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All acts of

executor, etc., valid until his

executor or administrator, and appoint in his stead an administrator, either special or general, in the same manner as is directed in relation to original letters of administration. The liability of the outgoing executor or administrator, or of the sureties on his bond, shall not be in any manner discharged, released, or affected by such appointment or resignation.

SEC. 64. All acts of an executor or administrator, as such before the revocation of his letters testamentary, or power is revoked of administration, are as valid to all intents and purposes as if such executor or administrator had continued lawfully

Transcript of

De evidence.

to execute the duties of his trust.

SEC. 65. A transcript from the minutes of the court, court minutes to showing the appointment of any person as executor or administrator, together with the certificate of the clerk, under his hand and the seal of his court, that such person has given bond and been qualified, and that letters testamentary or of administration have been issued to him and have not been revoked, shall have the same effect in evidence as the letters themselves.

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Disqualification of Judges and Transfers of Administration.

SEC. 66. No will shall be admitted to probate, or letters testamentary or of administration granted, before any judge who is interested as next of kin to the decedent, or as a legatee or devisee under the will, or when he is named as executor or trustee in the will, or is a witness thereto, or is in any other manner interested or disqualified from acting.

SEC. 67. When a petition is filed in the probate court, praying for admission to probate of a will or for granting letters testamentary or of administration, or when proceedings are pending in the probate court for the settlement of an estate, and the judge of said court is disqualified from acting, an order must be made transferring the proceeding to the probate court of an adjoining county, and the clerk of the court ordering the transfer must transmit to the clerk of the court to which the proceeding is ordered to be transferred, a certified copy of the order, and all the papers on file in his office in the proceeding; and thereafter the court to which the proceeding is transferred shall exercise the same authority and jurisdictions over the estate, and all matters relating to the administration thereof, as if it had original jurisdiction of the estate.

administer. Re

SEC. 68. The transfer of a proceeding from one Transfer not to court to another, as provided for in the preceding section, change right to shall not affect the right of any person to letters testa- transfer, how mentary or of administration on the estate transferred, but made. the same persons are entitled to letters testamentary or of administration on the estate, in the order herein before provided. If, before the administration is closed of any estate so transferred as herein provided, another person is elected or appointed, and qualified as judge of the court wherein such proceeding was originally commenced, who is not disqualified to act in settlement of the estate, and the causes for which the proceeding was transferred no longer exist, any person interested in the estate may have the proceeding returned to the court from which it was originally transferred, by filing a petition setting forth these facts, and moving the court therefor.

SEC. 69. On hearing the motion, if the facts required by the preceding section to be set out in the petition are satisfactorily shown, and it further appears to the court that the convenience of parties interested would be promoted by such change, the judge must make an order transferring the proceeding back to the court where it was originally commenced; and the clerk of the court ordering the transfer must transmit to the clerk of the court in which the proceeding was originally commenced, a certified copy of the order, and all the original papers on file in his office in the proceeding; and the court where the proceeding was originally commenced shall thereafter have jurisdiction and power to make all necessary orders and decrees to close up the administration of the estate.

Removals and Suspensions in Certain Cases.

When proceed.

ings to be reoriginal court.

turned to

executor.

SEC. 70. Whenever the judge of the probate court Suspension of has reason to believe, from his own knowledge, or from powers of creditable information, that any executor or administrator has wasted, embezzled, or mismanaged, or is about to waste, or embezzle the property of the estate committed to his charge, or has committed or is about to commit a fraud upon the estate, or is incompetent to act, or has permanently removed from the Territory, or has wrongfully neglected the estate, or who has long neglected to perform any act as such executor or administrator, he must, by an order entered upon the minutes of the court, suspend the powers of such executor or administrator, until the matter is investigated.

Executor to have notice of, and to be cited

to appear.

Any party interested may

appear on hearing.

Notice to absconding executors and

SEC. 71. When such suspension is made, notice thereof must be given to the executor or administrator, and he must be cited to appear and show cause why his letters should not be revoked. If he fail to appear in obedience to the citation, or, if appearing, the court is satisfied that there exists cause for his removal, his letters must be revoked, and letters of administration granted anew as the case may require.

SEC. 72. At the hearing, any person interested in the estate may appear and file his allegations in writing, showing that the executor or administrator should be removed; to which the executor or administrator may demur or answer, as hereinbefore provided. The issues raised must be heard and determined by the court.

SEC. 73. If the executor or administrator has absconded or conceals himself, or has removed or absented administrators. himself from the Territory, notice may be given him of the pendency of the proceedings by publication, in such manner as the court may direct, and the court may pro-. ceed upon such notice as if the citation had been personally served.

May compel attendance.

SEC. 74. In the proceedings authorized by the four preceding sections for the removal of an executor or administrator, the court may compel his attendance by attachment, and may compel him to answer questions, on oath, touching his administration, and, upon his refusal so to do, may commit him until he obey, or may revoke his letters, or both.

