Effect of, when or administratrix. and the other executor or executors, administrator or administrators, may proceed in discharging the trust reposed in them, in the same way and manner as if such woman were dead. SEC. 18. Whenever any unmarried woman, executrix or adminissole executrix tratrix, shall marry, such marriage shall not make her husband an executor or administrator in her right, but shall operate as an extinguishment of such woman's power; and the court of probate shall thereupon grant administration upon the unadministered part of the estate to such husband, or to any other suitable person; who may prosecute or defend any suit which may have been commenced by or against the first executrix or administratrix, in the same manner, and to the same purpose and effect, as she might have prosecuted or defended the same if her trust had continued. Effect of death or refusal of a joint executor. Effect of death of sole executor. Same subject. Executor and administrator, when removable. Resignation of, when to be accepted. Effect of resignation of executor, when joint and when sole. SEC. 19. If any testator shall appoint more than one executor of his will, and some of them do not accept the trust, or having accepted thereof, shall die, those who shall undertake to execute the will, and the survivors of them, shall have the same power and authority as is given by such will to the whole of them, to every intent and purpose whatsoever. SEC 20. In case of the decease of any person who, while living, and at the time of his decease, was the executor of the last will and testament of any person previously deceased, and whose estate had not been fully administered upon by such deceased executor, the court of probate in the town in which such will was proved and recorded shall proceed and grant letters of administration with the will annexed, to such person as the court shall think fit. SEC. 21. In no case shall the executor of a deceased executor, in consequence thereof, become an executor of the first testator. SEC. 22. If any executor or administrator shall neglect or refuse, after due notice from the court of probate, to render his account and make a settlement of such estate with the creditors' legatees, next of kin, or their legal representatives, or whenever any executor or administrator shall become insane, or evidently unsuitable to discharge the trust reposed in him, the court of probate that proved the will or granted letters of administration may remove such executor or administrator, and may grant letters of administration with the will annexed, or otherwise as the case may require, to such person as they may think fit; and the administrator so appointed shall have full power and authority to administer the estate of the deceased not administered by such former executor or administrator. SEC. 23. Whenever any executor or administrator shall in writing resign his trust to the court appointing him, such court may accept such resignation and appoint a successor, who shall have all the power that the person resigning had; but no resignation shall be accepted until the person resigning shall have settled his accounts with such court. SEC. 24. In case the person so resigning shall have been sole executor or administrator, such court shall proceed and appoint a successor; if he were joint executor or administrator with some other person not resigning, such other person shall be required to give a new bond, in such sum as such court shall deem reasonable, with sureties satisfactory to such court; upon the giving of which he shall have the same powers in relation to the estate of the deceased that he, together with the person resigning, had jointly; but in case he refuse to give such new bond, such court shall remove him, and appoint a new administrator in his stead. duty of new administrator. SEC. 25. An administrator appointed to succeed an executor or ad- Power and ministrator resigning or removed shall ask for, demand, and receive of the executor or administrator resigning or removed, his heirs, executors, or administrators, or guardian, all the goods and effects of the deceased or of the ward, and also all books of account, bonds, notes, or other securities, documents, or papers whatsoever, touching the estate, which may be needed in the settlement thereof; and in case of refusal to deliver the same, he may sue therefor; which action shall be no bar to any other proper action to be brought on such executor's or administrator's bond. SEC. 26. No action or suit in law or equity which, at the time such executor or administrator resigns, or is removed from office as aforesaid, shall be pending in favor of or against such executor or administrator, shall abate by such resignation or removal; but the same may be prosecuted by or against the administrator who shall be appointed to succeed him. SEC. 27. A majority of the persons named as executors in any instrument, purporting to be the last will and testament of any person deceased, may, with the consent of the court of probate having jurisdiction to act upon the probate of such will, adjust by arbitration or compromise any controversy that may exist, or may arise thereon, between the persons claiming as residuary legatees or devisees under such will, and the entitled persons claiming the estate of the deceased by descent, to which arbitration or compromise the persons named as executors, those claiming as residuary legatees or devisees, and those claiming the estate as intestate, shall be parties, and such arbitration or compromise shall not affect the rights of persons who were not parties thereto. SEC. 28. If any of the persons claiming the estate as intestate shall be minors, or be under other legal disabilities, the court of probate having jurisdiction of such will may appoint a guardian for the suit, to represent the interest of such minors or persons under legal disabilities, in