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TITLE XXIV.

OF THE SETTLEMENT OF ESTATES OF DECEASED

PERSONS.

CHLAPTER XCIII. Of Letters Testamentary, and other Proceedings on the Probate of a Will.
CHAPTER XCIV. Of the Administration and Distribution of Estates of Intestates.
CHAPTER XCV. Of the Inventory and Collection of the Efects of Deceased Persons.
CHAPTER XCVI. Of the Payment of Debts and Legacies of Deceased Persons.
CHAPTER XCVII. Of Rendering Accounts by Executors and Administrators.
CHAPTER XCVIII. Of the Partition and Distribution of Estates.
CHAPTER XCIX. Of Probate Bonds, and the Prosecution thereof.
CHAPTER C. Of the Specific Performance by Executors and Administrators of the Contracts of

Doceased Pereons, for the Conveyanoe of Real Estate.

CHAPTER XCIII.

OF I. ETTERS TESTAMENTARY, AND OTHER PROCEEDINGS ON

THE PROBATE OF A WILL.

SECTION
2864. Letters Testamentary.
2865. Bond to be given by Executor.
2866. Bond in case Executor is Residuary Le-

gatee.
2867. Effect of Neglect to give Bond.
2868. When Executor refuses to accept, etc.,

Letters to be issued to others. 2869. Adininistration in case of minority of Ex•

ecutor. 2870. Administrator with the Will appered to

give Bond

SECTION
2871. Marriage of Executrix extinguishes her

Authority.
2872. When Executor may be removed.
2373. When remaining Executor to execute

Trust. 2874. When all Esecutors not authorized, those

authorized may execute the Will. 2875. Executor of Executor not to Administer. 2876. Separate or Joint Bonds may be

taken

Mass. R. S. Ch. 68.

Chapter Sixty-Nine of Revised Statutes of 1816.

Letters testa. mentary.

(2864.) SECTION 1. When a will shall have been duly proved and allowed, the Probate Court shall issue letters testamentary thereon, to the person named executor therein, if he is legally competent, and shall accept the trust, and give bond as required

by law. Bond to be given by executor.

(2865.) Sec. 2. Every executor, before he shall enter upon the execution of his trust, and before letters testamentary shall issue, shall give bond to the Judge of Probate in such reasonable sum as he may direct, with one or more sufficient sureties,

with conditions as follows: * Pick., 526. 1. To make and return to the Probate Court, within three 1 Mass., 35.

months, a true and perfect inventory of all the goods, chattels, rights, credits and estate of the deceased, which shall come to his possession or knowledge, or to the possession of any other person for him ;

2. To administer, according to law and to the will of the testator, all his goods, chattels, rights, credits and estate, which shall at any time come to his possession, or to the possession of any other person for him, and out of the same to pay and discharge all debts, legacies, and charges, chargeable on the same, or such dividends thereon, as shall be ordered and decreed by the Probate Court;

3. To render a true and just account of his administration to the Probate Court within one year, and at any other time when required by such Court;

4. To perform all orders and decrees of the Probate Court, by the executor to be performed in the premises.

(2866.) Sec. 3. If, however, the executor shall be residuary legatee, instead of the bond prescribed in the preceding section, he may give a bond in such sum and with such soreties as the Court may direct, with a condition only to pay all the debts and legacies of the testator; and in such case he shall

not be required to return an inventory. Effect of neglect

(2867.) Sec. 4. No person named as executor in any will, who shall refuse to accept the trust, or shall neglect to give bond as prescribed in this chapter, for twenty days after the probate of such will, shall intermeddle or act as executor.

(2868.) Sec. 5. If a person, named executor in any will, shall etc., letters to be refuse to accept the trust, or shall, for the space of twenty

days after the probate of the same, neglect to give bond as

Bond in case executor is residuary legatee.

to give bond.

When executor refuses to accept,

issued to others.

3

required by law, the Probate Court may grant letters testamentary to the other executors, if there be any who are capable and willing to accept the trust, and if there be no such other executor, who will give bond, the Court may commit administration of the estate, with the will annexed, to such person as would have been entitled to the same, if the testator had died intestate.

(2869.) SEC. 6. When the person named executor in any Administration will, is under full age at the time of proving the will, admin-ity of executor. istration shall be granted, with the will annexed, during the minority of the executor, unless there shall be another executor who shall accept the trust, and give bond; and, in that case, the executor who shall give bond, shall have letters testamentary, and shall administer the estate, until the minor shall arrive at full age, when he may be admitted a joint executor, on giving bond according to law.

(2870.) Sec. 7. Every person who shall be appointed admin- Administrator istrator with the will annexed, shall, before entering upon the red, to give

bond, etc. execution of his trust, give bond to the Judge of Probate, in the same manner, and with the same conditions, as is required of an executor, and shall proceed in all things to execute the trust in the same manner as an executor would be required to do.

