SECT. 2. The word estate, used in the fourth and fifth clauses of the first section of the forty-seventh chapter of the Revised Statutes (1 of this chap.) shall be taken and deemed to include both real and personal estate, and the several probate courts within this state are hereby authorized to assign the same agreeably to the provisions of the fourth clause aforesaid. (No. 34 of 1842.) SECT. 3. When any person shall die intestate, being an inhabitant of this state, letters of administration of his estate shall be granted by the probate court of the district, in which he was an inhabitant or resident, at the time of his death; if such deceased person shall, at the time of his death, reside in any other state or country, leaving estate to be administered in this state, administration thereof shall be granted by the probate court of the district in which there shall be estate to be administered; and the administration, first legally granted, shall extend to all the estate of the deceased in this state, and shall exclude the jurisdiction of the probate court of every other district. (Sec. 2 of R. S.) SECT. 4. Administration of the estate of a person, dying intestate shall be granted, to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled to the same, in the order following: First. The widow or next of kin, or both, as the probate court may think proper, or such person as the widow or next of kin may request to have appointed, if suitable and competent to discharge the trust: Second. If the widow or next of kin, or the persons selected by them, shall be unsuitable or incompetent, or if the widow or next of kin shall neglect, for thirty days after the death of the intestate, to apply for administration, or to request that administration may be granted to some other person, the same may be granted to one or more of the principal creditors, if any such are competent and willing to take it: Third. If there be no such creditor competent and willing to take administration, the same may be committed to such other person as the probate court may judge proper. (Sec. 3 of R. S.) SECT. 5. Every administrator, before he enters upon the execution of his trust, and before letters of administration shall be granted him, shall give a bond in such sum, and with such surety or sureties, as the probate court shall order, with the same conditions, as required in the case of an executor, with such alterations only as may be necessary to make them applicable to the case of an administrator. (Sec. 4 of R. S.) SECT. 6. When there shall be a delay in granting letters testamentary or letters of administration, occasioned by an appeal from the allowance or disallowance of a will, or from any other cause, the probate court may appoint an administrator to act in collecting and taking charge of the estate of the deceased, until the question on the allowance of the will, or such other question, as shall occasion the delay, shall be terminated, and an executor or administrator shall be thereupon appointed; and no appeal shall be allowed from the appointment of such special administrator. (Sec. 5 of R. S.) SECT. 7. An administrator, appointed according to the provisions of the preceding section, shall collect all the goods, chattels and debts of the deceased, and preserve the same for the executor or administrator, who may afterwards be appointed; and, for that purpose, may commence and maintain suits as an administrator, and may sell such perishable and other personal estate, as the probate court may order to be sold; and may apply to the court for the appointment of commissioners to allow the claims against the estate, and the court may, if judged expedient, appoint such commissioners, and grant an order requiring creditors to present their claims as in other cases; and, in such case, the claims shall be barred, if not presented according to the order of the court, as provided by law. (Sec. 6 of R. S.) SECT. 8. Such special administrator shall not be liable to an action by any creditor, or to be called upon in any other way to pay the debts against the deceased. (Sec. 7 of R. S.) SECT. 9. Every such special administrator shall, before entering upon the duties of his trust, give a bond as the court shall direct, with a condition, that he will make and return a true inventory of all the goods, chattels, rights, credits and effects of the deceased, which shall come to his possession or knowledge, and that he will truly account for all the goods, chattels, debts and effects of the deceased, which shall be received by him, whenever required by the probate court, and will deliver the same to the person, who shall afterwards be appointed executor or administrator of the deceased, or to such other person, as shall be legally authorized to receive the same. (Sec. 8 of R. S.) SECT. 10. Upon granting