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, when there no

give receipts, and


county, and if there be no newspaper published in the county,
then in some newspaper of general circulation in the Territory,
and publish therein for three weeks, a fotice that letters testa-
mentary, or of administration have been granted to him, stating
the date and requiring all persons having claims against the
estate, to exbibit them for allowance to the executor or adminis-
trator within one year after the date of the letters, or they may
be precluded from any benefit of such estatc ; and that if such
claims be not exhibited within three years from the date of the
letters, they shall be forever debarred.

SEC. 75. When an intestate has left no known heirs, the ad- When and how to
ministrator shall also publish a notice for six weeks in some thing abouters.
newspaper, containing the name of the intestate, a description of
his person, the time and place of his death, the place of his na-
tivity, if known, and the appraised amount of his estate.

Sec. 76. Executors and administrators shall collect all money may colloce debes, and debts of every kind due to the deceased, and give receipts progcento and deand discharges therefor, and shall commence and prosecute all actions which may be maintained and are necessary in the course of his administration, and defend all such as are brought against him.

Sec. 77. They shall prosecute and defend all actions com- ecutors, etc., mag menced by or against the deceased, at the time of his death, and fend. which might have been prosecuted or maintained by or against such executor or administrator.

SEO. 78. For all wrongs done to the property, rights or inter- hot hatenationer og ests of another, for which an action might be maintained against the wrong doer, such action may be brought by the person injured, or, after his death, by his executor or administrator against such wrong doer, and after his death, against his executors or administrators, in the same manner and with the like effect, in all respects as actions founded upon contracts.

Sec. 79. The preceding section shall not extend to actions for not to extend to slander, libel, assault and battery, or false imprisonment, nor to actions on the case for injuries to the person of the plaintiff, or to the person of the testator or intestate of any executor or administrator.

Sec. 80. All debts due by an administrator to his testator or Debts due by erintestate, shall be considered as assets in his hands.

Sec. 81. If any person appoint his debter executor of his Dentop eppointed will, such appointment shall not discharge the debt, but it shall consiuurid Asseta. be assets in his hands.

What actions ex

prosecute and do

be by and against executors and adminisiratory.


ecutora, &c., to be assets.




Articles allowed widow in addition to dower.

Sec. 82. In addition to her portion of her deceased husband's estate, the widow shall be allowed to keep absolutely, for the use of herself and family, all the wearing apparel of the family, her wheels, looms and other implements of industry; all yarn,

cloth and clothing made up in the family for their own use; all grain, meat, vegetables, groceries, and other provisions on hand, and

261-297. provided and necessary for the subsistence of the widow and her

To be deducted from her dower in

, not

Sale of perishablo property, how to be made.

If insufficient to pay debts, other sold.

family for twelve months, and as many beds, with bedding, as
shall be necessary for herself and the family of the deceased re-
siding with her, and under her control, of which an inventory
shall be made by the executor or administrator, and filed in the
probate court.

Sec. 83. The widow shall apply for such property named in liable for debts the preceding section, before the same be distributed or sold, and

the property so delivered shall in no case be liable for the pay-
ment of the debts of the deceased.

Sec. 84. Every executor or administrator, after the appraise-
ment, shall sell at public sale all goods and chattels of the de-
eeased that are liable to perish, be consumed or rendered worse
by the keeping, except such as are reserved by the widow, giving
such credit as he may think best, and take bonds or notes, with
good security, of the purchaser.

Sec. 85. If the perishable goods be not sufficient to pay the pogonality to be debts, the executor or administrator shall, in the same manner,

sell other personal estate, until the debts and legacies be all paid ;
but specific legacies shall not be sold in any case, unless it be
necessary for the payment of the debts.

SEC. 80. Executors and administrators may assign the notes to creditori devons and bonds of the estate to creditors, legatees and distributees, in

discharge of such an amount of their claims equal to the amount
of such bond or vote.

Sec. 87. They shall give notice of the time and place of sale,
for three weeks, in some newspaper in the county, or by hand-
bills, put up in eight public places in the county where the sale
is made.

Sec. 88. If any testator directs his estate not to be sold, the saine shall be reserved, unless such sale be necessary for the pay

ment of debts.
All tho personal Sec. 89. When there are no known heirs or legal representa-

tives, the administrator shall sell all the personal estate of the
deceased, within one year after administration is granted.

Sec. 90. If any executor or administrator apply to the pro-
bate court for permission to sell the personal estate of the de-

Bonds and notes to ay be assigned

and utees.

Yotice of sale, how and when given.

Estate of testator, when not to be Bold.

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estate to be cold, when there are no known heirs.

Perronal estato may be sold at private sale, when.

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ceased, or any part thereof, at private sale, and the court be satisfied that such sale would not be predjudicial to the persons interested in the estate, it may order such sale and prescribe the terms thereof.

SEC. 91. In every public sale, the executor or administrator proyed at publie shall employ a competent clerk, not interested nor of kin to any

erisee of the estate. Sec. 92. Such clerk shall keep a true account of the sale His doties. made, make a list of sales, specifying each article sold, the price and the name of the purchaser, and shall annex his affidavit to such list, stating that the same is a true account of the sales made by such executor or administrator, at the time specified.

Sec. 93. Such sale bill shall be filed by the executor or ad- and where filed. ministrator, in the office of the clerk of the probate court, within thirty days after the sale, and it shall be evidence in the same manner and with like effect as inventories.

