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TITLE XXIV.

OF THE SETTLEMENT OF ESTATES OF DECEASED PERSONS.

CHAPTER XCIII. Of Letters Testamentary, and other Proceedings on the Probate of a Will.
CHAPTER XCIV. Of the Administration and Distribution of Estates of Intestates.
CHAPTER XCV. Of the Inventory and Collection of the Effects of Deceased Persons.
CHAPTER XCVI. Of the Payment of Debts and Legacies of Deceased Persons.
CHAPTER XCVII. Of Rendering Accounts by Executors and Administrators.

CHAPTER XCVIII. Of the Partition and Distribution of Estates.

CHAPTER XCIX. Of Probate Bonds, and the Prosecution thereof.

CHAPTER C. Of the Specific Performance by Executors and Administrators of the Contracts of
Deceased Persons, for the Conveyance of Real Estate.

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Mass. R. S. Ch. 68.

Letters testa. mentary.

Bond to be given by executor.

Pick., 526. 1 Mass., 35.

Bond in case executor is residuary legatee.

Effect of neglect to give bond.

refuses to accept,

Chapter Sixty-Nine of Revised Statutes of 1846.

(2864.) SECTION 1. When a will shall have been duly proved and allowed, the Probate Court shall issue letters testamentary thereon, to the person named executor therein, if he is legally competent, and shall accept the trust, and give bond as required by law.

(2865.) SEC. 2. Every executor, before he shall enter upon the execution of his trust, and before letters testamentary shall issue, shall give bond to the Judge of Probate in such reasonable sum as he may direct, with one or more sufficient sureties, with conditions as follows:

1. To make and return to the Probate Court, within three months, a true and perfect inventory of all the goods, chattels, rights, credits and estate of the deceased, which shall come to his possession or knowledge, or to the possession of any other person for him;

2. To administer, according to law and to the will of the testator, all his goods, chattels, rights, credits and estate, which shall at any time come to his possession, or to the possession of any other person for him, and out of the same to pay and discharge all debts, legacies, and charges, chargeable on the same, or such dividends thereon, as shall be ordered and decreed by the Probate Court;

3. To render a true and just account of his administration to the Probate Court within one year, and at any other time when required by such Court;

4. To perform all orders and decrees of the Probate Court, by the executor to be performed in the premises.

(2866.) SEC. 3. If, however, the executor shall be residuary legatee, instead of the bond prescribed in the preceding section, he may give a bond in such sum and with such sureties as the Court may direct, with a condition only to pay all the debts and legacies of the testator; and in such case he shall not be required to return an inventory.

(2867.) SEC. 4. No person named as executor in any will, who shall refuse to accept the trust, or shall neglect to give bond as prescribed in this chapter, for twenty days after the probate of such will, shall intermeddle or act as executor.

When executor (2868.) SEC. 5. If a person, named executor in any will, shall etc., letters to be refuse to accept the trust, or shall, for the space of twenty days after the probate of the same, neglect to give bond as

issued to others.

required by law, the Probate Court may grant letters testamentary to the other executors, if there be any who are capable and willing to accept the trust, and if there be no such other executor, who will give bond, the Court may commit administration of the estate, with the will annexed, to such person as would have been entitled to the same, if the testator had died intestate.

in case of minor

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(2869.) SEC. 6. When the person named executor in any Administration will, is under full age at the time of proving the will, admin-ity of executor. istration shall be granted, with the will annexed, during the minority of the executor, unless there shall be another executor who shall accept the trust, and give bond; and, in that case, the executor who shall give bond, shall have letters testamentary, and shall administer the estate, until the minor shall arrive at full age, when he may be admitted a joint executor, on giving bond according to law.

with the will an

bond, etc.

(2870.) SEC. 7. Every person who shall be appointed admin- Administrator istrator with the will annexed, shall, before entering upon the exed, to give execution of his trust, give bond to the Judge of Probate, in the same manner, and with the same conditions, as is required of an executor, and shall proceed in all things to execute the trust in the same manner as an executor would be required to do.

ecutrix extin

(2871.) SEC. 8. When an unmarried woman, appointed an Marriage of exexecutrix, alone or jointly with another person, shall marry, guishes her auher marriage shall extinguish her authority as executrix, and her husband shall not be executor in her right.

thority.

may be removed.

(2872.) SEC. 9. If an executor shall reside out of this State, When executor or shall neglect, after due notice given by the Judge of Probate to render his account and settle the estate according to law, or to perform any decree of the Court, or shall abscond 17 Mass., 341. or become insane, or otherwise incapable or unsuitable to discharge the trust, the Probate Court may remove such executor.