(2871.) SEC. 8. When an unmarried woman, appointed an Marriage of ex. executrix, alone or jointly with another person, shall marry, cuishes her auher marriage shall extinguish her authority as executrix, and her busband shall not be executor in her right.

(2872.) Sec. 9. If an executor shall reside out of this state, When executor or shall neglect, after due notice given by the Judge of Pro-may be removed. bate to render his account and settle the estate according to law, or to perform any decree of the Court, or shall abscond 17 Mass., 341. or become insane, or otherwise incapable or unsuitable to discharge the trust, the Probate Court may remove such executor.

(2873.) Sec. 10. When an executor shall die or be removed, When remaining or his authority shall be extinguished, the remaining executor, ecuto trust, etc. if there be any, may execute the trust; and if there shall be no other executor, administration, with the will annexed, may be granted of the estate not already administered.

(2874.) Sec. 11. When all the executors appointed in any when all Execawill shall not be authorized, according to the provisions of zed, those au. this chapter, to act as such, such as are authorized shall execute the Will. have the same authority to perform every act, and discharge

thority.

14 do 295.

Executor of ex. @cutor not to ad. minister.

every trust required and allowed by the will, and their acts shall be as valid and effectual for every purpose, as if all were authorized, and should act together; and Administrators with the will annexed, shall have the same authority to perform every act, and discharge every trust, as the executor named in the will would have had, and their acts shall be as valid and effectual for every purpose.

(2875.) Sec. 12. The executor of an executor shall not, as such, have any authority to administer the estate of the first testator; but, on the death of the only surviving executor of any will, administration of the estate of the first testator, not already administered, may be granted with the will annexed,

to such person as the Probate Court may judge proper. Seperate or joint (2876.) Sec. 13. When two or more persons shall be appointed

executors of any will, the Judge of Probate may take a separate bond from each of them with sureties, or a joint bond from all of them with sureties.

bonds may be taken.

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SECTION
2877. Application and Distribution of Estates.
2878. What Probate Court to have Jurisdiction.
2879. Who entitled to Letters of Administration.
2880. Bond to be given by Administrator.
2881. When Special Administrator may be

appointed.
2882. Duties of Special Administrator.
2883. Special Administrator not to pay debts.
2884. Bond to be given by Special Administrator.
2885. When his powers to cease.
288€. Liabilities of person embezzling or alien-

ating goods, etc., before Letters granted. 2887. Administration with the Will annexed to

be granted on death of sole Executor. 2888. When Administrator may be removed ;

when allowed to resign.

SECTION
2889. Marriage of Administratrix extinguishes

her authority.
2890. When remaining Administrator to executo

Trust. 289!. Powers of Administrator de bonis non. 2892. Administration to be revoked on proving

Will. 2893. Powers of Executor in such case. 2884. Acts of Executor, etc., before revocation

cf Letters valid. 2895. Administrators may give Joint or Several

Bonds. 2896. Notice of application for appointment of

Executor, etc. 2897. How Probate and certain other Legal

notices to be published.

Chapter Seventy of Revised Statutes of 1846.

distribution of er.

(2877.) Section 1. When any person shall die possessed of Application and any personal estate, or of any right or interest therein not tates. lawfully disposed of by his last will, the same shall be applied and distributed as follows:

1. The widow, if any, shall be allowed all her articles of apparel and ornament, and all the wearing apparel and ornaments of the deceased, the household furniture of the deceased, not exceeding in value two hundred and fifty dollars; and other personal property to be selected by her, not exceeding in value two hundred dollars; and this allowance shall be made as well when the widow waives the provision made for her in the will of her husband, as when he dies intestate;

2. The widow and children, constituting the family of the 1942, p. 12. deceased, shall have such reasonable allowance out of the personal estate, as the Probate Court shall judge necessary for their maintenance during the progress of the settlement of the estate, according to their circumstances; which, in case of an insolvent estate, shall not be longer than one year after granting administration, nor for any time after the dower and personal estate shall be assigned to the widow;

3. When a person shall die, leaving children under seven years of age, having no mother, or when the mother shall die before the children shall arrive at the age of seven years, an allowance shall be made for the necessary maintenance of such children, until they arrive at the age of seven years, out of such part of the personal estate, and the income of such part of the real estate, as would have been assigned to their mother if she had been living ;

4. If, on the return of the inventory of any intestate estate, it shall appear that the value of the whole estate does not exceed the sum of one hundred and fifty dollars, the Probate Court may, by a decree for that purpose, assign, for the use and support of the widow and children of such intestate, or for the support of the children under seven years of age, if there be no widow, the whole of such estate, after the payment of the funeral charges, and expenses of administration ;

5. If the personal estate shall amount to more than one hundred and fifty dollars, and more than the allowances mentioned in the preceding subdivisions of this section, the same shall be applied to the payment of the debts of the deceased, with the charges of his funeral and of settling his estate ;

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