SEC. 15. If any person has attested or shall attest the execution of any will or codicil, to whom any beneficial devise, legacy, estate, gift, or power of appointment of or affecting any real or personal estate, other than and except charges on lands, tenements, or hereditaments, for the payment of any debts, shall be thereby given or made, such devise, legacy, estate, interest, gift, or power of appointment shall, so far only as concerns such person attesting the execution of such will or codicil, or any person claiming under him, be utterly void; and such person shall be admitted as a witness to the execution of such will or codicil, such devise, legacy, estate, interest, gift, or power of appointment, notwithstanding. SEC. 16. In case, by any will or codicil already made, or hereafter to be made, any lands, tenements, or hereditaments are or shall be charged with any debt, and any creditor whose debt is so charged has attested or shall attest the execution of such will or codicil, every such creditor, notwithstanding such charge, shall be admitted as a witness to the execution of such will or codicil. SEC. 17. In case any devisee or legatee as aforesaid, who has attested the execution of any will or codicil already made, or who shall attest the execution of any which shall hereafter be made, shall die in the lifetime of the testator, or before the probate of such will, such devisee or legatee shall be deemed to have been a legal witness to the execution of such will or codicil, within the intent of this chapter, notwithstanding such legacy or bequest. Witnesses of will interested vise or bequest, and prove. in, to lose de Exception in favor of creditors, whose debts are charged by. Effect of death of witness of. SECTION 1. No will shall be effectual to pass either real or personal estate, unless it has been duly proved and allowed in the court of probate; and the probate of a will devising real estate shall be conclusive as to its due execution, as in case of a will of personal estate. Probate of, necessary and conclusive. dian of, to deliver. SEC. 2. Every person having the custody of any will shall, within Duty of custothirty days after he has knowledge of the decease of the testator, deliver the same to the court of probate, or to the person named in such will as executor. SEC. 3. The will of any married woman who resides without this state at the time of her decease, executed according to the laws of Will of nonresident mar ried woman, where may be proved. Duty of executor to prove and record, or to refuse executorship. Penalty upon custodian and executor for neglect of duty. Of recording foreign will. Of notice in case of application to record foreign will. Of duty of court in case of such application. Effect of filing and recording foreign will, and power of court to grant letters on and take bond. Effect of for eign will limited. any town this state, may be proved before the court of probate of SEC. 4. Every person named as executor of any will shall, within thirty days after the decease of the testator, or within thirty days after he has knowledge that he is so named, cause such will to be proved and recorded in the office of the clerk of probate of the town where the testator last dwelt, or file the same in the probate office, and in writing declare his refusal of the executorship. SEC. 5. Every person or executor who shall neglect his duty and trust as prescribed in sections two and four of this chapter, without just excuse made and accepted by the court of probate for such delay, shall forfeit the sum of one hundred dollars a month from and after the expiration of said thirty days, until he shall deliver the same, or cause the same to be proved and recorded, or shall file the same with his refusal as aforesaid, one half of such forfeiture to enure to those entitled under such will, and the other half to him who shall sue for the same. SEC. 6. Whenever the executor, or any other person interested in any will that has been proved and allowed in a court of probate in any of the United States, or in a court of probate in any state or kingdom, shall produce a copy of such will, with a copy of the probate thereof, under the seal of the court where the same will has been proved and allowed, unto any court of probate in any town in this state where the testator had estate real or personal, whereon the same will may operate, and shall in writing request that the same may be filed and recorded in the probate office in such town, the said court shall assign a time and place for taking the same into consideration. SEC. 7. Upon such request, the said court shall cause notice thereof to be given in the same manner as though said will was presented to such court for probate, to the end that any person may appear and show cause against the filing and recording the same. SEC. 8. If at the time assigned no objection is made, or none in the judgment of such court sufficient to prevent it, the said court may cause the said copy to be filed in the registry of said court of probate, and direct the same to be recorded. SEC. 9. Whenever a copy of any will, which has been proved and allowed in any court of probate in any of the United States or in any foreign state, shall be directed to be filed and recorded in any probate court in this state pursuant to the preceding three sections, the filing and recording thereof shall be of the same force and effect as the filing and recording of an original will, proved and allowed in the said court of probate; and such court may grant letters testamentary to the executor therein named, or letters of administration with the will annexed, to such person as said court may deem fit, taking bond from such executor or person, as in case of a will proved and allowed in such court. SEC. 10. Nothing in the preceding four sections shall be construed to make valid any will that is not executed, subscribed, and attested, according to the law of this state. CHAPTER 173. OF THE ADMINISTRATION OF TESTATE AND INTESTATE ESTATES. SECTION 1. Right of executor to letters, when. 2 and 3. Right of court to appoint administrator of, when. 4. Right of widow or next of kin to administration. 5. Effect of neglect of widow or next of kin to apply within thirty days. 6. Non-resident, when may be appointed administrator. 7. Husband's right to administration. 8 and 9. Of administration of estates of absent persons, and effect of return. 10. Of administration bond. 11. Effect of neglect to give bond. of testator. 13. Executor exempted from giving bond, or bond with sureties when. 14. Of husband's bond. 15. Of bond of executor, who is re siduary legatee. 16. Intermeddling of executors prohibited before bond. 17. Effect of marriage of joint executrix or administratrix. 18. Effect of, when sole executrix, &c. 19. Effect of death or refusal of a joint executor. 