such arbitration or compromise. SEC. 29. Any award or compromise made in writing in such case shall be filed and entered of record in the court having jurisdiction of such will, and thereupon such will may be admitted to probate, and shall have effect, and the estate of such deceased person shall be disposed of and be administered according to the provisions thereof, as modified by such award or compromise. SEC. 30. Executors and administrators may submit to arbitration, or may adjust by compromise, any claims in favor of or against the estates by them represented, in the same manner and with the same effect, as the testator or intestate might have done. Suits not abated by removal or resignation. of the adjustment, by arbiby majority of tration, &c., executors, of controversies between residuary legatees and persons descent. claining by Guardians for the suit, to be appointed for claimants being minors. Award or compromise in such and effect of. case, how made Ex'rs and adjust claims by arbitration or compromise. adm'rs may executors and inter sese. SEC. 31. Whenever two or more persons shall have letters testa- Rights of joint mentary or letters of administration granted to them of any estate, administrators and any one or more of them shall take all or the greatest part of such estate into his or their hands, and refuse to pay the debts or funeral charges of such testator or intestate, or shall refuse to account with the other executor or administrator, the aggrieved executor or administrator may bring his action of account, or in the nature of account, against the other, and recover his proportionate share of such estate. SEC. 32. The administrator with the will annexed who shall be appointed by the court of probate shall have the same power to sell and convey real estate as may be given by such will, or by law, to the executor or executors thereof. Power of ad executor of non-resident to sell personal estate. SEC. 33. The administrator of the estate, or the executor of the ministrator and last will and testament, of any person dying without this state, duly appointed and qualified under the laws of the place where such person was domiciled at the time of his decease, may, upon application to the court of probate of any town or city in this state, in which any personal estate of such deceased person is situate, be authorized by such court to sell the same, in the same manner and with the same effect as executors or administrators appointed within this state may be authorized to sell personal estate: Provided, that no such foreign executor or administrator shall be authorized to make any such sale under the provisions of this act, until six months after the granting of his letters testamentary or of administration, nor at any time until he shall have given bond to the probate court appointing him to account with such court for the proceeds of the sale of such property, nor until after thirty days' public notice of his application therefor shall have been given: And provided further, that no such sale shall be authorized, if any creditor of such deceased person residing within this state shall have filed with the probate court, before which such application shall be pending, his objections thereto, accompanied with a sworn statement of his claim or demand, and that the same is justly due. Liability of person alienating or embezzling estate, before being qualified as administrator, &c. Notice of ap pointment to be given by SEC. 34. If any person shall alienate or embezzle any of the goods, chattels, or other personal estate of any deceased person, before he shall have taken out letters of administration and exhibited a true inventory of all the known estate of the person deceased, every such person shall stand chargeable and be liable to the creditors and other persons aggrieved, as being an executor in his own wrong. SEC. 35. Every executor and administrator shall, as soon as may be after his appointment, give notice thereof, by publishing the same in some public newspaper in this state, nearest the place in which the administrators. deceased person last dwelt, and in such other manner as the court of probate may direct. executors and SECTION 15. Of license to sell mortgaged estate, when testator or intestate dies seized. 16. Of distribution and partition of mortgaged estate. 17. Power of court to license sale of SECTION real estate, &c., of decedent, 18. Power of court to cite and examine 19. Power of to commit, &c., if he re- SECTION 1. Every administrator, except the husband as administrator on his wife's personal estate, and every executor, unless he has given bond to pay the funeral charges, debts, and legacies of the testator, shall, within three months after his appointment, return to the probate office, under oath, a true inventory of all the goods, chattels, rights, and credits of the deceased, that shall have come to the knowledge of such executor or administrator. Inventory of assets, when to be returned. SEC. 2. Such inventory shall contain a just appraisement of the What to congoods and chattels, rights and credits, therein specified, to be made tain, and of by three suitable persons, to be appointed by the court of probate, appraisers. not members of such court, who shall be sworn by the court, or by some justice of the peace of the town in which they are appointed, or by some notary public, to the faithful discharge of their trust. what limit not assets. SEC. 3. The wearing apparel of any person deceased, not exceed- Wearing aping in value the sum of two hundred dollars, not including in wear- parel, within ing apparel jewels and watches, shall not be included in the inventory, nor be considered as assets in the hands of the executor or administrator for the payment of debts, but may be bequeathed, and if not bequeathed, shall go to the next of kin of the deceased. SEC. 4. The widow of any deceased person