Obrázky stránek

What Probate Court to have jurisdiction.


Who entitled to Letters of Administration.

6. The residue, if any, of the personal estate shall be distributed in the same proportions, and to the same persons, and for the same purposes, as prescribed for the descent and disposition of the real estate, except that the widow, if any, shall be entitled to receive the same share of such residue, as a child of such intestate would be entitled to.

(2878.) Sec. 2. When any person shall die intestate, being an inhabitant of this State, letters of administration of his estate shall be granted by the Probate Court of the county of which he was an inhabitant or resident, at the time of his death; if such deceased person, at the time of his death, reside in any other State or country, leaving estate to be administered in this State, administration thereof shall be granted by

the Probate Court of any county in which there shall be 6. Pick., 20, 370, estate to be administered; and the administration first legally

granted shall extend to all the estate of the deceased in this State, and shall exclude the jurisdiction of the Probate Court of every other county.

(2879.) Sec. 3. Administration of the estate of a person dying intestate, shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled to the same, in the following order:

1. The widow or next of kin, or both, as the Judge of Probate may think proper, or such person as the widow or next of kin may request to have appointed, if suitable and competent to discharge the trust;

2. If the widow or next of kin, or the person selected by them, shall be unsuitable or incompetent, or if the widow or next of kin shall neglect, for thirty days after the death of the intestate, to apply for administration, or to request that administration be granted to some other person, the same may be granted to one or more of the principal creditors, if any such are competent and willing to take it;

3. If there be no such creditor competent and willing to take administration, the same may be committed to such other person or persons as the Judge of Probate may think proper.

(2880.) Sec. 4. Every Administrator, before he enters upon the execution of his trust, and before letters of administration shall be granted to him, shall give a bond to the Judge of Probate, with such surety or sureties as he shall direct and approve, with the same conditions as required in the case of an executor, with such variations only as may be necessary to make it applicable to the case of an Administrator.

Bond to be given by Administrator.



(2881.) Sec. 5. When there shall be a delay in granting when special Adletters testamentary or of administration, occasioned by an be appointed. appeal from the allowance or disallowance of a will, or from any other cause, the Judge of Probate may appoint an Administrator to act in collecting and taking charge of the estate of the deceased, until the question on the allowance of the will, or such other question as shall occasion the delay, shall be terminated, and an executor or Administrator be thereupon appointed; and no appealshall be allowed from the appointment of such special Administrator.

(2882.) Sec. 6. An Administrator, appointed according to the Duties of special provisions of the preceding section, shall collect all the goods, chattels and debts of the deceased, and preserve the same for the executor or Administrator who may afterwards be appointed, and for that purpose may commence and maintain suits as an Administrator, and may sell such perishable and other personal estate as the Probate Court may order to be sold.

(2883.) Sec. 7. Such special Administrator shall not be liable Not to pay debta, to an action by any creditor, or to be called upon in any other way to pay the debts against the deceased.

(2884.) Sec. 8. Every such special Administrator shall, before Bond to be given entering upon the duties of his trust, give a bond to the Judge ministrator. of Probate as he shall direct, with a condition that he will make and return a true inventory of all the goods, chattels, righits, credits and effects of the deceased which shall come to his possession or knowledge, and that he will truly account for all the goods, chattels, debts and effects of the deceased which shall be received by him, whenever required by the Probate Court, and will deliver the same to the person who shall afterwards be appointed executor or Administrator of the deceased, or to such other person as shall be legally authorized to receive the same..

(2885.) Sec. 9. Upon granting letters testamentary or of when his powers administration on the estate of the deceased, the power of such special Administrator shall cease; and he shall forth with deliver to the executor or Administrator, all the goods, chattels, money and effects of the deceased in his hands; and the executor or Administrator may be admitted to prosecute to final judgment any suit commenced by such special Administrator.

(2886.) Sec. 10. If any person, before the granting of letters Liability of por: testamentary or of administration, shall embezzle or alienate or alienating any of the moneys, goods, chattels or effects of any deceased Core Letters grau

to cease, etc.

gooils, etc, be

Administration with the Will 2)

When Adminis. trator to be removed.



person, such person shall stand chargeable and be liable to the action of the executor or Administrator of such estate, for double the value of the property so embezzled or alienated, to be recovered for the benefit of such estate.

(2887.) Sec. 11. When any sole executor or Administrator dexed, to be shall die, without having fully administered the estate, the aí soie Executor. Probate Court may grant letters of administration with the

will annexed, or otherwise, as the case may require, to some suitable person, to administer the goods and estate of the deceased, not already administered.

(2888.) Sec. 12. If an Administrator shall reside out of this State, or shall neglect, after due notice by the Judge of Probate, to render his account and settle the estate according to law, or to perform any decree of such Court, or shall abscond or become insane, or otherwise unsuitable or incapable to discharge the trust, the Probate Court may, by an order

therefor, remove such Administrator, and every executor and When allowed to Administrator, upon his request, may be allowed to resign his

trust, when it shall appear to the Judge of Probate proper to allow the same: Provided, Such executor or Administrator shall, prior, and up to the time of his resignation, settle and adjust his accounts with the estate of which he may be executor or Administrator: Provided, further, That the sureties of such executor or Administrator shall not be released from liability until such executor or Administrator shall have fully settled and adjusted his accounts as aforesaid. (a)

(2889.) SEC. 13. When an unmarried woman, who is AdminLinguisher beristratrix, alone or jointly with another person, shall marry, her

marriage shall extinguish her authority as Administratrix.