14 do 295.

When remaining

(2873.) SEC. 10. When an executor shall die or be removed, executor to ex or his authority shall be extinguished, the remaining executor, ecute trust, etc. if there be any, may execute the trust; and if there shall be no other executor, administration, with the will annexed, may be granted of the estate not already administered.

tors not authori

(2874.) SEC. 11. When all the executors appointed in any when all Execu will shall not be authorized, according to the provisions of zed, those authis chapter, to act as such, such as are authorized shall execute the Will. have the same authority to perform every act, and discharge

thorized may

Executor of executor not to administer.

Seperate or joint bonds may be taken.

every trust required and allowed by the will, and their acts shall be as valid and effectual for every purpose, as if all were authorized, and should act together; and Administrators with the will annexed, shall have the same authority to perform every act, and discharge every trust, as the executor named in the will would have had, and their acts shall be as valid and effectual for every purpose.

(2875.) SEC. 12. The executor of an executor shall not, as such, have any authority to administer the estate of the first testator; but, on the death of the only surviving executor of any will, administration of the estate of the first testator, not already administered, may be granted with the will annexed, to such person as the Probate Court may judge proper.

(2876.) SEC. 13. When two or more persons shall be appointed executors of any will, the Judge of Probate may take a separate bond from each of them with sureties, or a joint bond from all of them with sureties.

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2877. Application and Distribution of Estates.
2878. What Probate Court to have Jurisdiction.
2879. Who entitled to Letters of Administration.
2880. Bond to be given by Administrator.
2881. When Special Administrator may be
appointed.

2882. Duties of Special Administrator.

2883. Special Administrator not to pay debts.
2884. Bond to be given by Special Administrator.
2885. When his powers to cease.
288€. Liabilities of person embezzling or alien-
ating goods, etc., before Letters granted.
2887. Administration with the Will annexed to
be granted on death of sole Executor.
2888. When Administrator may be removed;
when allowed to resign.

SECTION

2889. Marriage of Administratrix extinguishes her authority.

2890. When remaining Administrator to execute
Trust.

2891. Powers of Administrator de bonis non.
2892. Administration to be revoked on proving

Will.

2893. Powers of Executor in such case.

2894. Acts of Executor, etc., before revocation cf Letters valid.

2895. Administrators may give Joint or Several Bonds.

2896. Notice of application for appointment of Executor, etc.

2897. How Probate and certain other Legal notices to be published.

Chapter Seventy of Revised Statutes of 1846.

distribution of ca.

(2877.) SECTION 1. When any person shall die possessed of Application and any personal estate, or of any right or interest therein not tates. lawfully disposed of by his last will, the same shall be applied and distributed as follows:

1. The widow, if any, shall be allowed all her articles of apparel and ornament, and all the wearing apparel and ornaments of the deceased, the household furniture of the deceased, not exceeding in value two hundred and fifty dollars; and other personal property to be selected by her, not exceeding in value two hundred dollars; and this allowance shall be made as well when the widow waives the provision made for her in the will of her husband, as when he dies intestate;

2. The widow and children, constituting the family of the 1842, p. 12. deceased, shall have such reasonable allowance out of the personal estate, as the Probate Court shall judge necessary for their maintenance during the progress of the settlement of the estate, according to their circumstances; which, in case of an insolvent estate, shall not be longer than one year after granting administration, nor for any time after the dower and personal estate shall be assigned to the widow;

3. When a person shall die, leaving children under seven years of age, having no mother, or when the mother shall die before the children shall arrive at the age of seven years, an allowance shall be made for the necessary maintenance of such children, until they arrive at the age of seven years, out of such part of the personal estate, and the income of such part of the real estate, as would have been assigned to their mother if she had been living;

4. If, on the return of the inventory of any intestate estate, it shall appear that the value of the whole estate does not exceed the sum of one hundred and fifty dollars, the Probate Court may, by a decree for that purpose, assign, for the use and support of the widow and children of such intestate, or for the support of the children under seven years of age, if there be no widow, the whole of such estate, after the payment of the funeral charges, and expenses of administration;

5. If the personal estate shall amount to more than one hundred and fifty dollars, and more than the allowances mentioned in the preceding subdivisions of this section, the same shall be applied to the payment of the debts of the deceased, with the charges of his funeral and of settling his estate;

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