20 and 21. Effect of death of sole ex ecutor. 22. Executor and administrator, when removable. SECTION 23. Resignation of, when to be ac cepted. 24. Effect of resignation of executor, 25. Power and duty of new adminis trator. 26. Suits not abated by removal or 27. Of the adjustment, by arbitration, 28. Guardians for the suit to be ap- nors. 29. Award or compromise in such 32. Power of administrator with will 34. Liability of person alienating or 35. Notice of appointment to be given tors. SECTION 1. Upon the probate of the will of any deceased person, Right of exletters testamentary shall be granted to the executor named therein, ecutor to letters, when. provided he be of full age, and not insane, or otherwise incapable to discharge the trust reposed in him, and give bond as hereinafter required. Right of court to appoint administrator of, when. SEC. 2. Upon the neglect or refusal of the executor named in any will to present the same for probate, the court of probate shall commit administration of the estate of the deceased to one or more of the devisees or legatees, or, in case of their refusal, to one or more of the principal creditors, or to such other person as the court may think fit. SEC. 3. If the executor named in the will be under the age of twenty-one years at the time of proving the will, administration may be granted with the will annexed, during the minority of such executor, minor. to such person as the court may think fit. Of appoint ment; executor named being a Right of widow or next of kin to administration. Effect of neglect of, to apply within thirty days. Non-resident, when may be appointed administrator. Husband's istration. SEC. 4. Administration of the estate, both real and personal, of a person dying intestate, shall be granted to the widow or next of kin to the intestate, being suitable persons and of the age of twenty-one years and upwards, or to both, as the court of probate may think fit. SEC. 5. After the expiration of thirty days from the death of any person intestate, in case the widow or next of kin shall neglect to take out letters of administration, or to apply therefor within that time, or shall be adjudged not a suitable person, the said court may commit administration of such estate to some suitable person of full age, not being at the time a member of the court. SEC. 6. No person, not an inhabitant of this state, shall be appointed administrator by reason of any right to such trust, unless other circumstances, in the opinion of the court, render such appointment proper. SEC. 7. The husband shall be entitled to the administration of his right to admin- wife's personal estate, in case of her intestacy, and shall not be compelled to distribute the same among the next of kin, but shall have and retain the surplus thereof, after payment of her debts, for his own Of administra tion of estates of absent per sons. Effect of return. Of administration bond. use. SEC. 8. If any person shall be absent from this state for the term of three years, without due proof of his being alive, the last will and testament of such person may be proved, and administration may be granted on such person's estate, as if he were dead. SEC. 9. If such person shall afterwards return to this state, or shall constitute an agent or attorney to act in his behalf, the executor or administrator as aforesaid shall be accountable for, and shall deliver to such person or his lawful agent or attorney, all the estate of every kind which shall then be in his hands as executor or administrator as aforesaid, after deducting such sum or sums as the court of probate shall allow, in the settlement of his accounts, for any payments or disbursements which he may have legally made in his said capacity, or which such court of probate may think reasonable to allow, for his personal trouble, in executing the trust of executor or administrator as aforesaid. SEC. 10. Every executor and administrator shall, before entering and stand firmly bound and obliged unto the court of probate in the of the year that if the above bounden said day of in The condition of this obligation is such, who is appointed administra late of deceased, tor on the estate of for at the time of or to the hands and possession of any other person or persons for do well and truly administer according to law, and further do make or cause to be made a just and true account of said administration, upon oath, at or before the which will be in the year day of liver and pay to such person or persons as the said court of probate, by Signed, sealed, and delivered in presence of being bond. SEC. 11. In case an executor shall neglect or refuse for the term Effect of negof twenty days to give bond as aforesaid, he shall be deemed to have lect to give declined such appointment, and the court of probate may commit administration of the estate of the testator with the will annexed, to some other person, such as the court may think fit. SEC. 12. The executor of any person who in his will shall so direct, instead of the above bond, may give bond, with surety, to pay the funeral charges, debts, and legacies of the testator. SEC. 13. An executor shall be exempt from giving a bond or from giving a bond with sureties, whenever the testator shall have ordered or requested such exemption: Provided, however, that the court may, at or after granting letters testamentary, require bond with sureties, if the court should be of opinion that the same is required by a change in the circumstances or situation of the executor, or for other sufficient cause. Bond to pay funeral charges, &c., may be given, when. Executor exgiving bond, empted from or bond with sureties, when. bond. SEC. 14. The husband, as administrator on his wife's personal Of husband's estate, in case she die intestate, instead of the above bond, with surety, may give bond only to pay her just debts, and need not render to the court of probate an account. SEC. 15. If the executor be residuary legatee, he may, instead of the above bond, give bond only to pay the funeral charges, debts, and legacies of the testator, and need not render to the court of probate an account. Of bond of executor, who is residuary legatee. SEC. 16. If there be divers persons named as executors in any Intermeddling, will, none shall intermeddle or act as such, but those who actually &c., prohibgive bond as aforesaid. SEC. 17. Whenever any unmarried woman shall, jointly with one or more persons, be appointed executrix or administratrix, and after such appointment shall marry, during the life of the other executor or administrator, such marriage shall not make the husband an executor or administrator in her right, but shall operate as an extinguishment or determination of such woman's power and authority; ited. Effect of marriage of joint executrix or administratrix. |