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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 notice 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 exhibit 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 estate; 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-
ministrator shall also publish a notice for six weeks in some
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 and debts of every kind due to the deceased, and give receipts and 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.

When and how to weirs.

advertise, when there

may collect debts, presente and do

Administrator

give receipts, and fend actions.

What actions ex

prosecute and de

SEC. 77. They shall prosecute and defend all actions com- ecutors, &c., may 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.

be maintained and against exec

isirators.

SEC. 78. For all wrongs done to the property, rights or inter- What actions may ests of another, for which an action might be maintained against ators and adminthe 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.

certain cases.

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.

ecutors, &c., to be assets.

SEC. 80. All debts due by an administrator to his testator or Debts due by exintestate, shall be considered as assets in his hands. SEC. 81. If any person appoint his debter executor of his Debtor appointed will, such appointment shall not discharge the debt, but it shall considered assets. be assets in his hands.

executor, his debt

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

361-297% provided and necessary for the subsistence of the widow and her

To be deducted from her dower in

liable debts.

family for twelve months, and as many beds, with bedding, as

shall be necessary for herself and the family of the deceased residing 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 person not the preceding section, before the same be distributed or sold, and the property so delivered shall in no case be liable for the payment of the debts of the deceased.

Sale of perishable property, how to be made.

If insufficient to pay debts, other

sold.

SEC. 84. Every executor or administrator, after the appraisement, shall sell at public sale all goods and chattels of the deeeased 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 personality 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.

Bonds and notes

may be assigned

to creditors, lega

SEC. 86. Executors and administrators may assign the notes ntees and distrib- 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 note.

utees.

Notice of sale, how and when

given.

Estate of testator, when not to be sold.

All the personal

estate to be sold,

SEC. 87. They shall give notice of the time and place of sale, for three weeks, in some newspaper in the county, or by handbills, 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 same shall be reserved, unless such sale be necessary for the payment of debts.

SEC. 89. When there are no known heirs or legal representawhen there are no tives, the administrator shall sell all the personal estate of the deceased, within one year after administration is granted.

known heirs.

Personal estato

may be sold at private sale, when.

SEC. 90. If any executor or administrator apply to the probate court for permission to soll the personal estate of the de

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.

Clerk to be em

sale.

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

SEC. 92. Such clerk shall keep a true account of the sale His duties. 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.

Sale bill, when

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.

Real estate leased

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 improvements on the real estate require repairs, the probate court may, on the application of any person interested, order the execator or administrater to cause the necessary repairs to be made without prejudicing creditors.

SEC. 96. At every term, the probate court shall examine all inventories, appraisements and sale bills filed since the last term, 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.

on real estate made by order of court.

Inventories, ke..

led; when to be bate court, &o.

examined by pro

Assistance in ta

king care of o

tate, when to be

SEC. 97. If a person die, leaving horses or other stock that 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.

per

Further assist

thorized; expenSCB, how paid.

SEC. 98. The probate court, on the application of any person ance, when aninterested, may in such cases authorize further labor to be 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.

Interest on debts,

when assets;

when to be paid

ministrator.

SEG. 99. All interest received by executors or administrators by executor or 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.

To be accounted for under the

equitable control

of the court.

Statement on oath of money on hand, when to be made.

Disposition of money on hand, when and how anade.

Orders for collection, sale and dis@ribution, when made.

Executers and ad

ministrators may

discharges, effect

af.

SEC. 100. The probate court shall exercise an equitable control in making executors and administrators account for interest accruing to the estate on account of money loaned by them belonging to the estate or otherwise, and for that purpose may take testimony, or examine the executor or administrator on oath.

SEC. 101. Every executor and administrator, at the second 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 administrator, 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 reet and discharges for money received by them on account of the deceased; but if there be more than one executor or administrator, a majority shall join in such receipt or discharge, or they shall be void.

If property bound

by lien of execu

tion, duty of exec

trator to sell the same.

SEC. 105. If personal property shall be bound by the lien of ator 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 testator or intestate, the executor or administrator shall, nevertheless, 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.

How the proceeds of such sale shall be applied.

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

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.

ions not to extend to certain cases.

SEC. 107. The provisions of the two preceding sections shall Preceding provis not be construed to deprive the widow of the benefit of the eightythird 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.

a

SEC. 108. In all cases where any person shall die, leaving widow or other family, the probate court has power, if in its opinion it will not be predjudicial to creditors, and will be advantageous 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.

In certain cases, portion of perso

only a certain

nal estate to

sold.

Such property to be left in posses sion of the widow or family.

SEC. 109. In the cases specified in the preceding section, the Appraisement. executor or administrator shall make an inventory and appraisement of the estate as in other cases, but he shall leave such personal 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 the probate court, any judge of such probate court has power, 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.

Suspension of ordered in

sales of such property may vacation of court.

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injury,

property, the such order.

SEC. 111. In any case where the court has ordered that prop-In case of to such erty shall not be sold, if it shall appear to the probate court that court may rescind 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.

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SEC. 112. For good cause shown, the probate court may con- tinue proceedings

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