tary or of administration, with the will annexed, be thereupon issued, ART. 3. a revocation of such letters of administration shall be made by the surrogate; and until the same be made and served on such administrator, his acts done in good faith shall be valid; and the executors to whom letters testamentary shall be issued, shall be entitled to demand, collect, and sue for, the goods, chattels, and effects remaining unadministered.27 cutors, &c. $47. All sales made in good faith, and all lawful acts done, either Acts of exeby administrators before notice of a will, or by executors or adminis- when valid. trators, who may be removed or superseded, or who may become incapable, shall remain valid, and shall not be impeached, on any will afterwards appearing, or by any subsequent revocation or superseding of the authority of such executors or administrators.27 gate shall not $48. No surrogate shall admit to probate any will, or grant let- When surroters testamentary or of administration, in any case, or upon any estate, act. where he shall be interested as next of kin to the deceased, or as a legatee or devisee under such will, or where such surrogate shall be named as executor in such will.28 act. $49. When any surrogate who would otherwise be authorised to First judge to act, shall be so precluded from acting, upon a representation and due proof thereof, to the first judge of such county, such judge shall be vested with all the powers and authority of the surrogate, in relation to the proof of any such will, and the granting of letters testamentary or of administration thereon, and the granting of letters of administration, in case of intestacy; and shall retain jurisdiction in such cases, for all the purposes contemplated by this Chapter. $50. When the office of surrogate in any county shall be vacant, the first judge of the county shall act as surrogate, until such vacancy be supplied. $51. Whenever the first judge of any county shall act as surrogate, His powers. pursuant to the foregoing provisions, he shall possess all the powers and authority of a surrogate, in the same manner, under the same restrictions, as are herein prescribed, in relation to such surrogate; and his orders and decrees, shall in like manner be subject to appeal. $52. Whenever it becomes necessary for the first judge to use a what seal to seal in the execution of any of his duties or powers as surrogate, he use, &c. shall be authorised to use the seal of the court of common pleas of his County, without any charge therefor. All papers, vouchers and documents received by him, and which are required to be retained by the surrogate, shall be deposited in the office of the clerk of the coun ty. (27) 1 R. L. 313, § 15. (28) 1 R. L. 449, § 16. TITLE 2. Where to re cord wills, &c. District attorney when to act. Requisites of letters, &c. Their effect. Preservation $53. Whenever any will, letters testamentary, or of administration, shall be entitled or required by law, to be recorded, by such first judge, acting as surrogate, he shall record the same, in the books kept for that purpose, by the surrogate, in his own hand writing, and shall certify the same under his own hand. S54. Whenever the surrogate shall be precluded from acting in consequence of being named as executor in any will, or of being interested as legatee, or devisee, or next of kin of the deceased, and the first judge shall be named as executor in such will, with such surrogate, or shall be interested as next of kin to the deceased, or as a legatee or devisee under such will; and when the offices of surrogate and first judge shall both be vacant, the district attorney of the county shall have the same powers as are given by the preceding sections to the first judge, and may proceed in the same manner. $55. All letters testamentary, letters of administration and letters appointing any collector, shall be issued in the name of the people of this state, and shall be tested in the name of the surrogate, or other officer granting the same, and shall be signed by him, and sealed with the seal of his office; or with the seal of the court of common pleas of such county, when issued by the first judge, or district attorney.29 $56. The letters testamentary and of administration, and letters appointing a collector, granted by any officer having jurisdiction, shall be conclusive evidence of the authority of the persons to whom the same may be granted, until the same shall be reversed on appeal, or revoked, as in this Chapter provided. $57. The testimony taken by any surrogate, in relation to the of testimony. proof of any written or unwritten will, and in any controversy relating to the granting of letters testamentary or of administration, or the revoking of the same, shall be reduced to writing, and shall be entered by him, in a proper book to be provided and preserved as part of the books of his office; if taken by any first judge, or district attorney, the same shall be filed in the office of the clerk of the county. Wills, &c. to $58. Each surrogate shall record in his books, to be provided by be recorded him, all wills proved before him, and all letters testamentary or of administration, and all letters appointing a collector, with all things concerning the same. The records of such wills and letters, and the transcripts thereof duly certified by the surrogate having the custody of such records, under his seal of office, shall be evidence in all courts, so far as respects any personal estate, in the same manner as if the originals were produced and proved.30 Copies of wills when to $59. The surrogate before whom any will of a person, not being be sent to sec- an inhabitant of this state at the time of his death, shall be proved, retary of state (29) 1 R. L. 445, § 3. (30) Ib. § 7. or who shall grant letters of administration on the estate of any person, who at his death was not an inhabitant of this state, shall, within ten days after admitting such will to probate, or granting such letters, transmit a certified copy thereof to the secretary of state, to be filed in his office, the expense whereof shall be paid out of the treasury, on the warrant of the comptroller, upon producing the certificate of the secretary of state, of the receipt of such copy.31 31 ART. 1. their own $60. Every person who shall take into his possession any of the Executora in assets of any testator or intestate, without being thereto duly authoris- wrong. ed as executor, administrator or collector, or without authority from the executor, administrator or collector, shall be liable to account for the full value of such assets, to every person entitled thereto, and shall not be allowed to retain or deduct from such assets, for any debt due to him.32 TITLE III. OF THE DUTIES OF EXECUTORS AND ADMINISTRATORS IN TAKING ART. 1. Of their duties in taking and returning inventories. ART. 2.