PUBLIC LAWS.

AN ACT in relation to Executors and Administrators.

ARTICLE I.

OF THEIR APPOINTMENT AND REMOVAL FROM OFFICE.

1. Letters testamentary and of administration; by whom granted.

2. Duty of probate judge when granted in vacation.

3. Where letters are to be granted.

4. Proceeding entrusted to court; where to be had.

5. Who shall be an executor or administrator.

6. Who entitled to administration next of kin.

7. When letters may be granted to other persons.

8. A non-resident of the Territory shall not be executor or administrator.

9. Citation may be issued to persons entitled; failure to appear deemed a renun

ciation.

10. Letters to administrators.

11. Executors shall give bonds.

12. Shall have two or more good securities.

13. Validity of the will.

14. Application of administration to discover on oath the heirs; administrator to take oath.

15. Administrator de bonis non to take similar oaths.

16. Oath of administrators, with will annexed.

19. Bond of executors or administrators, with will annexed.

20. Who shall not be taken as security in bond of executor or administrator. 21. Who to be used as security; testimony may be taken.

22. Bonds to be recorded; originals filed; taken in vacation; how disposed of. 23. Probate court to approve or reject bond taken in vacation; duty of clerk in

such cases.

24. If bond be rejected, new bond to be given; failure to give, such letters to be revoked.

25. Original bond valid until new bond given.

26. Letters of administration to be recorded before delivery.

27. Penalty on clerk for failing to record letters before delivery.

28. Certified copies of letters to be testimony.

29. Form of letters testamentary.

30. Form of letters of administration.

31. All letters to be issued in the above form.

32. Letters revoked on production of will.

33. Letters revoked; if will set aside, other letters granted.

34. Marriage of femme sole.

35. For what cause, and how letters may be revoked.

36. Heir, legatee, creditor, or other persons, may apply for additional security. 37. Security in bond may apply to be released on his bond.

38. When another bond may be required.

39. New bond to discharge former securities.

40. Failure to give new bond deemed a revocation of letters.

41. Court may order further security to be given; failure to comply deemed a revocation of letters.

42. Resignation of letters; how made.

43. On resignation, expenses paid by applicant.

44.

Letters of one revoked, others to proceed with administration.

45. Administrator de bonis non; when granted.

46. If executors or administrators die or resign, letters revoked; how to account.

47. Who may proceed against the delinquent and his securities.

48. Securities not to be sued after seven years.

49. Failure to make settlement; court may revoke letters.

50. Delinquent to pay for citation or attachment.

51. Surviving partner may administer on partnership effects; when and how.

52. Executors or administrators of member of copartnership to make inventory

of property.

53. Duty of executors or administrators of deceased partner when surviving partner fails to administer.

54. Disposition of property when partner administers.

55.

56.

Condition of bond.

Bond may be taken by the proper court in the county in which partner resides.

57. Authority of probate over survivor.

58. Survivor refusing to act, cxecutor or administrator of deceased member of firm to give bond and take possession of partnership effects; his duties.

59. To give further bond; its condition.

60. Survivor to exhibit, and in certain cases to surrender, partnership property. 61. Failure to comply may be cited; penalty.

62. What debts must be exhibited for allowance, and property bound for debts. 63. Time for exhibition of claims.

64. Who may defend claims against partnership; in what cases, and to what

extent.

65. This act to govern administrators of partnership effects; to what extent.

66. Powers of court in case of resignation or removal of administrators.

67. Powers of court in case of death of the administrator or executor.

68.

69.

Other powers granted; court; judgment may be rendered against certain parties.

Notice to be given.

70. Notice to be issued, and by what officer.

71. Notice, and the manner of its service.

Be it enacted by the Legislative Assembly of the Territory

of Montana.

SEC. 1. The probate court in each county, or the clerk thereof in vacation, shall grant letters testamentary and of administration,

subject to the confirmation or rejection of said probate court in term time.

SEC. 2. The clerk thereof shall present to the probate court on the first day of the next succeeding term thereof all such letters as may have been granted by him in vacation, and shall enter on the records the confirmation of such letters.

SEC. 3. Letters testamentary and of administration shall be granted in the county where the mansion-house or place of abode of the deceased is situated. If he or she had no mansion-house or place of abode, and be possessed of lands or real estate, letters shall be granted in the county in which such lands, or a part thereof, lies. If the deceased had no mansion-house or place of abode, and was not possessed of lands, letters may be granted in the county in which he died, or in the county in which the greater part of his or her estate may be. If he or she died out of this Territory, leaving no mansion-house or place of abode, or lands, in this Territory, such letters may be granted in any county.

