ecutor or administrator with will an

debts, and effects of the decedent remaining unadminis- Powers of extered, and may prosecute to final judgment any suit com menced by the administrator before the revocation of his nexed, under letters of administration.

last section.

In case one executor or administra

SEC. 104. In case any one of the several executors or administrators, to whom letters are granted, dies, becomes lunatic, is convicted of an infamous crime, or otherwise becomes incapable of executing the trust, or in tor die or be case the letters testamentary or of administration are revoked or annulled with respect to any one executor or administrator, the remaining executor or administrator must proceed to complete the execution of the will or administration.

SEC. 105. If all such executors or administrators die or become incapable, or the power and authority of all of them is revoked, the probate court must issue letters of administration with the will annexed, or otherwise, to the widow, or next of kin, or others, in the same order and manner as is directed in relation to original letters of administration. The administrators so appointed must give bond in the like penalty, with like sureties and conditions, as herein before required of administrators, and shall have the like power and authority.

SEC. 106. Any executor or administrator may, at any time, by writing filed in the probate court, resign his appointment, having first settled his accounts, and delivered up all the estate to the person whom the court shall appoint to receive the same. If, however, by reason of any delays in such settlement and delivering up of the estate, or for any other cause, the circumstances of the estate, or the right of those interested therein, require it, the court may, at any time before settlement of accounts and delivering up of the estate is completed, revoke the letters of such executor or administrator, and appoint in his stead an administrator, either special or general, in the same manner as is directed in relation to original letters of administration. The liability of the outgoing executor or administrator, or of the sure

comes disqualified, the remaining

one or ones to act.

If all execuor ad

tors

ministrators

cease to act,

other one appointed.

Executor or tor may re

administra

sign.

When court

may appoint

special or

general ad

ministrator.

Bond of executor not affected by resignation.

Validity of acts of exec

utor or administrator ceasing to act before estate settled.

Evidence as

ties on his bond, shall not be in any manner discharged, or affected by such appointment or resignation. SEC. 107. All acts of an executor or administrator, as such, before the revocation of his letters testamentary, or of administration, are as valid, to all intents and purposes, as if such executor or administrator had continued lawfully to execute the duties of his trust.

SEC. 108. A transcript from the minutes of the court, showing the appointment of any person as executor or administrator, together with the certificate of the clerk, under his hand and the seal of his court, that such of executor person has given bond and been qualified, and that letters testamentary or of administration have been issued to him, and have not been revoked, shall have the same effect in evidence as the letters themselves.

to appointment and qualification

or

adminis

trator.

If judge disqualified to act as such by reason of interest, etc..

admit will to probate.

ARTICLE IX.-Disqualified Judges and Transfers of

Administrators.

SEC. 109. No probate court shall admit to probate any will, or grant letters testamentary or of administration, in any case where the judge thereof is interested as next of kin to the decedent, or as a legatee or devisee,

he shall not under the will, or when he is named as executor or trustee in the will, or as a witness thereto, or is in any other manner interested or disqualified from acting.

If probate

judge dis

qualified to

act he must

transfer proceedings to court of an

SEC. 110. When a petition is filed in the probate court, praying for admission to probate of a will, or for granting letters testamentary or of administration, or when proceedings are pending in the probate court for the settlement of an estate, and the presiding judge of the court is disqualified to act from any cause, upon his own or the motion of any person interested in the estate, he must adjoining make an order transferring the proceeding to the probate court of an adjoining county, and the clerk of the court ordering the transfer must transmit to the clerk of the court to which the proceeding is ordered to be transferred, a certified copy of the order, and all papers on file in his office in the proceeding; and thereafter the

county.

of record in case of transfer.

Right of perminister not transfer.

sons to ad

affected by

probate court to which the proceeding is transferred shall exercise the same authority and jurisdiction over Certified copy the estate, and all matters relating to the administration thereof, as if it had original jurisdiction of the estate. SEC. 111. The transfer of a proceeding from one court to another, as provided for in the preceding section, shall not affect the right of any person to letters testamentary or of administration on the estate transferred, but the same persons are entitled to letters testamentary or of administration on the estate, in the order hereinbefore provided. If, before the administration is closed of any estate so transferred as herein provided, another person is elected or appointed and qualified as probate judge of the county wherein such proceeding was originally commenced, who is not disqualified to act in the settlement of the estate, and the causes for which the proceeding was transferred no longer exist, any person interested in the estate may have the proceeding returned to the court from which it was originally transferred, by filing a petition setting forth these facts, and moving the court therefor.

