Special admin istrator during bond of. R. S. 64, § 7. powers and duties of. R. S. 64, § 8. 1858, 122. Allowance to widow, &c., from income. 1859, 143, §§ 1, 2, 3. appeal not to prevent, &c. 1859, 143, §§ 4, 5. Expense of last sickness, &c. 1859, 143, § 6. Special admin to act, &c., on executor, &c. R. S. 64, § 9. SPECIAL ADMINISTRATION. SECT. 6. When by reason of a suit concerning the proof of a will, or from other cause, there is delay in granting letters testamentary or of administration, the probate court may appoint a special administrator to collect and preserve the effects of the deceased; and in case of an appeal from the decree appointing such special administrator, he shall nevertheless proceed in the execution of his duties until it is otherwise ordered by the supreme court of probate. SECT. 7. Every such administrator, before entering on the duties of his trust, shall give bond, with sufficient surety or sureties in such sum as the court shall order, payable to the judge and his successors, with condition that he will make and return into the probate court within three months, a true inventory of all the goods, chattels, rights, and credits, of the deceased, which have or shall come to his possession or knowledge, and that he will truly account on oath for all the goods, chattels, debts, and effects, of the deceased, that shall be received by him as such special administrator, whenever required by the probate court, and will deliver the same to whoever shall be appointed executor or administra tor of the deceased, or to such other person as shall be lawfully authorized to receive the same. SECT. 8. He shall collect all the goods, chattels, and credits, of the deceased, and preserve the same for the executor or administrator when appointed, and for that purpose may commence and maintain suits; and may sell such perishable and other goods as the judge shall order to be sold. If he is appointed by reason of a suit concerning the probate of a will, or delay for any cause in granting letters testamentary, the judge may authorize him to take charge of the real estate of the deceased or any part thereof, and to collect the rents, make necessary repairs, and do all other things which the judge may deem needful for the preservation thereof, and as a charge thereon. He shall be allowed such compensation for his services as the judge shall deem reasonable. SECT. 9. Upon the petition of the widow or children, or either of them, the probate court may, after notice to all parties interested, make a reasonable allowance out of the income of the estate, real or personal, in the hands of a special administrator appointed on account of the pendency of a suit concerning the probate of a will, as an advancement for their support, not exceeding such portion of the income of the estate as they would be entitled to whether the will is finally proved or not. SECT. 10. An appeal from the decree concerning such allowance shall not prevent the payment of the sum decreed, if the petitioner gives bond to the special administrator, with sureties approved by the judge, conditioned to repay the same, if the decree is reversed. SECT. 11. A special administrator may, by leave of the probate court, pay from the personal estate in his hands, the expenses of the last sickness and funeral of the deceased. SECT. 12. Upon granting letters testamentary or of administration, istrator to cease the powers of the special administrator shall cease, and he shall forthappointment of with deliver to the executor or administrator all goods, chattels, money, and effects, of the deceased, in his hands; and the executor or adminis trator may be admitted to prosecute any suit commenced by the special administrator, in like manner as an administrator de bonis non is authorized to prosecute a suit commenced by a former executor or administrator. SECT. 13. Such special administrator shall not be liable to an action by any creditor of the deceased; and the time of limitation for all suits against the estate shall begin to run after granting letters testamentary or of administration in the usual form, in like manner as if such special administration had not been granted. not liable to creditors, &c. R. S. 64, § 10. EXECUTORS IN THEIR OWN WRONG. their own accountable to rightful ex ecutor, &c. SECT. 14. Whoever injuriously intermeddles with any goods or effects Executors in of a deceased person without being thereto authorized by law, shall be liable to the persons aggrieved, as an executor in his own wrong. SECT. 15. Every executor in his own wrong shall be liable to the rightful executor or administrator for the full value of the goods or effects of the deceased taken by him, and for all damages caused by his R. S. 64, § 12. acts to the estate of the deceased; and he shall not be allowed to retain or deduct any part of the goods or effects, except for such funeral expenses or debts of the deceased or other charges actually paid by him as the rightful executor or administrator might have been compelled to pay. DISTRIBUTION. SECT. 16. When a person dies possessed of personal estate, or any Distribution of right or interest therein, not lawfully disposed of by will, it shall be personal estate. applied and distributed as follows: R. S. 64, § 1. 1838, 145. 1842, 15. First. The widow and minor children shall be entitled to such parts 1845, 208, § 7. thereof as may be allowed to them under the provisions of chapter 9 Met. 37. ninety-six: 10 Met. 170. Second. The personal estate remaining after such allowance shall be 4 Met. 319. applied to the payment of the debts of the deceased, with the charges of his funeral and settling his estate: Third. The residue shall be distributed among the same persons who would be entitled to the real estate by chapter ninety-one, and in the same proportion as there prescribed, except as is herein provided: Fourth. If the intestate was a married woman, her husband shall be entitled to the whole of the residue: Fifth. If the intestate leaves a widow and issue, the widow shall be entitled to one-third of the residue: 1852, 29. Met. 204. 