their renunciation thereof, in writing, with the clerk of the probate court, letters of administration shall be granted to the person next entitled thereto.

istrators, with will annexed, &c.

SEC. 8. After probate of any will, letters testamentary shall letters to adminbe granted to the persons therein appointed executors. If a part of the persons thus appointed refuse to act, or be disqualified, the letters shall be granted to the other persons appointed therein. If all such persons refuse to act, or be disqualified, letters of administration shall be granted to the person to whom administration would have been granted if there had been no will.

to act except those who give bond.

SEC. 9. When there are two or more persons named co-execu- Executors, none tors in any will, none shall have authority to act as such, or intermeddle, except those who give bond, unless otherwise provided in the will.

SEC. 10. If the validity of a will be contested, or the executor be a minor, or absent from the Territory, letters of administration shall be granted during the time of such contest, minority or absence, to some other person, who shall take charge of the property and administer the same according to law, under the direction of the court, and account for, and pay and deliver all the money and property of the estate to the executor or regular administrator, when qualified to act.

SEC. 11. Every applicant for letters of administration at the time of application, shall make an affidavit, stating, to the best of his knowledge and belief, the names and places of residence of the heirs of the deceased, and that the deceased died without a will, as he verily believes.

Letters of admin

istration to be granted pendente

fit, &c., iu cer

tain cases.

Applicants for

affidavit of names

and residence of

heirs, &c.

scribe an oath.

SEC. 12. At the time that letters of administration are granted, Administrators to the administrator shall take, and subscribe an oath, that he will make a true and perfect inventory of, and faithfully administer all the estate of the deceased, and pay the debts as far as the assets will extend, and account for and pay all assets which shall come to his possession or knowledge, according to law.

Administrator de

dente lite, ko"-.

oath.

to

Oath of adminis

SEC. 13. A similar oath, with such variations as the case may bonis nou, require, shall be taken by administrators of the goods remaining unadministered, and by administrators during the time of a contest about a will, or the minority or absence of an executor. SEO. 14. Every administrator, with the will annexed, and ex-ator with the ecutor at the time letters are granted to him, shall take an oath that he will make a perfect inventory of the estate, and faithfully execute the last will of the testator, pay the debts and legacies as far as the assets will extend, render just accounts and faith

will annexed:

Bond of the administrator

Condition of the bond.

Bond of executor or administrator with the will annexed.

Who shall not be taken as security in bond of executor or administrator.

Who shall be tak

en as security.

Bond to be recorded, originals filed: taken in vacation, presented to court.

Letters to be recorded before delivered.

Penalty on clerk for failing to re

cord letters before delivery.

fully perform all things required by law touching such executorship or administration.

SEC. 15. The probate court, or the clerk thereof in vacation, shall take a bond of the person to whom letters of administration are granted, with two or more sufficient securities, residents in the county, to the Territory of Kansas, in such amount as the court or clerk shall deem sufficient, not less than double the amount of the estate.

SEC. 16. The condition of such bond shall be as follows: "The condition of the above bond is, that if A. B., administrator of the estate of W. C., deceased, shall faithfully administer said estate, account for, pay and deliver all money and property of said estate, and perform all other things touching said administration required by law, or the order or decree of any court having jurisdiction, then the above bond to be void, otherwise to remain in full force."

SEC. 17. A similar bond, with such variations as the case may require, shall be given by all executors (unless otherwise provided in the will) and administrators, with the will annexed, or of the goods remaining unadministered, and all administrators during the time of a contest about a will, or of the minority or absence of an executor.

SEC. 18. No judge of probate, and no sheriff, clerk of a court, or deputy of either, and no attorney at law shall be taken as security in any bond required to be taken by this Act.

SEC. 19. The probate court, or clerk in vacation, shall take special care to take as securities men who are solvent and sufficient, and who are not bound in too many other bonds, and, to satisfy themselves, they may take testimony, or examine, on oath, the applicant, or persons offered as his securities, which testimony and oath shall be filed with or endorsed on the bond.

SEC. 20. The clerk of the probate court shall record, in a well bound book kept for that purpose, all bonds given by executors and administrators, and preserve the originals in regular files.

SEC. 21. All letters testamentary, and of administration, shall be recorded by the clerk of the probate court, in a well bound book kept for that purpose, before they are delivered to the executor or administrator, and the clerk shall certify on the letters that they have been recorded.

the

SEC. 22. If any clerk deliver such letters without recording same, he may be fined by the court, and shall forfeit to the party injured double the damages occasioned by such default.

letters and record

dence.

testamentary.

SEC. 23. Copies of such letters, and copies of the record there- Certified copies of of, certified under the seal of the probate court, shall be evidence. thereof to be eviSEC. 24. All letters testamentary, issued to executors under Form of letters the provisions of this Act, may be in the following form: "County of ss: The Territory of Kansas to all persons to whom these presents shall come, greeting: Know ye, that the last will and testament of A. B., deceased, hath, in due form of law been exhibited, proved and recorded, in the office of the clerk of the probate court for county, a copy of which is hereunto annexed; and inasmuch as it appears that C. D. has been appointed executor in, and by the said last will and testament, to execute the same, and to the end that the property of the testator may be preserved for those who shall appear to have a legal right or interest therein, and that the said last will may be executed according to the request of the testator, we do hereby authorize him, the said C. D., as such executor, to collect and secure, all and singular, the goods and chattels, rights and credits, which were of the said A. B. at the time of his death, in whosoever hands or possession the same may be found, and to perform and fulfil all such duties as may be enjoined upon him by said will, so far as there shall be property, and in general to do and perform all other acts which are now or hereafter may be required of him by law. In testimony whereof, I, G. P., clerk of the probate court, in and for said county of, have hereunto signed my name, and affixed the seal of said court, this day of - A. D. 18-. G. P., clerk."

administration.