When

ceeding transferred may be sent

back to coun

ty where ated.

same origin

Petition and re-transfer.

motion for

When

ordered.

re

SEC. 112. On hearing the motion, if the facts required by the preceding section to be set out in the petition are satisfactorily shown, and it further appears to the court transfer to be that the convenience of parties interested would be promoted by such change, the judge must make an order transferring the proceeding back to the probate court where it was originally commenced; and the clerk of the court ordering the transfer must transmit to the clerk of the court in which the proceeding was originally commenced, a certified copy of the order, and all the original papers on file in his office in the proceeding, and the court where the proceeding was orignally commenced shall thereafter have jurisdiction and power to make all necessary orders and decrees to close up the administration of the estate.

Order

to

transfer prooriginal

ceeding to

county.

Cases

in

comes the du

ty of probate judge to sus

ARTICLE X.-Removal and Suspension in Certain

Cases.

SEC. 113. Whenever the probate judge has reason to believe, from his own knowledge or from credible information, that any executor or administrator has wasted, embezzled, or mismanaged, or is about to waste or emwhich it be bezzle, the property of the estate committed to his charge, or has committed, or is about to commit, a fraud upon the pend an ex- estate, or is incompetent to act, or has permanently removed from the territory, or has wrongfully neglected the estate, or has long neglected to perform any act as such executor or administrator, he must, by an order entered upon the minutes of the court, suspend the powers of such executor or administrator until the matter is investigated.

ecutor or administrator.

Notice and

citation to be

issued execu

tor or admin

istrator in

case he is suspended.

proceeding to

of executor or

SEC. 114. When such suspension is made, notice thereof must be given to the executor or administrator, and he must be cited to appear and show cause why his letters should not be revoked. If he fail to appear in obedience to the citation, or, if appearing, the court is satisfied that there exists cause for his removal, his letters must be revoked, and letters of administration granted anew, as the case may require.

SEC. 115. At the hearing any person interested in Hearing of the estate may appear and file his allegations in writing, revoke letters showing that the executor or administrator should be readministra moved, to which the executor or administrator may demur or answer, as hereinbefore provided. The issues raised must be heard and determined by the court.

tor.

Of notice to

administra

in case of his

removal from

SEC. 116. If the executor or administrator has abexecutor or sconded or conceals himself, or has removed or absented tor to revoke himself from the territory, notice may be given him of the pendency of the proceedings, by publication, in such manner as the court may direct, and the court may proupon such notice as if the citation had been personally served.

territory or has absconded or conceals himself.

ceed

ings under preceding sections, the

administra

SEC. 117. In the proceedings authorized by the pre- In proceed. ceding sections of this article for the removal of an executor or administrator, the court may compel his attendance by attachment, and may compel him to answer questions, on oath, touching his administration, and, upon his refusal so to do, may commit him until he obey, or may revoke his letters, or both.

CHAPTER IV.

ARTICLE I.— Inventory, Appraisement, and Possession of Estate.

all

SEC. 118. Every executor or administrator must make and return to the court, at its first term after his appointment, a true inventory and appraisement of the estate of the decedent, including the homestead, if any, which has come to his possession or knowledge.

executor or tor may be atcompelled to oath.

tached and

answer under

Inventory and appraisement of estate to be

made and rebate court."

turned to pro

Court to ap

praisers.

SEC. 119. To make the appraisement, the probate judge or court must appoint three disinterested persons point ap(any two of whom may act), who are entitled to receive a reasonable compensation for their services, not to exceed five dollars per day, to be allowed by the court or judge. The appraisers must, with the inventory, file a verified account of their services and disbursements. If only one day's services are charged, the bill need not be sworn to.

If any part of the estate is in any other county than that in which letters are issued, appraisers thereof may be appointed, either by the probate judge having jurisdiction of the estate or by the probate judge of such other county, on request of the judge having jurisdiction.

Compensa

tion and re

port of appraisers.

praisers.

SEC. 120. Before proceeding to the execution of their duty, the appraisers, before any officer authorized to administer oaths, must take and subscribe an oath, to be attached to the inventory, that they will truly, hon- Oath of ap estly, and impartially appraise the property which is exhibited to them, according to the best of their knowledge and ability. They must then proceed to estimate and appraise the property. Each article must be set