CHAPTER IV.

Of the Inventory and Collection of the Effects of Decedents.

SEC. 1. Every excutor or administrator must make and return to the court, within three months after his apInventory to be pointment a true inventory and appraisement of all the estate of the decedent, including the homestead, if any, which has come to his possession or knowledge.

returned, including the homestead.

Appraisement

and pay of appraisers.

SEC. 2. To make the appraisement, the court or the judge thereof, must appoint three disinterested persons, (any two of whom may act) who are entitled to receive a reasonable compensation for their services, not to exceed five dollars per day, to be allowed by the court or judge. The appraisers must, with the inventory, file a verified account of their services and disbursements. If any part of the

estate is in any other county than that in which letters issued, appraisers thereof may be appointed, either by the court or judge having jurisdiction of the estate, or by the court or judge of such other county, on request of the court or judge having jurisdiction.

Oath of ap

inventory, how

made.

SEC. 3. Before proceeding to the execution of their duty, the appraisers, before any officer authorized to ad- praisers and minister oaths, must take and subscribe an oath, to be attached to the inventory, that they will truly, honestly, and impartially appraise the property exhibited to them according to the best of their knowledge and ability; they must then proceed to estimate and appraise the property; each article must be set down separately, with the value thereof in dollars and cents, in figures, opposite the articles, respectively; the inventory must contain all the estate of the decedent, real and personal, a statement of all debts, partnerships, and other interests, bonds, mortgages, notes, and other securities, for the payment of money belonging to the decedent, specifying the name of the debtor in each security, the date, the sum originally payable, the endorsements thereon, if any, with their dates, and the sum which, in the judgment of the appraisers, may be collected on each debt, interest, or security; the inventory must show, so far as the same can be ascertained by the executor, or the administrator, what portion of the property is community property, and what portion is the separate property of the decedent.

Inventory to

moneys.

If all

SEC. 4. The inventory must also contain an account of all moneys belonging to the decedent which have come account for to the hands of the executor or administrator; and if none, money no the fact must be so stated in the inventory. If the whole appraisement estate consists of money, there need not be an appraisement, but an inventory must be made and returned as in other

cases.

necessary.

executor.

SEC. 5. The naming of a person as executor does Effect of naming not thereby discharge him from any just claim which the a debtor testator has against him, but the claim must be included in the inventory, and the executor is liable for the same, as for so much money in his hands, when the debt or demand becomes due.

SEC. 6. The discharge or bequest in a will of any Discharge or debt or demand of the testator against the executor named, bequest of debt or any other person, is not valid against the creditors of against executor the decedent but is a specific bequest of the debt or demand. It must be included in the inventory, and if necessary, applied in the payment of the debts. If not necessary for

To make oath to inventory.

Letters may be

lect of admin

istrator.

that purpose,
it must be paid in the same manner and pro-
portion as other specific legacies.

SEC. 7. The inventory must be signed by the appraisers, and the executor or administrator must take and subscribe an oath before an officer authorized to administer oaths, that the inventory contains a true statement of all the estate of the decedent which has come to his knowledge and possession, and particularly of all money belonging to the decedent, and of all just claims of the decedent against the affiant. The oath must be indorsed upon or annexed to the inventory.

SEC. 8. If an executor or administrator neglects or revoked for neg. refuses to return the inventory within the time prescribed, or within such further time, not exceeding two months, which the court or judge shall for reasonable cause allow, the court may, upon notice, revoke the letters testamentary or of administration, and the executor or administrator is liable on his bond for an injury to the estate, or any person interested therein, arising from such failure.

Iuventory of

property.

SEC. 9. Whenever property not mentioned in an inafter-discovered ventory that is made and filed, comes to the possession or knowledge of an executor or administrator, he must cause the same to be appraised in the manner prescribed in this Chapter, and an inventory thereof, to be returned within two months after the discovery; and the making of such inventory may be enforced, after notice, by attachment or

Administrator or

executor to pospersonal estate.

sess real and

When executor

to deliver pos

session of all

removal from office.

SEC. 10. The executor or administrator is entitled to the possession of all the real and personal estate of the decedent, and to receive the rents and profits of the real estate until the estate is settled, or until delivered over by order of the court to the heirs or devisees; and must keep in good tenantable repair all houses, buildings and fixtures thereon which are under his control. The heirs or devisees may themselves, or jointly with the the executor or administrator, maintain an action for the possession of the real estate or for the purpose of quieting title to the same, against any one except the executor or administrator; but this section shall not be so construed as requiring them so to do.

SEC. 11. Unless it satisfactorily appear to the court or administrator that the rents, issues and profits of the real estate for a longer period are necessary to be received by the executor or administrator, wherewith to pay the debts of the deceased, or that it will probably be necessary to sell the real estate for the payment of such debts, the court, at the end

real estate to heirs, etc.

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