SEC. 25. Letters of administration hereafter to be issued in Form of letters of this Territory, may be in the following form: "County of ss: The Territory of Kansas to all persons to whom these presents shall come greeting: Know ye, that whereas, A. B., late of the county of died intestate, as it is said, having, at the time of his death, property in this Territory which may be lost, destroyed or diminished in value, if speedy care be not taken of the same; to the end, therefore, that said property may be collected, preserved and disposed of according to law, we do hereby appoint C. D., administrator of all and singular, the goods and chattels, rights and credits, which were of the said A. B. at the time of his death, with full power and authority to secure and dispose of said property according to law, and collect all moneys due said deceased, and in general to do and perform all other acts and things which are or hereafter may be required of him by law. In testimony whereof, I, G. P., clerk of the

All letters testsmentary and of administration to be issued in the above forms.

Letters revoked on production of will.

Letters revoked if

will set aside. Other letters granted.

Marriage of feme sole, revocation of her letters.

For what causes, and how letters may be revoked.

Herr, legatee, creditor, or other person,

security, when.

1

probate court in and for the county of, aforesaid, have hereunto signed my name, and affixed the seal of said court, this day of, A. D. 18. G. P., clerk."

SEC. 26. In all cases where letters of administration, with the will annexed, letters of administration de bonis non, during minority or absence, shall hereafter be issued by the probate court, or the clerk thereof in vacation, the same shall be issued in conformity to the foregoing forms as near as may be, taking care to make the necessary variations, additions or omissions, to suit each particular case.

SEC. 27. If, after letters of administration granted, a will of the deceased be found and probate thereof granted, the letters shall be revoked, and letters testamentary or of administration, with the will annexed, shall be granted.

SEC. 28. If a will be proved and letters thereon granted, and the will be afterwards set aside, the letters shall be revoked and other letters granted of the goods unadministered.

SEC. 29. If any executrix or administratix marry, her husband shall not thereby acquire any interest in the effects of her testator or intestate, nor shall the administration thereby devolve upon him, but the marriage shall extinguish her powers and her letters be revoked.

SEO. 30. If any executor or administrator become of unsound mind, or be convicted of any felony or other infamous crime, or become a habitual drunkard, or otherwise incapable or unsuitable to execute the trust reposed in him, or fail to discharge his official duties, or waste or mismanage the estate, or act so as to endanger any co-executor or co-administrator, the probate court, upon complaint in writing made by any person interested, supported by affidavit, and due notice given to the person complained of, shall hear the complaint, and if they find it just, shall revoke the letters granted.

SEC. 31. If any heir, legatee, creditor or other person interply for additional ested in any estate, file in the probate court an affidavit, stating that the affiant has sufficient cause to believe, and does believe, that the security in the executor's or administrator's bond has, or is likely to become insolvent, or has died, or has removed from the Territory, or that the principal in such bond has, or is likely to become insolvent, or is wasting the estate, or that the penalty of any such bond is insufficient, or that such bond has not been taken according to law, and shall have given the principal in such bond at least ten days' notice of the complaint, the court shall examine into the complaint.

may apply to be

SEC. 32. If any person bound as security in the executor's or Security in bond administrator's bond, file in the probate court an affidavit stating released, when. that the affiant has sufficient cause to believe, and does believe, his co-security has died, or has, or is likely to become insolvent, or has removed from the Territory, or that the principal in such bond has, or is likely to become insolvent, or is wasting the estate, and shall have given to the principal in such bond at least ten days' notice of such complaint, the court shall examine into the complaint.

SEO. 33. If the probate court find the complaint mentioned in either of the two preceding sections to be just, it shall order another bond and sufficient security to be given.

SEC. 34. Such additional bond, when given and approved, shall discharge the former securities from any liability arising from any misconduct of the principal, after filing the same, and such former securities shall only be liable for such misconduct as happened prior to the giving of such new bond.

SEC. 35. If such person fail to give such additional bond and security within ten days after making such order, his letters shall thenceforth be deemed to be revoked, and his authority from that time cease.

When court may bond to be given.

order another

New bond to opecharge of former

rate as a dis

securities, &c.

Failure to give letters.

new bond, deemed a revocation of

when neces to be given.

sary may order further security

SEC. 36. It shall be the duty of the probate court, whenever it shall appear necessary and proper, to order an executor or administrator to give other and further security, first giving such executor or administrator at least five days' notice of such intended order, and if such executor or administrator shall fail to give such further security within ten days after making such Failure to comply order, his letters shall thenceforth be deemed to be revoked, and tion. his authority from that time cease.

deemed a revoca

surrender of let

SEO. 37. If any executor or administrator publish for four Resignation and weeks, in some newspaper in the county, a notice of his intention ters, how made. to apply to the probate court to resign his letters, and the court, on proof of such publication, shall believe that he should be permitted to resign, it shall so order. Said publication of notice in the newspaper, upon application to the probate court for that purpose, may be dispensed with, and instead thereof the court may require said administrator to put ten written handbills in ten of the most public places in the county where he is conducting the business of his administration, at least twenty days before the term at which he intends to resign his administration.

letters sur

rendered, expenses paid by appli

SEO. 38. Such person shall then surrender his letters, his power from that time shall cease, and he shall pay the expenses cant. of publication and all the proceedings on the application.