letters testamentary or of administration on the estate of the deceased, the power of such special administrator shall cease; and he shall forthwith deliver to the executor or administrator all the goods, chattels, money and effects of the deceased in his hands; and the executor or administrator may be admitted to prosecute to final judgment any suit, commenced by such special administrator. (Sec. 9 of R. S.) SECT. 11. If any person, before granting letters testamentary or of administration on the estate of a deceased person, shall embezzle or alienate any of the moneys, goods, chattels or effects of such deceased person, such person shall stand chargeable and be liable to the action of the executor or administrator of such estate, for double the amount or value of the property so embezzled or alienated, to be recovered for the benefit of such estate; and shall, in no other manner, be liable therefor. (Sec. 10 of R. S.) SECT. 12. When any sole executor or administrator shall die, without having fully administered the estate, the probate court may grant letters of administration with the will annexed, or otherwise, as the case may require, to some suitable person to administer the goods and estate of the deceased not already administered. (Sec. 11 of R. S.) SECT. 13. If an administrator shall reside out of this state, or shall neglect, after due notice by the probate court, to render his account and settle the estate according to law, or to perform any decree of such court, or shall abscond, or become insane, or otherwise incapable or unsuitable to discharge the trust, the probate court may order such administrator to be removed. (Sec. 12 of R. S.) SECT. 14. When an unmarried woman, who is administratrix, alone or jointly with another person, shall marry, her marriage shall extinguish her authority as administratrix. (Sec. 13 of R. S.) SECT. 15. When an administrator shall be removed, or his authority shall be extinguished, the remaining administrator, if any, may execute the trust; if there shall be no other, the probate court may commit administration of the estate, not already administered, to some suitable person, as in case of the death of an administrator. (Sec. 14 of R. S.) SECT. 16. An administrator, appointed in the place of any former executor or administrator, for the purpose of administering the estate not already administered, shall have the same power and shall proceed in settling the estate in the same manner as the former executor or administrator should have had or done; and may prosecute or defend any action commenced by or against the former executor or administrator, and may sue out a scire facias and have execution on any judgment recovered in the name of such former executor or administrator. (Sec. 15 of R. S.) SECT. 17. If, after granting letters of administration by any probate court, on the estate of any deceased person, as if he had died intestate, a will of such deceased person shall be duly proved and allowed by such probate court, the first administration shall, by decree of such court, be revoked, and the powers of the administrator shall cease, and he shall thereupon surrender his letters of administration into the probate court, and render an account of his administration, by such time as the court shall direct. (Sec. 16 of R. S.) SECT. 18. The executor of the will, in such case, shall be entitled to demand, sue for, and collect all the goods, chattels, rights and credits of the deceased, remaining unadministered, and may be admitted to prosecute to final judgment any suit commenced by the administrator, before the revocation of his letters of administration. (Sec. 17 of R. S.) SECT. 19. All acts of an executor or administrator, before the revocation of his letters testamentary, or of administration, shall be valid to all intents and purposes. (Sec. 18 of R. S.) SECT. 20. When two or more persons shall be appointed administrators on any estate, the probate court may take a separate bond from each, with sureties, or a joint bond, with sureties, from all. (Sec. 19 of R. S.) CHAPTER 51. THE INVENTORY AND COLLECTION OF THE EFFECTS OF DECEASED PERSONS; THE PROSECUTION OF ACTIONS BY AND AGAINST EXECUTORS AND ADMINISTRATORS; AND THE SALE OF REAL ESTATE. COMPILED FROM Chap. 48 of the Revised Statutes, pp. 266-275. No. 16 66 Laws of 1846, 1. Executor or administrator to return inven- 28. Executor, &c. may compound with debtor. tory, except, &c. 29. Debts, secured by mortgage, deemed per 2. Probate court to appoint committee to appraise estate. 3. Duties of committee. 4. What articles not inventoried. 5. Personal estate first liable for debts; if not sufficient, real estate to be sold. Executor to have possession, &c. 6. Executor, &c. to keep houses, &c. in repair. 7. Remedy in case of suspected embezzlement. 