shall, in all cases, be entitled to her apparel and to that of her children, and to such bedding and other household goods, supplies on hand, and such other property of the husband as is exempt from attachment by law, as the court of probate shall judge necessary, according to her situation and the circumstances of the estate; and such part of the personal estate as the court may allow to the widow shall not be assets, though inventoried in the hands of the executor or administrator; and if there be no children of the deceased person, or their descendants, living at the time of the decease, the said court of probate shall also allow and set off to the widow such portion of the real estate of her deceased husband which shall not be required for the payment of debts, as may be suitable for her situation and support, and be in accordance with the circumstances of the estate; and such widow shall hold such real estate in addition to her dower, upon the same terms and conditions, and for the same period, as she holds her estate of dower. SEC. 5. If any testator or intestate shall die after the first day of March, all the emblements of his lands that shall be severed before the thirty-first day of December next following shall be included in the inventory, and be assets in the hands of his executor or administrator; but all such emblements growing on the lands on the day last mentioned, or at the time of the death of the testator or intestate, if that event happen after the thirty-first day of December, and before the first day of March, shall not be so included, but shall pass with the land to the heir, devisee, or tenant in reversion or remainder. SEC. 6. The appointment of a debtor as an executor shall in no case be deemed an extinguishment of the debt, but all such debts Widow's right to apparel, household goods, supplies, &c. What emblements assets, and what not. ap Effect of pointing debtor executor. Debts due by mortgage on real estate, when assets. Power of executor, &c., of mortgagee out of possession, over mortgage. Power of, to sell. Power of, to take surrender of, or sue in ejectment for. To whose use seized, upon shall be accounted for as assets by the executor, unless otherwise directed by the will. SEC. 7. Debts due by mortgage of real estate, and the mortgaged premises shall, before foreclosure of the mortgage, be considered personal property for the purpose of settling the estates of deceased persons; and as such, shall be included in the inventory, as assets in the hands of the executor or administrator, and be distributed. SEC. 8. If the deceased mortgagee of real estate shall not, in his lifetime, have recovered seizin and possession of any real estate mortgaged to secure such debt, his executor or administrator shall have the same control of his interest in the real estate mortgaged, as he would have in personal estate mortgaged to his testator or intes tate. SEC. 9. He may sell or dispose of the mortgage in his discretion, for the amount due thereon, or for any less amount, upon obtaining leave therefor from the court of probate appointing him. SEC. 10. He may take the surrender of or sue in ejectment for, the seizin and possession of the real estate mortgaged as aforesaid, in which action, it shall be sufficient for him to declare on the seizin and possession of his testator or intestate. SEC. 11. Upon recovery or surrender of possession of real estate mortgaged as aforesaid, the executor or administrator shall be seized recovering pos- and possessed of the mortgaged estate to the sole use of the heirs of the intestate, or of the devisees of the testator, to whom such estate may be devised. session of real estate mort gaged. Duty and power of, as necessary to pay debts and legacies, &c. Private sale of when. may be made, Notice required of public sale. Power of, to discharge mortgage in case of redemption. Of license to estate, when SEC. 12. In case the lands mortgaged and recovered as aforesaid, shall be necessary for the payment of debts, legacies, or charges of administration, and the same shall be certified from the court of probate, the executor or administrator shall have full right, power, and authority to dispose and make sale of the whole or part of the real estate recovered as aforesaid, subject however to the equity of redemption. SEC. 13. The executor or administrator may also sell the same at private sale, to any person who shall pay therefor the whole of the money due upon the mortgage at the time of sale, provided the court of probate shall give leave for such private sale; otherwise, the same shall be sold at public auction to the highest bidder; and notice of such intended sale shall be given in the manner prescribed by law for the sale of real estate by executors or administrators. SEC. 14. After the surrender or recovery of possession of real estate mortgaged as aforesaid, and before conveyance or assignment in manner aforesaid, or in case the testator or intestate die possessed of any real estate mortgaged to him which may be redeemed, if the mortgagor, his heirs, executors, administrators, or assigns shall, within the time limited for the equity of redemption, redeem the mortgaged premises, the executor or administrator shall, in every instance, be entitled to receive the redemption money for distribution or payment to the devisee, and is authorized, empowered, and directed to discharge the mortgaged premises, by release, quitclaim, or other legal conveyance. SEC. 15. If the testator or intestate die seized of any real estate sell mortgaged mortgaged to him, the same, and the mortgage on the same, shall be sold by the executor or administrator only for payment of debts or legacies and charges of administration, upon obtaining license from the court of probate therefor, in the same manner as other real estate of which the testator or intestate died seized. testator or intestate dies seized. |