6 Cush. 156. Sixth. If there is no issue, the widow shall be entitled to the residue 1854, 406, § 3. to the amount of five thousand dollars, and to one-half the excess of such residue above ten thousand dollars: and Seventh. If there is no husband, widow, or kindred, of the intestate, the whole shall escheat to the commonwealth. SECT. 17. If the intestate leaves a widow and issue, and any of the Advancements issue have received an advancement from the intestate in his lifetime, to issue not computed in the value of such advancement shall not be taken into consideration in distribution to widow. computing the one-third part to be assigned to the widow; but she shall R. S. 64, § 2. be entitled only to the third part of said residue after deducting the 1 Pick. 161. value of the advancement. Public adminis- to administer on estates of persons dying without heirs, &c. R. S. 64, §4. 1839, 142, § 1. 1840, 40, §§ 1, 2. not when right, &c. SECTION 1. The governor, with the advice and consent of the council, shall appoint one or more suitable persons in each county to be public administrators therein, who, with those now in office, shall hold their offices during the pleasure of the executive. SECT. 2. Such administrator shall within his county take out letters of administration and faithfully administer upon the estate of any per son who dies intestate therein or elsewhere leaving property in such county to be administered, and not leaving a known husband, widow, or heir, in this state. SECT. 3. Administration shall not be granted to a public administraheir, &c., claims tor when the husband, widow, or any heir, of the deceased, in writing claims the right of administration, or requests the appointment of some other suitable person to the trust, if such husband, widow, heir, or other person, accepts the trust and gives the bond required. R. S. 64, § 4. 1853, 419. to be discharged, when heir, &c., claims ister, &c. to surrender letters and account to succes R. S. 64, § 16. 1839, 142, § 2. SECT. 4. After granting letters of administration to a public administrator, and before the final settlement of the estate, if the husband, widow, or any heir, of the deceased, in writing claims the right of administration or requests the appointment of some other suitable person to the trust, the probate court shall grant letters of administration accordingly. Upon the appointment of a successor and his giving the bond required, the powers of the public administrator over the estate shall cease. SECT. 5. Every public administrator shall deliver into the probate court his letters of administration upon the estate of any person desors, &c., when. ceased, if a will of such person is thereafter proved and allowed. Upon the appointment of an executor or administrator as his successor in any case, he shall surrender his letters of administration into the probate court with an account upon oath of his doings therein; and upon a just settlement of his account, shall pay over and deliver to his successor all sums of money remaining in his hands, and all property, effects, and credits, of the deceased, not administered. to give bonds. See Ch. 94, § 2. SECT. 6. Every public administrator shall give bond to the judge of 1839, 142, $51,2. the probate court, for the faithful performance of his duties, in like manner as required of other administrators, with the further condition to comply with the provisions of the preceding section. may give gen eral bond, with 1849, 123, §§ 2, conditions. 1850, 196. to return an in three months. 3. SECT. 7. Instead of a separate bond for each estate, he may give a general bond for the faithful administration of all estates on which letters of administration shall be granted to him, as public administrator. Such bond shall be given with sufficient surety or sureties in such sum as the judge of the probate court shall order, payable to said judge and his successors, with condition substantially as follows, (except as provided in chapter one hundred and one:) First. To make and return into the probate court, within three months from the inventory with- time of granting to him as public administrator, letters of administration on the estate of any person deceased, a true inventory of all the real estate, goods, chattels, rights, and credits, of such person, which shall come to his possession or knowledge: Second. To administer according to law all goods, chattels, rights, and credits, of every such person, and the proceeds of all his real estate that may be sold for payment of his debts, which shall come to the possession of said administrator, or any person for him: to administer according to law. to render ac count in one Third. To render upon oath a true account of his administration of every such estate within one year from the date of his letters of administration thereon, and at nually at least. least once in each year until the trust is fulfilled; and at any other times when required year, and an by the probate court: Fourth. To pay the balance of every such estate, remaining in his hands upon the Public adminissettlement of his accounts, to such persons as the probate court shall direct; and, trator to pay when such estate has been fully administered, to deposit the whole amount remaining over balance in in his hands with the treasurer of the commonwealth: his hands. Fifth. To deliver the letters of administration on the estate of any person into the to return letprobate court, in case a will of such person is thereafter proved and allowed; and, ters of administration if will is upon the appointment of a successor as administrator of any estate, to surrender his proved or sucletters of administration into said court, with an account under oath of his doings cesssor aptherein, and upon a just settlement of his account, to pay over and deliver to his suc- pointed. cessor all sums of money remaining in his hands, and all property, effects, and credits, of the deceased, not administered. under such bond, to ac SECT. 8. Every public administrator who has given such general Administrators bond shall, at the probate court first held in his county after the first day of January in each year, render an account under oath of all balances of count annually, and judge may estates then remaining in his hands; and the judge may at any time require further require additional sureties to be furnished upon the bond, or a new bond sureties, &c. to be given. 