8 Liability of persons entrusted with estate. THE PROSECUTION AND DEFENCE OF ACTIONS sonal assets. 30. Mortgaged premises held in trust for creditors, &c. 31. Lands, taken on execution, how regarded. SALE OF ESTATE UNDER A LICENSE. 32. Lands, taken on execution or held by mortgage, may be sold for debts; or distributed, &c. 33. If part of lands cannot be sold without in. jury, whole may be sold. 34. License not to be granted, if persons interested give bonds. 9. Executor, &c. may prosecute and defend 35. Proceeds of lands deemed assets-sureties actions. responsible. Real estate may be sold, instead of personal, in certain case. 37. Real estate taken on execution or held under a mortgage may be sold when beneficial to persons interested though not necessary for payment of debts. 38. Regulations under which sale may be made. 39. Real and personal estate may be sold for the benefit of heirs, in certain case. 17. In whose name and for whose benefit action 40. Proceeds, in such case, to go to same persustainable. sons as estate. 18. Damages. Suit to be brought within two 41. Proceedings and regulations, for licensing years. the sale of estate. 19. Claims in the name of executors for use of 42. Deed executed under such order to be valid. others not assets. 20. One joint plaintiff or defendant dying, ac- ter. 24. Executor, &c. may be cited, in such case. 46. Proceedings in such case. 47. Executor, &c. may sue for estate so conveyed. 48. Executor, &c. not required to sell or sue 27. This chapter not construed to authorize ac- case. SECTION 1. Every executor or administrator shall, within three months after his appointment, make and return into the probate court a true inventory of the real estate and all the goods, chattels, rights and credits of the deceased, which shall have come to his possession or knowledge; excepting only that an executor, who shall be a residuary legatee, and shall have given a bond to pay all the debts and legacies, as provided by law, shall not be required to return an inventory. (Sec. 1 of R. S.) SECT. 2. The probate court, at the time of granting letters testamentary or of administration, or at such other time as the court shall judge proper, shall, by warrant for that purpose, appoint a committee of two or more disinterested persons to appraise the estate of the deceased; and the executor or administrator shall cause the estate and effects, contained in the inventory, to be appraised by such committee. (Sec. 2 of R. S.) SECT. 3. The committee, so appointed, shall be sworn, and shall appraise the estate at its true value in money, and shall return their appraisal, with their warrant, to the probate court, within the time specified in such warrant, and shall deliver a copy of such appraisal to the executor or administrator. (Sec. 3 of R. S.) SECT. 4. The wearing apparel of the deceased, if he shall leave a widow, the articles of apparel and ornament of the widow, according to the estate and degree of her husband, the apparel of the minor children, and such provisions and other articles, as will necessarily be consumed in the subsistence of the family of the deceased, under the direction of the probate court, shall not be considered as assets, nor be administered as such, and shall not be included in the inventory. (Sec. 4 of R. S.) SECT. 5. The personal estate of the deceased shall be first chargeable with the payment of debts and expenses; and if the goods, chattels, rights and credits, in the hands of the executor or administrator, shall not be sufficient to pay the debts of the deceased, and expenses of administration, the whole of his real estate, except the widow's dower, or so much thereof as may be necessary, may be sold for that purpose by the executor or administrator, after obtaining license therefor in the manner hereinafter provided in this chapter; and the executor or administrator shall have right to the possession of the real as well as personal estate of the deceased, so long as may be necessary for that purpose. (Sec. 5 of R. S.) SECT. 6. It shall be the duty of every executor or administrator to keep and maintain in tenantable repair all houses, buildings and fences, belonging to the estate, and deliver over the same, in such repair, when directed by order of the probate court, to the heirs or devisees. (Sec. 6 of R. S.) SECT. 7. If any executor or administrator, heir, legatee, creditor or other person interested in the estate of any deceased person, shall complain to the probate court, that any person is suspected to have concealed, embezzled or conveyed away any of the money, goods or chattels of the deceased, or that such person has in his possession or knowledge any deed, conveyances, bonds, contracts or other writings, which contain evidence of, or tend to disclose the right, title, interest or claim of the deceased to any real or personal |