(2890.) Sec. 14. When an Administrator shall be removed, or his authority shall be extinguished, the remaining Administrator, if any, may execute the trust; if there shall be no other, the Court of Probate may commit administration of the estate not alreally administered to some suitablo person, its in case of the death of a sole Administrator.

(2891.) Sec. 15. An Administrator, appointed in the place of any former executor or Administrator, for the purpose of administering the estate not already administered, shall have the same powers, and shall proceed in settling the estate in the same manner, as the former executor or Administrator

Blarriage of Administratrix ex.


When remaining Administrator to execute trust.

Powers, etc., of
Auninistrator de
Wurtis nun

(a) As Amended by Act 20, of 1850. Laws of 1860, p. 10.

tor in such caso.

should have had or done; and may prosecute or defend any action commenced by or against the former executor or Administrator, and may have execution on any judgment recovered in the name of such former executor or Administrator.

(2892.) Sec. 16. If, after the granting of letters of adminis- Arlministration to tration by any Probate Court, on the estate of any deceased proving Will. person, as if he had died intestate, a will of such deceased person shall be duly proved and allowed by such Court, the firet administration shall, by decree of said Court, be revoked, and the powers of the Administrator shall cease, and he shall thereupon surrender his letters of administration into the Probate Court, and render an account of his administration, within such time as the Court shall direct.

(2893.) Sec. 17. The executor of the will shall, in such Powers of Erecacase, be entitled to demand, sue for and collect all the goods, chattels, rights and credits of the deceased, remaining unadministered, and may be admitted to prosecute to final judgment any suit commenced by the Administrator, before the revocation of his letters of administration.

(2894.) Sec. 18. All acts of an executor or Administrator as Acts of Executor, such, before the revocation of his letters testamentary or of cution valu. administration, shall be as valid to all intents and purposes as if such executor or Administrator had continued lawfully to execute the duties of his trust. (2895.) SEC. 19. When two or

more persons shall be

Administrators appointed Administrators to any estate, the Judge of Probate menyre te joint.com may take a separate bond from each with sureties, or a joint bond, with sureties from all.

(2896.) Sec. 20. When application shall be made to the Notice of appliJudge of Probate for the appointment of an Administrator on pointment of es an intestate estate, or for letters of administration with the ; Barboe :, 46.. will annexed, he shall cause notice of the same, and of the time and place of hearing thereof, to be published for three successive weeks in such newspaper as he may direct.

before revo

An Act to Provide for the Publication of Probate and other Legal Notices.

(Amprorri February 11, 1853.

Took ct'ect May 16, 1853. Laws of 1853, p. 75.)

(2897.) SECTION 1. The People of the State of Michigan enact, it: Probate and That all probate and other legal notices, required by law to za notion to lo be published by the Judge of Probate of any county, or any other county officer, shall be published in some newspaper


printed in the county where said Probate Judge shall hold his
Court, or where such other county officer shall reside, if there
be one printed in said county; Provided, That this act shall in
no wise affect notices which are now required to be published
previous to the sale of real estate, by executors, Administrators
and guardians.


[blocks in formation]

2898. Making and return of Inventory.
2899. Estate to be appraised, etc.
2900. Appointment of appraisers by Justices of

the Peace.
2901 Appraisal, how made and certified,
2902. Separate Inventory and Appraisal of

household furniture, etc
2903. Personal estate, first chargeable with

payment of debts, and if not sufficient,

Real estate to be sold.
2904. Executor, etc., to have right to possession

of Real and Personal estate.
2005. Proceedings in case of suspected embezzle.

ment, etc.
2906. Person cited refusing to appear and an-

swer, etc., may be committed,
2907. Proceedings to compel Account by per-

sons entrusted with any part of Estate.

2908. When Executor, etc., to compound with

2909. Interest in Mortgaged Premises to be con.

sidered Personal assets, etc.
2910. When Executor, etc., may give release;

If premises bid in, for whom Executor,

etc., to be seized.
2011. Real estate purchased by Executor, may

be sold under License.
2012. If such Land be not sold, how assigned

and distributed.
2013. When suit to be prosecuted to recover

lands, etc., fraudulently conveyed by

2914. Executors, etc., not bound to prosecute

except on application of creditors, etc.
2015. Disposition of Estate recovered.

Chapter Seventy-One of Revised Statutes of 1846.

Making and renur 01 ulven. tury.

(2898.) SECTION 1. Every executor or Administrator shall, within three months after his appointment, make and return into the Probate Court a true inventory of the real estate, and of all the goods, chattels, rights and credits of the deceased, which shall have come to his possession or knowledge; excepting only that an executor, who shall be a residtiary legatee, and shall have given bond to pay all the debts and legacies, as provided by law, shall not be required to return an inventory.

« PředchozíPokračovat »