1849, 123, § 3. such cases. SECT. 9. All periods of time which by law begin to run in other When limitacases from the time of giving bond by the administrator, shall when such tion begins in general bond is given, begin to run, as to each estate, from the date of 1849, 123, § 3. letters of administration. SECT. 10. Public administrators may be licensed to sell real estate Public administrators may sell for the payment of debts, and shall administer estates and render their &c., as others. accounts, in the same manner as other administrators, except as herein otherwise provided. SECT. 11. After three years from the date of letters of administration to a public administrator, he may sell the real estate, although not necessary for the payment of debts, upon obtaining a license from the probate court if it appears to the judge to be for the interest of all concerned. In such case he shall take the oath, give the bond, and otherwise proceed, as required of administrators licensed to sell real estate more than is necessary for the payment of debts. SECT. 12. When an estate has been fully administered by a public administrator, and the debts paid according to law, he shall deposit the balance of such estate remaining in his hands with the treasurer of the commonwealth; who shall receive and hold it for the benefit of those may have lawful claims thereon. who 1839, 142, §§ 1, 3. 1849, 123, §§ 2, 3. may sell all real estate, in certain cases. 1839, 142, § 4. balance in hands of, to be state treasurer. 1839, 142, §§ 1, 4. deposited with to render accounts annual 1839, 142, §§ 4, 5. SECT. 13. The probate courts shall require public administrators in their respective counties to render an account of their proceedings ly; suits on under any letters of administration, at least once in each year until the bonds, &c. trust has been fulfilled. And when upon a final settlement of any estate it appears that moneys remain in the hands of such administrator, which by law should have been deposited with the treasurer of the commonwealth, the court shall certify that fact and a statement of the amount so withheld to said treasurer, who, unless such deposit is made within one month after the receipt of such notice, shall cause the probate bond of the administrator to be prosecuted for the recovery thereof. tration after treasury. 1839, 142, § 6. SECT. 14. If at any time within six years after such deposit is made Heirs, &c., may with the treasurer, any person applies to the probate court which take adminisgranted said letters of administration, and makes it appear that he is property is legally entitled by the will of the deceased or otherwise to the adminis- paid into state tration of said estate, the court shall grant administration thereof, or upon probate of such will, shall grant letters testamentary to such applicant, or at his request to some other suitable person: provided, that before granting such administration, the court shall order personal notice of the application to be served at least fourteen days before the hearing, upon a public administrator of the county, who shall appear in behalf of the commonwealth; and either party may appeal from any decree therein. Treasurer to pay to such executor, &c., ing to estate, SECT. 15. After the expiration of thirty days from the appointment of an executor or administrator as provided in the preceding section, if money belong- no appeal is claimed by any person interested, the treasurer shall pay over to such executor or administrator all money deposited in the state treasury to the credit of such estate, to be administered in like manner as the estates of other deceased persons. &c. 1839, 142, § 6. Proceedings on death, &c., of trator. 1849, 123, § 1. SECT. 16. Upon the death, resignation, or removal, of a public adminpublic adminis istrator, the probate court shall issue a warrant to some other public administrator in the same county on his application therefor, requiring him to examine the accounts of such late public administrator, touching the estates on which he has taken out letters of administration, and to return into the probate court a statement of all such estates, not fully administered, and of the balance of each estate remaining in his hands at the time of his death, resignation, or removal. And thereupon the court shall issue to the public administrator making the return, upon his giving the requisite bond, letters of administration upon such of said estates as are not already administered, although the personal estate remaining may not amount to twenty dollars. Public adminis &c. SECT. 17. When a public administrator neglects to return an inventrators, neglect- tory, settle an account, or perform any other duty incumbent on him, in ing duties district-attorneys relation to any estate, and there appears to be no heir entitled thereto, to prosecute, the district-attorney for the district within which the administrator received his letters, shall, in behalf of the commonwealth, prosecute all suits and do all acts necessary and proper to insure a prompt and faithful administration of the estate, and the payment of the proceeds thereof into the treasury. CHAPTER 96. OF INVENTORIES, ALLOWANCES TO WIDOWS AND CHILDREN, AND SECTION INVENTORIES. 1. Inventory to be returned within three 2. Appraisers, how appointed and sworn. ALLOWANCES TO WIDOWS AND CHILDREN. 5. Necessaries, &c., allowed to widow, &c., SECTION 7. When personal estate is insufficient, real estate may be sold, &c. 8. Proceeds of sale to be assets, &c. 9. Mortgage of real estate to be considered 10. In case of redemption, executor, &c., to re- COLLECTION OF THE EFFECTS, &C. 13. may be sold after foreclosure upon obtaining license. 14. if not so sold, how distributed. INVENTORIES. Inventory to be three months, except, &c. R. S. 65, § 1. 1857, 88. SECTION 1. Every executor and administrator shall within three returned within months after his appointment, make and return upon oath into the probate court, a true inventory of the real estate, and all the goods, chattels, rights, and credits, of the deceased, which are by law to be administered, and which shall have come to his possession or knowledge; except that an executor who gives bond to pay all the debts and legacies and the allowance to the widow and minor children as provided in chapter ninety-three, need not return an inventory. Appraisers, SECT. 2. The estate and effects comprised in the inventory shall be |