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William are authorized to administer the same, according to law.

Witness hand and the seal of the said court, [seal.] this 20th day of July, A. D. 1832.

EZRA STILES, Clerk.

Letters of administration with the will annexed.

State of Indiana, Madison county, to wit:

I Ezra Stiles, clerk of the probate court of the county of Madison, in the state of Indiana, do certify, that the annexed is a true copy of the last will and testament of Richard Roe, late of said county, deceased; and whereas Barbara Roe, who is, in and by the said will, appointed executrix thereof, has refused to act; therefore that the goods, chattels, rights, and credits, which were of the said Richard at the time of his death, may be duly administered, according to the said last will and testament, administration thereof is now granted to William Roe, and he is duly authorized to take upon himself the administration of said estate, according to the said.will.

Witness my hand, and the seal of the said court, [SEAL.] at Andersontown, in said county, the 20th day of July, A. D. 1832.

EZRA STILES, Clerk.

Letters of administration, pendente lite. State of Indiana, Madison county, to-wit :

I Ezra Stiles, clerk of the probate court of the county of Madison, in the state of Indiana, do certify that a certain instrument of writing, purporting to be the last will and testament of Richard Roe, late of said county, deceased, was on the tenth day of May last, produced in said court, by John Roe, who, in said writing is named as executor thereof; and whereas the validity of the said instrument was, then and there contested by Peter Daviss, "and an issue was made up to try that fact; now therefore, that the goods, chattels, credits, and effects, which were of the said Richard Roe, deceased, at the time of his death, may, in the mean time, be well and truly administered, and disposed of according to law, administration thereof is granted to David True, and he is duly autho

rized to take upon himself the administration of the said estate, during the pendency of said suit, and to render a just and true account of his said administration when he shall be thereunto required.

hand and the seal of the said court, [SEAL.] at Andersontown, in said county, the 20th day of July, A. D. 1832.

EZRA STILES, Clerk.

Witness my

Letters of administration, durante minore ætate,

State of Indiana, Madison county, to-wit:

I Ezra Stiles, clerk of the probate court of the county of Madison, in the state of Indiana, do certify that the annexed is a true copy of the last will and testament of Richard Roe, late of said county, deceased; and whereas John Roe, in the said will named, as executor thereof, is an infant under the age of seventeen years; therefore, that the goods, chattels, credits and effects which were of the said Richard Roe at the time of his death, may, in the mean time, be well and truly administered, and disposed of according to the said will, administration thereof is granted to David True, and he, the said David, is duly authorized to take upon himself the administration of the said estate, during the minority of the said John Roe; and to render a true and just account of his said administration when he shall be thereunto,required.

Witness my hand, and the seal of the said [SEAL.] court, at Andersontown in the said county, the 20th day of July, A. D. 1832.

EZRA STILES, Clerk,

Letters of administration, durante absentia.

State of Indiana Marion county, to-wit:

I John Stiles, clerk of the probate court of the county of Marion in the state of Indiana, do certify, that the annexed is a true copy of the last will and testament of Ri. chaud Roe, late of said county, deceased; and whereas John Roe, therein named, as executor thereof, is now a. broad in parts without the state of Indiana; therefore, to the end that the goods, chattels, credits, and effects, which were of the said Richard Roe, deceased, at the

time of his death, may, in the mean time, be well and truly administered, and disposed of according to the provisions of the said will, administration of the said estate, in conformity with the purposes of said will, is granted to David Sharp, during the absence of the said John Roe, and he, the said David Sharpe is duly authorized to take upon

himself the administration of the said estate, according to the provisions of the said will, during the absence of the said John Roe, and to render a true and just account of his said administration, when he shall be thereunto required.

Witness my hand, and the seal of the said (SEAL.] court, at Indianapolis, the 20th day of July, A. D. 1832.

JOHN STILES, Clerk.

Letters of administration, de bonis non.

