentary and of administration shall in no case be granted to a non-resident of this Territory; and where an executor or administrator shall become non-resident, the probate court, having jurisdiction of the estate of the testator or intestate of such executor or administrator, shall revoke his letters.

Of their Duties respecting Money and Property. SEO. 55. Every executor and administrator, immediately after charge of estate. receiving letters, shall collect and take into possession the goods, chattels, money, books, papers and evidences of debt, or of title to any real or personal estate, except the property reserved as the absolute property of the widow.

To make and return inventory.

SEC. 56. He shall make an inventory of all the real and personal estate of the deceased, describing the quantity, situation and title of the real estate, also the books and papers, the debts due, or to become due, to the deceased, the names of debtors, the date of the contract, the amount of interest then due thereon, the

rate of interest, and such further description as will render it a perfect inventory of the estate.

annexed to the in

SEC. 57. He shall annex to the inventory an affidavit, stating Amdavit to he that it is a full inventory and description of all the money, goods, ventory. chattels and estate, real and personal, books, papers and evidences of debt and of title of the deceased, and of all debts due and becoming due, so far as he can ascertain them, except the property rescrved as the absolute property of the widow, and that he was not indebted or bound in any contract to the deceased at the time of his death, except as stated in the inventory.

fidavit, when and where to be filed.

SEC. 58. The inventory with the affidavit, shall be filed in the Inventory and afoffice of the clerk of the probate court within sixty days after the letters are granted.

Additional inven

Witnesses shall

be appointed to accompany exetrator in opening

cuter or adminis and examining and to aid in mak

effects of deceased

ing inventory.

SEC. 59. If, after making the first inventory, any other real or tories, when to be personal estate of the deceased come to his possession or knowl- made. edge, he shall file a similar additional inventory thereof. SEC. 60. At the time of appointing an administrator, or of granting letters testamentary to an executor, the court, or clerk in vacation, shall name two respectable householders of the vicinity of the last abode of the deceased, who are disinterested and of no kin to the administrator or executor, as witnesses to accompany and aid the administrator or executor in opening and examining the papers and money of the deceased, and in making an inventory thereof; and if they fail to attend, the court or clerk shall appoint others in their stead, so that two witnesses shall be present to attend the proceeding, before it shall be lawful for any executor or administrator to open or examine such papers or money, by virtue of his appointment.

SEC. 61. The probate court shall allow such witnesses a compensation for such duties, not exceeding that allowed to appraisers.

SEC. 62. If any administrator or executor open or examine the papers or money of the deceased without the publicity and attestation provided in this act, he shall forfeit and pay, to the persons entitled to the estate, a sum not exceeding five thousand dollars, to be recovered before the probate court.

SEC. 63. If the executor or administrator, or other person interested in any estate, file an affidavit in the probate court, stating that the affiant has good cause to believe, and does believe, that any person has concealed or embezzled any goods, chattels, moneys, books, papers or evidences of debt of the deceased, the probate court may cite such person to appear before them, and

Their compensa

To open and ex

amine effects of deceased without

witnesses, penal

ty for.

Amdavit filed celing or em

against persons

effects, citation to issue.

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Estate to be appraised, by whom.

Affidavit of appraisers.

Duty of apprais

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Appraisement, &c., when and

compel such appearance by attachment, and examine him and other witnesses, on oath, for the discovery of the same.

SEC. 64. If any such person refuse to answer proper interrogatories, the court may commit him to jail until he answer or be discharged by due course of law.

SEC. 65. If any person charged and cited as aforesaid shall appear, and, in his answers to the interrogatories, deny the right of the executor or administrator to such goods, chattels, moneys, books, papers, or evidences of debt, the right thereof shall be tried by a jury, or if neither party require a jury, by the court, in a summary manner, and judgment shall be rendered according to the right, and for costs.

SEC. 66. If any person be convicted of unlawfully detaining such goods, chattels, money or effects, books, papers or evidences of debt, the court may compel the delivery thereof by attach


SEC. 67. After having collected the personal estate, the executor or administrator shall cause the same to be appraised by three disinterested householders of the county.

SEC. 68. Before entering on their duties, the appraisers shall make an affidavit, stating that they are not interested, nor of kin to any person interested in the estate, as heir or devisee, and that they will to the best of their ability, view and appraise the personal estate to them produced.

SEC. 69. The appraisers shall view and appraise such property, and make a list specifying each article appraised, its value, and total amount of the appraisement, which shall be signed by the appraisers, or two of them.

SEC. 70. The appraisement and affidavits shall be filed in the where to be filed. office of the clerk of the probate court, within sixty days after letters granted.

Compensation to appraisers.

Additional ap

praisement, when to be made.

Inventories and appraisements,

SEC. 71. Each appraiser shall receive from the estate one dollar per day for his attendance.

SEC. 72. Every executor or administrator shall cause similar appraisements to be filed of all personal estate, which shall come to his possession after the first appraisement.

SEC. 73. Inventories and appraisements may be given in evihow far evidence. dence, but shall not be conclusive for or against any executor or administrator, but other evidence may be introduced to vary the effect thereof.

When and how

SEC. 74. Within thirty days after letters are granted, the exall be published ecutor of administrator shall publish, in some newspaper in the

notice to creditors

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