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§ 656. To render an exhibit. When required by the court, either upon its own motion or upon the application of any person interested in the estate, the executor or administrator must render an exhibit under oath, showing the amount of money received and expended by him, the amount of all claims presented against the estate, and the names of the claimants, and all other matters necessary to show the condition of its affairs. Kerr's Cyc. Code Civ. Proc. (Kerr's Stats. and Amdts., p. 502), § 1622.

ANALOGOUS AND IDENTICAL STATUTES.

No identical statute found.

Arizona. Rev. Stats. 1901, par. 1854.
Colorado. 3 Mills's Ann. Stats., sec. 4796.
Idaho. Code Civ. Proc. 1901, sec. 4242.
Montana. Code Civ. Proc., sec. 2780.
New Mexico. Comp. Laws 1897, sec. 2005.
North Dakota. Rev. Codes 1905, § 8185.
Oklahoma. Rev. Stats. 1903, sec. 1720.
South Dakota. Probate Code 1904, § 272.
Utah. Rev. Stats. 1898, sec. 3941.
Washington. Pierce's Code, § 2637.

§ 657. Form. Exhibit for information of court.

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administrator of the estate of
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ders the following exhibit for the information of the court.

deceased, ren

Statement of Moneys Received by Administrator.5

[Give items, with date, from whom received, source from which the money comes, and amount of each item, with the total amount.]

Statement of Moneys Expended by Administrator."

[Give items, with date, to whom paid, and amount of each item, with the total amount.]

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Balance in hands of administrator, $

Amount of Claims, and Names of Claimants.

The following are the names of those who presented claims against the estate, and the amount of their demands: The following claims have been presented, but not yet. allowed: All other claims have been approved and

filed.

State all other matters necessary to show the condition of the affairs of the estate.

Attorney for Administrator."

Administrator.8

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being duly sworn, says that he has read the foregoing exhibit, and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on his information and belief, and as to those matters he believes it to be true. Administrator.12

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Subscribed and sworn to before me this

19-.

day of Notary Public, etc.13

2. Title of court.

3. Or,

Explanatory notes. 1. Give file number. City and County. 4-9. Or, executor. 10. Or, City and County. 11, 12. Or, executor, etc. 13. Or other officer taking the oath.

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day of

That he is a creditor of said estate, and that his claim of dollars ($) has been duly presented, allowed, approved, and filed in this court, but has never been paid; That was duly appointed administrator of said estate on the 19, immediately qualified as such, and entered upon the duties of his trust, but that since said appointment was made said administrator has not rendered, for the information of this court, any exhibit showing the condition of the affairs of said estate.

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Wherefore petitioner prays that this court make an order requiring the said administrator to appear and render an exhibit, under oath, showing the amount of money received and expended by him, and all other matters necessary to show the condition of the affairs of said estate.

Attorney for Petitioner.

Petitioner.

Explanatory notes. 1. Give file number. 2. Title of court. 3. Or, City and County. 4. Or, the petition may be addressed to the judge. 5. Or, that was duly appointed executor of the last will of deceased. 6, 7. Or, executor.

§ 659. Form. Order requiring administrator to render exhibit.

[Title of estate.]

[Title of court.]

{No.

1 Dept. No. [Title of form.]

It being shown to the court 2 from the petition of

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failed to render an exhibit for the information of the court; and the court being satisfied from the testimony of witness produced and sworn, that the facts alleged in said. petition are true and that good cause exists therefor, It is ordered, That estate, be, and he is hereby, required to appear before this court, at the court-room thereof, at

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the administrator of said

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on the

day

o'clock in the forenoon"

of said day, and render such exhibit; and that a copy of

this order be served on said administrator at least five

days before said

Dated

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19.

Judge of the

Court.

Explanatory notes. 1. Give file number. 2. Or, to the judge 5. State location. 6. Or, afternoon.

thereof.

3, 4. Or, executor.

7. Or, executor. 8. Or other time, as the court may direct.

§ 660. Objections to account. Revocation of letters. When an exhibit is rendered by an executor or administrator, any person interested may appear and, by objections in writing, contest any account or statement therein contained. The court may examine the executor or administrator, and if he has been guilty of neglect, or has wasted, embezzled, or mismanaged the estate, his letters must be revoked. Kerr's Cyc. Code Civ. Proc., § 1626.

ANALOGOUS AND IDENTICAL STATUTES.

The indicates identity.

Arizona.* Rev. Stats. 1901, par. 1858.
Idaho.* Code Civ. Proc. 1901, sec. 4246.
Montana.* Code Civ. Proc., sec. 2784.
North Dakota.* Rev. Codes 1905, § 8189.
Oklahoma.* Rev. Stats. 1903, sec. 1724.
South Dakota.* Probate Code 1904, § 276.
Washington.* Pierce's Code, § 2641.
Wyoming.* Rev. Stats. 1899, sec. 4716.

§ 661. Attachment for not obeying citation. If any executor or administrator neglects or refuses to appear and render an exhibit, after having been duly cited, an attachment may be issued against him and such exhibit enforced, or his letters may be revoked, in the discretion of the court. Kerr's Cyc. Code Civ. Proc., § 1627.

ANALOGOUS AND IDENTICAL STATUTES.
The indicates identity.

Arizona.* Rev. Stats. 1901, par. 1859.
Idaho.* Code Civ. Proc. 1901, sec. 4247.
Montana.* Code Civ. Proc., sec. 2785.
New Mexico. Comp. Laws 1897, sec. 2006.
North Dakota.* Rev. Codes 1905, § 8190.
Oklahoma.* Rev. Stats. 1903, sec. 1725.
South Dakota.* Probate Code 1904, § 277.
Washington. Pierce's Code, § 2642.
Wyoming.* Rev. Stats. 1899, sec. 4717.

§ 662. Accounting within thirty days after time for notice to creditors has expired. Within thirty days after the expiration of the time mentioned in the notice to creditors within which claims must be exhibited, every executor or administrator must render a full account and report of his administration. If he fails to present his account the court or judge must compel the rendering of the account by attachments, and any person interested in the estate may apply for and obtain an attachment; but no attachment must issue unless a citation has been first issued, served and returned, requiring the executor or administrator to appear and show cause why an attachment should not issue. Every account must exhibit all debts which have been presented and allowed during the period embraced in the account. Kerr's Cyc. Code Civ. Proc., § 1628.

ANALOGOUS AND IDENTICAL STATUTES.

The indicates identity.

Alaska. Carter's Code, secs. 859, 860, p. 322.

Arizona.*

Rev. Stats. 1901, par. 1860.

Colorado. 3 Mills's Ann. Stats., secs. 4796, 4808.

Idaho.* Code Civ. Proc. 1901, sec. 4248.
Kansas. Gen. Stats. 1905, §§ 3023, 3025.
Montana.* Code Civ. Proc., sec. 2786.
Nevada. Comp. Laws, secs. 2970, 2972.
North Dakota. Rev. Codes 1905, § 8191.
Oklahoma. Rev. Stats. 1903, sec. 1726.

Oregon. Bellinger and Cotton's Ann. Codes and Stats., §§ 1199, 1200.
South Dakota. Probate Code 1904, § 278.

Utah. Rev. Stats. 1898, sec. 3941.
Washington. Pierce's Code, §§ 2478, 2643.
Wyoming.* Rev. Stats. 1899, sec. 4718.

§ 663. Form. Account current and report of executor or administrator.

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renders to the court his first account current and report of his administration of said estate up to and including the day of 19, as follows, to wit: 3

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