State of Indiana, Marion county, to-wit:

I John Stiles, clerk of the probate court of the county of Marion, in the state of Indiana, do certify, that at a probate court held at Indianapolis, in the county aforesaid, on the twentieth day of October, in the year of our Lord eighteen hundred and thirty, letters of administration on the estate of Richard Roe, late of said county deceased, were granted to John Roe of said county, and he the said John, then and there took upon himself the administration of the said estate; and whereas the said John Roe has lately died, leaving a part of the said estate unadministered; now therefore, to the end that all and singular the goods, chattels, credits, and effects, which were of the said Richard Roe, deceased, at the time of his death, may be duly and fully administered, and disposed of according to law, administration of so much thereof as remains unadministered is granted to William Roe, and he, the said william, is duly authorized to take upon himself the administration of all and singular the goods, chattels, credits, and effects, aforesaid, not administered, and to dispose of the same according to law.

Witness my hand, and the seal of the soid court, (SEAL.] at Indianapolis, the 20th day of July, A. D. 1832.

JOHN STILES, Clerk.

Another form.

State of Indiana, Marion county, to-wit:

1 John Stiles, clerk of the probate court of the county of Marion, in the state of Indiana, do certify, that the annexed is a true copy of the last will and testament of Richard Roe, late of said county, deceased; and whereas John Roe, who is therein named as executor, and who had taken upon himself the executorship thereof, bas lately died intestate, leaving a part of the said estate unadministered; now therefore, to the end that all and singular the goods, chattels, credits, and effects, which were of the said Richard Roe, deceased, at the time of his death, may be duly and fully administered, and disposed of, according to the provisions of the said will, administration of so mu of the said estate as remains unadministered, is comınitted to William Roe, and he, the said William, is duly authorized to take upon himself the administration, of all and singular the goods, chattels, credits, and effects aforesaid, not administered, and to dispose of the same according to the provisions of the said last will and testament. Witness

my

hand and the seal of the said court, [SEAL.] at Indianapolis in the county aforesaid, the 20th day of July, A. D. 1832.

JOHN STILES, Clerk.

The interest vested in an executor, by the will of the deceased, may be kept alive by the will of the same executor; so that the executor of A’s executor is to all intents and purposes the executor and representative of A; but the executor of A's administrator, or the administrator of A’s executor, is not the representative of A. For the power of an executor is founded on the actual appointment of the deceased; such executor is therefore allowed to transmit that power to another, in whom he has equal confidence. But an administrator receives his appointment from the probate court, by authority of the statute, and the deceased has reposed no trust or confidence in him; therefore on the death of an administrator, it becomes the duty of the probate court to appoint another. And the administrator of A's executor has clearly no privity or relation to A, being only authorized to adminis

ter the effects of the intestate executor, and not of the original testator. In both these cases, and whenever the course of representation from executor to executor is interrupted by one administration, it is necessary for the probate court to commit administration afresh, of the goods of the deceased pot administered by the former executor or administrator; and this administrator, de bonis non, is the only legal representative of the deceased, in matters of personal property.

An infant may be made executor; but, in England, no infant could act as such, till the age of seventeen years; and as the laws of Indiana require that an executor shall give bond, before he is authorized to act in that capacity, it may be doubted, whether an infant, under twenty-one years, can act as an executor in this state. During the minority of an infant executor, administration must be granted to some other person, who has all the authority of an executor, till the person named in the will arrives to lawful age, to execute the will.

Administration may also be granted, during absence, or during the pendency of a suit; when the executor is out of the state, or when a suit is commenced in the probate court, touching the validity of the will.

If the testator makes a will without naming executors, or if he name incapable persons, or if the executors named refuse to act; in any of these cases the probate court will grant administration, with the will annexed, to some other person, and the duty of the administrator, so appointed, is very little different from that of an executor. 2 Black. Com. 503, 504, 506.

If a stranger takes upon himself to act as executor, without lawful authority, he is called in law an executor of his own wrong, and is liable to all the trouble of an executorship, without any of the profits or advantages. Such person cannot bring an action in right of the deceased, but actions may be brought against him; and in all actions by creditors, against such intruder, he is named executor generally. But mere acts of necessity or humanity, such as locking up goods for safety, or burying the corpse of the deceased, do not amount to such an intermeddling as will charge a man, as executor of his own wrong.

Id. 507. The clerk of the probate court is authorized, in vaca

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