Sec. 94. Executors and administrators, under the direction of by order of court. the probate court, shall lease the real estate for any term not more than three years, and shall receive and recover the rents.

Seo. 95. When any house, out building, fence or other im- Recept provements on the real estate require repairs, the probate court may, on the application of any person interested, order the executor or administrater to cause the necessary repairs to be made without prejudicing creditors.

Sec. 96. At every term, the probate court shall examine all fled, when to his inventories, appraisements and sale bills filed since the last term, bate court, ko! to see if they have been made and filed according to law, and shall issue citations to compel all delinquents to comply with the law.

Sec. 97. If a person die, leaving horses or other stock that Aing care of.. require attention, crops ungathered, property so exposed as to be procured. in danger of loss in value, or work in an unfinished state, so that the estate would suffer material loss from the want of care and additional labor, the executor or administrator may, until the meeting of the probate court, procure such indispensable labor to be performed on the most reasonable terms.

Sec. 98. The probate court, on the application of any person and when a interested, may in such cases authorize further labor to be per- ses, bow paid! formed, as the interests of the estate require and all sums thus paid, if approved by the court, shall be allowed as expenses of administration.

on real estate made by order of court.

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of the court.

Statement on oath of money on hand,

Disposition of money on hand, when and how wade.

Sec. 99. All interest received by executors or administrators y executor of ad- on debts due to the deceased, shall be assets in their hands, and

if they lend the money of the deceased, or use it for their private
purposes, they shall pay interest thereon to the estate.

Sec. 100. The probate court shall exercise an equitable conequitible control

trol in making executors and administrators account for interest
accruing to the estate on account of money loaned by them be-
longing to the estate or otherwise, and for that purpose may take
testimony, or examine the executor or administrator on oath.

Seo. 101. Every executor and administrator, at the second when to be made term after the one at which he is required to make settlement,

shall render to the probate court a statement, on oath, of the
amount of money of the estate actually on hand.

Sec. 102. If, on the return of the inventory, or at any other
time, it shall appear to the satisfaction of the probate court that
there is a surplus of money in the hands of the executor or ad-
ministrator, that will not be shortly required for the expenses of
administration, or payment of debts, it shall have discretionary
power to order him to lend out the money on such terms, and for
such time, as may be deemed best.

Sec. 103. The probate court may at any time make such orders as the interest of the estate may require, for the speedy collection of debts, or the sale or distribution of personal property.

Sec. 104. All executors and administrators may give receipts ai scherming effect and discharges for money received by them on account of the de

ceased; but if there be more than one executor or administrator,
a majority shall join in such receipt or discharge, or they shall
be void.

SEC. 105. If personal property shall be bound by the lien of
Wtor or adminis- an execution or executions, whether such execution or executions

shall have been levied or not at the time of the death of the tes-
tator or intestate, the executor or administrator shall, neverthe-
less, inventory, cause to be appraised, and sell the same as if no
such lien existed, except that a separate inventory, appraisement
and sale bill of such property, shall be made and returned.

Sec. 106. The proceeds of the sale of such personal property
shall be applied, under the direction of the probate court, in the
following manner : First, When there is but one execution, to
the payment of such execution, and the residue, if any, shall be
assets to be administered according to law. Second, When there
is more than one execution, the liens whereof are of even date, to

Orders for collec. Lion, sale and dig. oribution, when made.

Becutors and administrators may ave and

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the payment of such executions, and the residue, if any, shall be assets, to be administered according to law; but if such proceeds shall not be sufficient to pay the whole, then in proportion to their respective amounts. Third, When there is more than one execution, the liens whereof are of uneven dates, and such proceeds shall not be sufficient to pay the whole, to the payment thereof, according to their priority of lien.

Sec. 107. The provisions of the two preceding sections shall Preceding provisnot be construed to deprive the widow of the benefit of the eighty- to eertain cases. third section of this chapter, nor to deprive the demands classed in the first and second sub-divisions of the one hundred and forty-third section of this chapter, of their precedence over all other demands against the estate of the deceased.

Sec. 108. In all cases where any person shall die, leaving a to certain cases, widow or other family, the probate court has power, if in its beste som opinion it will not be predjudicial to creditors, and will be advan- sold. tageous to such widow or others entitled to distribution in the estate, to order that no more of the personal estate shall be sold than will be sufficient to pay the debts : Provided, The probate court shall take good and sufficient security that the property shall be forthcoming to answer the demand of any creditor, or others concerned in the estate.

Sec. 109. In the cases specified in the preceding section, the Appraisement. executor or administrator shall make an inventory and appraise- bilete the price ment of the estate as in other cases, but he shall leave such per

or family. sonal property as is ordered not to be sold, in possession of the widow or other family, who shall use and enjoy the same until the probate court shall order such property to be administered.

Sec. 110. If property is about to be sold in the vacation of Snupension of the probate court, any judge of such probate court has power, be ordered in upon the petition of the executor or administrator, or of any other person interested in the estate, to order the suspension of such sale until the next term of the probate court.

Sec. 111, In any case where the court has ordered that prop- in case of injury: erty shall not be sold, if it shall appear to the probate court that pourteney those such property is likely to be injured or wasted, or that those interested therein would be benefitted thereby, such court shall order that such estate be forthwith administered; and in such cases the rights of all persons interested shall be the same as if the order, provided for in the one hundred and ninth section of this chapter, had not been made. Sec. 112. For good cause shown, the probate court may con


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