and refusal to act as executor of the last will and testament of the said... deceased, (or has neglected to appear, etc., as the case may be), it is therefore ordered that there is a vacancy in said executorship.

No. 30.

Petition for Administration upon Death of Former Executor or

IN MATTER OF ESTATE

OF

Administrator.

DECEASED. In Probate.

To the District Court in and for.

.. County, Iowa: of said county, shows ..18...,

Your petitioner... that heretofore, to-wit: On the.....day of

one.

of said county, was by this court duly appointed administrator of the estate of the said.. deceased, that said

accepted

said appointment and filed his bond, and was duly sworn as such administrator and entered upon the discharge of his duties as such, that said.... ., on the........day of 18..., publishes notice of his said appointment and on the......day of.... ..18..., filed an inventory of the personal property and effects of said estate in the office of the clerk of this court, which property was afterwards duly appraised by appraisers appointed and qualified according to law, which appraisment as filed in said clerks office, showed the aggregate valne of said property and effects to be dollars; that on or about the......day of.... the said....

.18..., administrator, without further action in the premises died, leaving said estate unadministered upon except as herein before stated. Wherefore your petitioner asks that letters of administration upon the said estate, so left unadministered, may be granted to him, who is a creditor of said estate in the sum of....

Dated, this......day of...

dollars.

.18...

No. 31.

Petitioner.

Order of Court Appointing Administrator de bonis non.

IN THE MATTER OF THE ESTATE OF

DECEASED. } In Probate.

before the court, and it appearing to the court that due notice of said application has been given, and no one appearing to resist said application, (or as the case may be), and the court being fully advised in the premises, finds that the allegations of said application are true and that the original administrator of said estate died on or about the.......day of...... ...18..., leaving said estate unadministered upon, except as represented in said application, it is therefore ordered and adjudged that letters of administration upon the said estate left unadministered of said deceased, issue to the said ...

upon his giving bond with sureties as required by law in the sum of......... ..dollars, to be approved by the clerk of this court, and by taking the oath of his said

office.

No. 32.

Letters of Administration de bonis non.

IN THE MATTER OF THE ESTATE

OF

DECEASED. S

} In Probate.

of....

.county,

To all Whom it may Concern, Greeting:

WHEREAS,...

Iowa, died intestate, on or about, the......day of..

18..., and having property to be administered upon within said county, and the court being desirous that the goods and chattels, credits and effects of said intestate should be faithfully administered, applied and disposed of, did on the....day of..

18..., grant unto.... of said county, full power and authority to administer upon said estate according to law, and did then issue to the said....

., letters

of administration accordingly, and whereas the said... .., accepted the said appointment of administrator aforesaid, executed and filed his bond and took the oath of office as required by law and entered upon the discharge of his duties as administrator of said estate, and on the....day of... 18...., filed in the clerk's office an inventory of the personal estate of said intestate, duly appraised according to law, showing the value of said personal estate to be of the value of dollars. And whereas, it was shown that, without any further action in the premises, the said administrator died on or about the......day of.. ...18...., leaving said estate unadministered, except as above stated; and the court being willing said estate should be fully administered according to law, does hereby appoint and grant unto...

full power by these presents to take possession of and to administer and faithfully apply and dispose of all and singular the goods, chattels, credits and moneys of said estate which remain unadministered, to ask for, demand, recover and receive the debts due

or owing to said intestate, and to do all things necessary and lawful in the premises, in order for a full administration of said estate to all intents and purpopes as if he had been originally duly appointed such administrator. And if further personal property or assets not included in the inventory already filed, shall come to your possession or knowledge, you will make and return to the office of the clerk of this court, a true and perfect inventory and appraisment thereof without delay; and within one year from the date hereof, and whenever required by the court render a true and full account of your administration. In testimony whereof, I, court in and for....

..,Clerk of the district ..county, Iowa, have hereunto set

my hand and affixed the seal of said court at... this......day of...

[SEAL.]

.18....

....Clerk, etc.

In case of a vacancy as provided in Sec. 2347 of the Code, the court under the next section, may grant letters of administration with the will annexed, to some competent person, up on an application setting forth such facts; such letters may be in the following form:

No. 33.

Letters of Administration with Will Annexed.

IN THE MATTER OF THE ESTATE

OF

.....

DECEASED. } In Probate.