—Of the duties of executors and administrators, in the payment of debts and legacies. ART. 3. Of the duties of executors and administrators, in rendering an account, and in making distribution to the next of kin. ARTICLE FIRST. Of their Duties in taking and returning Inventories. Sec. 1. Appraisers of property to be appointed; their compensation. 2. Appraisal to be made by them and executor or administrator. 3. Notice of appraisal, how and on whom to be served; its contents. 4. Appraisers to take oath; to be inserted in inventory. 5. Proceedings of appraisers. 6. Assets enumerated, which go to executors. 7. Things which are not assets. 8. Rights of heirs to descendible property, not affected by section six. 9. Certain other articles not assets, to be included in inventory, in certain cases. 10. To whom such articles belong, and with whom to remain. 11. Mortgages, bonds, &c. to be particularly stated in inventory. 12. Money and bank bills received, to be stated; if none, the fact to be mentioned. 13. The appointment of a debtor executor, not to discharge debt. 14. Discharge of any debt in a will, to be deemed a specific bequest. 15. Duplicates of inventory to be made; one to be returned to surrogate. 16. Oath to be taken by executor or administrator, to be endorsed on inventory. 17. On neglect to return inventory, surrogate to issue summons. 18. If inventory not returned, attachment to issue, and executor, &c. to be imprisoned. 19. When letters to be revoked, and new letters to be issued. 20. Effect of such new letters. 21. When bond of former administrator, &c. to be prosecuted; proceedings thereon. 22. When and by whom administrator, &c. imprisoned, may be discharged. TITLE 3. SEC. 23. Inventory may be returned by one executor; those refusing, to forfeit their ap. pointment. 24. New assets discovered, to be appraised and inventoried; inventory to be returned. $1. Upon the application of any executor or administrator, the surrogate who granted letters testamentary or of administration, shall, by writing, appoint two disinterested appraisers, as often as occasion may require, to estimate and appraise the property of a deceased person; and such appraisers shall be entitled to receive a reasonable compensation for their services, to be allowed by the surrogate. 33 $ 2. The executors and administrators of any testator or intestate, within a reasonable time after qualifying, and after giving the notice in the next section required, with the aid of appraisers so appointed by the surrogate, shall make a true and perfect inventory of all the goods, chattels, and credits, of such testator or intestate, and where the same shall be in different and distant places, two or more such inventories, as may be necessary.33 $ 3. A notice of such appraisement shall be served, five days previous thereto, on the legatees and next of kin, residing in the county where such property shall be; and it shall also be posted in three of the most public places of the town. In every such notice, the time and place at which such appraisement will be made, shall be specified. $4. Before proceeding to the execution of their duty, the appraisers shall take and subscribe an oath, to be inserted in the inventory made by them, before any officer authorised to administer oaths, that they will truly, honestly and impartially appraise the personal property, which shall be exhibited to them, according to the best of their knowledge and ability.34 $5. The appraisers shall, in the presence of such of the next of kin, legatees, or creditors of the testator or intestate as shall attend, proceed to estimate and appraise the property which shall be exhibited to them; and shall set down each article separately, with the value thereof in dollars and cents, distinctly, in figures, opposite to the articles respectively. $ 6. The following property shall be deemed assets, and shall go to the executors or administrators, to be applied and distributed as part of the personal estate of their testator or intestate, and shall be included in the inventory thereof: 1. Leases for years; lands held by the deceased from year to year ; and estates held by him for the life of another person :35 2. The interest which may remain in the deceased at the time of his death, in a term for years, after the expiration of any estate for years therein, granted by him or any other person: (33) 1 R. L. 311, § 1. (34) Ib. § 2. (35) Ib. 365, § 4. 3. The interest in lands devised to an executor for a term of for the payment of debts: years, 4. Things annexed to the freehold, or to any building, for the purpose of trade or manufacture, and not fixed into the wall of a house, so as to be essential to its support: 5. The crops growing on the land of the deceased, at the time of his death: 6. Every kind of produce raised annually by labor and cultivation, excepting grass growing and fruit not gathered : 7. Rent reserved to the deceased, which had accrued at the time of his death:36 8. Debts secured by mortgages, bonds, notes or bills; accounts, money, and bank bills, or other circulating medium, things in action, and stock in any company, whether incorporated or not: 9. Goods, wares, merchandize, utensils, furniture, cattle, provisions, and every other species of personal property and effects, not herein after excepted. ART. 1. 37. Things annexed to the freehold, or to any building, shall not what are not go to the executor, but shall descend with the freehold to the heirs or assets. devisees, except such fixtures, as are mentioned in the fourth subdi vision of the last section. heirs. $8. The right of an heir to any property not enumerated in the Rights of preceding sixth section, which by the common law would descend to him, shall not be impaired by the general terms of that section. articles to be $9. Where a man, having a family, shall die, leaving a widow, Certain other or a minor child or children, the following articles shall not be deemed inventoried. assets, but shall be included and stated in the inventory of the estate, without being appraised: 1. All spinning wheels, weaving looms, and stoves, put up, or kept, for use by his family: 2. The family bible, family pictures, and school books used by or in the family of such deceased person; and books, not exceeding in value fifty dollars, which were kept and used as part of the family library, before the decease of such person : 3. All sheep, to the number of ten, with their fleeces, and the yarn and cloth manufactured from the same; one cow; two swine, and the pork of such swine: 4. All necessary wearing apparel, beds, bedsteads, and bedding; necessary cooking utensils; the clothing of the family; the clothes of a widow, and her ornaments proper for her station; one table, six chairs, six knives and forks, six plates, six teacups and saucers, one sugar dish, one milk pot, one teapot and six spoons.37 $10. The said articles shall remain in the possession of the widow, Where to reif there be one, during the time she shall live with, and provide for, (36) 1 R. L. 439, § 18; 443, § 27. (37) Laws of 1824, p. 32. main, &c. |