SEC. 4. All orders, settlements, trials, and other proceedings, entrusted by this act to the probate courts, shall be had or made in the county in which letters testamentary or of administration were granted.

SEC. 5. No judge of probate in his own county, or the clerk or deputy clerk of such court, and no person under twenty-one years of age, or of unsound mind, or who has been convicted of an infamous crime, or who upon proof shall be adjudged by the court incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want of understanding, shall be appointed or act as administrator or executor. No married woman shall be executrix or administratrix, nor shall the executor of an executor in consequence thereof be executor of the first testator.

SEC. 6. Letters of administratien shall be granted first to the husband or wife of the deceased, or to those who are entitled to distribution of the estate, or one or more of them, as the court shall believe will best manage and improve the estate.

SEC. 7. If no person apply for such letters within twenty days after the decease, letters may be granted to any person whom the court, or clerk in vacation, may think most suitable, and possessing the necessary qualification to execute said trust.

SEC. 8. Letters testamentary and of administration shall in no

case be granted to a non-resident of this Territory; and whenever an executor or administrator shall become a non-resident, the probate court having jurisdiction of the estate of the testator or intestate of such executor or administrator shall revoke his or her letters.

SEC. 9. The probate court, or the clerk thereof in vacation, on the application of any person interested, may issue a citation to the person entitled to administration, calling others to administer, and if they fail to take out letters within ten days after the service of the citation, or if the persons entitled to the preference file their renunciation thereof, in writing, letters of administration shall be granted to the person next entitled thereto.

If a

SEC. 10. After the probate of any will, letters testamentary shall be granted to the persons therein appointed executors. part of the persons thus appointed refuse to act, or be disqualified, the letters shall be granted to the other persons appointed therein. If all such persons refuse to act, or be disqualified, letters shall be granted to the person to whom administration would have been granted if there had been no will.

SEC. 11. When there are two or more persons appointed executors in any will, none shall have authority to act as such, or intermeddle, except those who give bond.

Sac. 12. When two or more persons are appointed executors, the court or judge, or clerk in vacation, may take a separate bond from each of them, with two or more good securities, or he may take a joint bond from all of them, with two or more sufficient securities

SEC. 13. If the validity of the will be contested, or the executor be a minor, or absent from the Territory, or disqualified from acting as such under the provisions of this act, letters of administration shall be granted during the time of such contest, minority, absence, or disqualification, to some other person, who shall take charge of the property, and administer the same according to law, under the direction of said court, and account for and pay and deliver all the money and property of the estate of the deceased to the executor or regular administrator when qualified to act.

SEC. 14. Every applicant for letters of administration, at the time of the application shall make an affidavit stating to the best of his knowledge and belief the names and places of residence of the

heirs of the deceased, that the deceased died without a will, that he or she will make a perfect inventory of, and faithfully administer all the estate of the deceased, and pay the debts as far as the assets will extend and the law direct, and account for and pay all assets which shall come to his possession or knowledge.

SEC. 15. A similar affidavit shall be made, with such variations as the case may require, by the administrators of goods remaining unadministered, and by administrators during the time of contest about a will, or the minority, inability, or absence of the executor appointed therein.

SEC. 16. Every administrator, with the will annexed, and exexecutor, at the time letters are granted to him, shall make an affidavit that he or she will make a perfect inventory of the estate and faithfully execute the last will of the testator, pay the debts and legacies as far as the assets will extend and the law direct, render just accounts, and faithfully perform all things required by law touching such executorship or administration.

SEC. 17. The probate court, or the judge or clerk thereof in vacation, shall take a bond of the person to whom letters of administration are granted, with two or more sufficient securities, residents of the county, to the people of the Territory of Montana, in such amount as the court, judge, or clerk thereof shall deem sufficient, in not less than double the amount of the estate.

SEC. 18. The condition of such bond shall be as follows: The condition of the above is that if A. B., administrator of the estate of W. C., deceased, shall faithfully administer said estate, account for, pay, and deliver all money and property of said estate, and perform all other things touching said administration required by law or the order or decree of any court having jurisdiction, then the above bond to be void, otherwise to remain in full force, on which bond suit may be brought in the name of the people of the Territory of Montana, by and to the use of any person injured by said administrator, in any court of said Territory having jurisdiction.

SEC. 19. A similar bond, with such variations as the case may require, shall be given by all executors and administrators, with the will annexed, or of the goods remaining unadministered, and all administrators during the time of contest about a will, or of the minority, absence, or disqualification of an executor.