To all Whom it may Concern, Greeting:

and for his sole executor thereof, which said will was on the.... day of.... ...18..., duly admitted to probate in the ....county, Iowa, that the having refused to accept the said

district court in and for. said... trust, (or neglected to appear and give bond, etc., or removed from the State, as the case may be), the said executorship of said last will and testament is vacant, and the execution of said will is thereby obstructed, whereupon the court did on the.....day of ...18..., appoint and grant unto.....

full power and authority as administrator, with said will annexed by certified copy to these letters, giving said..... power and authority to demand, take and recover possession, and authority of all and singular the goods, chattels, moneys and effects and property mentioned and referred to in said will so as to fully and completely execute the same according to law and the terms of said will under the direction of this court.

In testimony whereof, I,...

..Clerk of the said court

have hereunto set my hand and affixed the seal of said court, this ....day of .18....

[SEAL.]

.. Clerk, etc.

Annex a copy of the will duly certified by the clerk under the seal of the court.

A power to sell land, given by will to an executor, will not devolve upon an administrator with the will annexed, unless the intention that it should do so is clearly apparent in the will or there is a statute by which the rule is changed; and there is no such statute in this State. Hodgin v. Toller, et. al., 70 Iowa, 21, and anthorities cited.

SEC. 2350. Trustees appointed by will, or by the court, must qualify and give bonds the same as executors, and shall be subject to control or removal by the court in the same

manner.

Under this section a trustee is merely a substitute for, an executor whether appointed by the will or by the court.

Persons to whom property is bequeathed by will and who are charged with certain trust duties in respect thereto, are properly legatees and not trustees within the meaning of this section of the code requiring trustees to give bonds the same as executors. This provision only to those who take property to hold for a determinate period, at the expiration of which it is to be transferred to the beneficiaries, and during the continuance of which period the estate remains unsettled and under the supervision of the probate court. Perry et. al. v. Drury et. al., 56 Iowa, 60.

CHAPTER VII.

FOREIGN WILLS.

SECTION 2351. Wills probated in any other state, or country, shall be admitted to probate in this state without the notices required by law in the case of domestic wills, on the production of a copy of such will and of the original record of probate thereof, authenticated by the attestation of the clerk of the court in which such probation was made; or, if there be no clerk by the attestation of the judge thereof, and by the seal of office of such officers, if they have a seal.

It has been held that the sufficiency of the probate court where the same was proven, without being authenticated by the clerk, cannot be collaterally called in question after the probate court in a county of

this state, has under the provisions of the statute, allowed and recorded the will and passed upon the sufficiency of the authentication. Stanley v. Morse et. al., 26 Iowa, 454.

Under this section, a will proved and allowed in another state should be allowed and may be recorded by the circuit court of this state. Such allowance is conclusive of the due execution of the will. et. al. v. Anderson, 39 Id., 426; see section 2353 of Code.

Vance

SEC. 2352. Foreign wills.-All provisions of law relating to the carrying into effect of domestic wills after probate, shall, so far as applicable, apply to foreign wills admitted to probate in this state as contemplated in the preceding section:

Provided. [Foreign executor empowered to sell real Estate.--That where, by any will first admitted to probate in any other state or country and then admitted to probate in Iowa, the executors or trustees under said will are empowered to sell and convey real estate, then upon the production of and recording in the proper probate record a copy of the original record of the appointment, qualification and giving bond, unless such bond was waived in the will, of such executors or trustees by the foreign court granted the original probate of the will, duly authenticated in the same manner as foreign wills are required to be, then, in conformity with the power granted in such wills, such executors or trustees may sell and convey real estate within any county in this state where such probate of will and proof of qualification may be so of record, without further qualifying in this state, and without reporting such sale to the circuit courts in this state for approval; and such sales and conveyances shall have the same force and validity as if made by executors and trustees duly qualified within this state and reported to, and approved by the circuit courts, unless at the time of the execution and delivery of said deed, letters testamentary or of administration upon the estate of such decedent shall have been granted in this state and remain in force and unrevoked, and due notice of such letters be given in such county in this state, if other than the one in which such letters were originally granted here as required by section 2629 of the code, in reference to actions affecting real estate; in which case any conveyance made shall be subject to all the rights acquired under the appointment and letters granted in Iowa; provided, that no such conveyance shall be made by such executor or trustee until three months after the recording of a duly authenticated copy of the will, original rec