publication through the newspapers or otherwise, as it may deem expedient. SEC. 13. It may, also, direct a reference for the purpose of ascertaining the propriety of ordering the sale or mortgage as applied for. Reference. SEC. 14. Before any such sale or mortgage can be Security. executed, the guardian must give security to the satisfaction of the court, the penalty of which shall be at least double the value of the property to be sold, or of the money to be raised by the mortgage, conditioned that he will faithfully perform the duties in that respect, and account for and apply all moneys received by hin under the direction of the court. SEC. 15. When the application for the sale of property costs. is resisted, the court may, in its discretion, award costs to the prevailing party, and may, when satisfied that there was no reasonable ground for making the application, direct the costs to be paid by the guardian from his own funds. SEC. 16. Decds may be made by the guardian in his Deeds. own name, but they must be returned to the court, and the sale or mortgage be approved before the same are valid. SEC. 17. The same rules that are prescribed in the sale of real property by executors and administrators, shall be observed in the sales under the provisions of this act, as far as applicable. SEC. 18. A failure to comply with any order of the court in relation to the guardianship, shall be deemed a breach of the condition of the guardians' bond, which may accordingly be put in suit by any one aggrieved thereby, fo which purpose the court may appoint another guardian of the minor, if necessary. The court may, also, commit him to jail until he complies with such order. Rules under this act. Guardianslop, Annud ac SEC. 19. Guardians of the property of minors must account, on oath, annually, or oftener, if required by the counting. court. It may, also, direct them to give new or supplemental security, or may remove them for good cause shown, which cause must be entered on the records. SEC. 20. Where a new guardian is appointed, the court Effects. Non-resident. Appointment. may order the effects of the minor, which are in the hands of his predecessor, to be delivered up to such new guardian. SEC. 21. The foreign guardian of any non-resident minor may be appointed the guardian of such minor, by the court of the county wherein he has any property, for the purpose of selling or otherwise controlling that and all other property of such minor within this territory. SEC. 22. Such appointment may be made, upon his filing, in the office of the probate judge of the county wherein there is any such property, an authenticated copy Copy of order. of the order for his appointment. He shall thereupon qualify, like other guardians except as in the next succeeding section is prescribed. Inventory. Compensation. SEC. 23. Upon the filing of an authenticated copy of the bond and the inventory rendered by the guardian in the foreign state, if the court is satisfied with the sufficiency of the amount of the security, it may dispense with the filing of an additional bond. SEC. 24. Guardians shall receive such compensation as the court may from time to time allow. The amount allowed and the service for which the allowance was made, must be entered upon the records of the court. SEC. 25. This act shall take effect and be in force from and after its passage. Approved, December 9th, 1869. EXECUTORS AND ADMINISTRATORS. CHAPTER 6. AN ACT RESPECTING EXECUTORS AND ADMINISTRATORS, OF THEIR APPOINT- Be it enacted by the Council and House of Representatives SEC. 1. The probate courts in vacation shall grant letters testamentary and of administration. SEC. 2. Letters testamentary and of administration, shall be granted in the county in which the mansion, house or place of abode of the deceased is situated. If he had no mansion, house, or place of abode at the time of his death, and be possessed of lands, letters shall be granted in the county in which the land, 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 where the greater part of his estate may be. If he died out of the territory, having no mansion, house, place of abode or lands in this territory, such letters may be granted in any county. Letters testamentary. Who shall grant Where granted. Orders, trials, SEC. 3. All orders, settlements, trials and other proceedings, entrusted by this act to the probate court, shall &c., where made. be had or made in the county in which the letters testamentary, or of administration were granted. SEC. 4. No judge of any probate court, in his own county, and no person under twenty-one years of age, or of unsound mind, shall be executor or administrator; no married woman shall be executrix or administratrix, nor shall the executor of any executor in consequence thereof, be executor of the first testator. Who shall not settle estates. ministration, to Letters of ad- SEC. 5. Letters of administration shall be granted, whom granted. first to the husband or wife, or to those who are entitled to distribution, of the estate, or one or more of them, as the court in vacation shall believe will best manage and improve the estate. To apply with in ten days. Letters granted to persons next SEC. 6. If no such persons apply for such letters within ten days after the death of the deceased, letters may be granted to any person whom the court shall consider most suitable. SEC. 7. The probate court in vacation, may, in its entitled thereto. discretion or on the application of any person interested, issue a citation to the persons entitled to administration, calling on them 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 preference, file their renunciation thereof, in writing, with the probate court, letters of administration shall be granted to the person next entitled thereto. Refuse to act. To give bonds. Will contested, &c. SEC. 8. After probate of any will, letters testamentary shall be granted to the persons therein appointed executors. If a 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 of administration shall be granted to the person to whom administration would have been granted if there had been no will. SEC. 9. When there are two or more persons named co-executors in any will, none shall have authority to act as such, or intermeddle, except those who give bond, unless otherwise provided in the will. SEC. 10. If the validity of a will be contested, or the executor be a minor, or absent from the territory, letters of administration shall be granted during the time of such contest, minority or absence, to some other person who shall take charge of the poperty and administer the same according to law, under the direction of the court, and account for, and pay and deliver all the money and property of the estate to the administrator, when qualified to act. executor or regular SEC. 11. Every applicant for letters of administration at the time of application, shall make an affidavit, stating, to the best of his knowledge and belief, the names of places of residence of the heirs of the deceased, and that the deceased died without a will, as he verily believes. SEC. 12. At the time that letters of administration are granted, the administrator shall take and subscribe an oath, that he will make a true and perfect inventory of, and faithfully administer all the estate of the deceased, and pay the debts as far as the assets will extend, and account for and pay all assets which shall come to his possession or knowledge, according to law. SEC. 13. A similar oath, with such variations as the case may require, shall be taken by administrators of the goods remaining unadministered, and by administrators during the time of contest about a will, or the minority or absence of an executor. SEC. 14. Every administrator, with the will annexed, and executor at the time letters are granted to him, shall take an oath that he 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, render just accounts and faithfully perform all things required by law touching such executorship or administration. SEC. 15. The probate court in vacation, shall take a bond of the person to whom letters of administration are granted, with two or more sufficient securities, residents in the county, to the territory of Wyoming, in such amount as the court shall deem sufficient, not less than double the amount of the estate. SEC. 16. The condition of such bond shall be as follows: The condition of the above bond 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 Affidavit made by applicant. |