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tion, to take proof of last wills and testaments, and to grant letters testamentary and of administration, subject to revocation or confirmation, in the discretion of the court; and the executor or administrator so appointed is required to take the same oath which is required by an executor or administrator appointed by the court in term time; and moreover, to give bond, as well for the faithful discharge of his trust, as for the delivery over to his successor, upon reasonable demand, of all the estate of the deceased in his hands, should any successor be appointed. Rev. L. 157.

Form of executor's bond, in vacation. Know all men by these presents, that we, John Roe and John Fen, both of Marion county and state of Indiana, are held and firmly bound unto the state of Indiana, in the sum of two thousand dollars, for the payment of which, well and truly to be made and done, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 20th day of July, A. D. 1832.

The condition of the above obligation is such, that if the above bound John Roe will truly and faithfully discharge the duties and trusts committed to him, as executor of the last will and testament of Richard Roe deceased, and will truly and promptly deliver over to his successor, to be appointed by the probate court of said county, should any such successor ever hereafter be pointed, all such estate, goods, chattels and assets, and assign to such successor all such rights and credits, as shall, of right, belong to such successor, upon reasonable demand made thereof, then the above obligation to be void and of none effect, otherwise to be and remain in full-force and virtue in law.

Signed, sealed and delivered in presence of

JOHN ROE, [SEAL.]

JOHIN FUN. SEAL. JOHN SCRIBE.

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Administrator's bond, in tacation,

Know all men hy these presents, that we John Roe and John Fen, both of Marion county and state of Indiana, are held and firmly bound unto the state of Indiana, in the sum of two thousand dollars, for the payment of which, well and truly to be made and done, we biud ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 20th day of July, A. D. 1832.

The condition of the above obligation is such, that if the above bound John Roe will truly and faithfully discharge the duties and trusts committed to him, as administrator of the estate of Richard Roe deceased, according to law, and will truly and promptly deliver over to his successor, to be appomted by the probate court of said county, should any such successor ever hereafter be appointed, all such estate, goods, chattels, and assets, and assign to such successor all such rights and credits as shall, of right belong to such successor, upon reasonable demand made thereof, then the above obligation is to be void and of none effect, otherwise to be and remain in full force and virtue in law,

Signed, sealed and JOHN ROE, SEAL. delivered in presence of JOHN FEN. SEAL.]

JOHN SCRIBE.

Kit is enacted, that if any person interested in the estate of any testator or intestate shall, before the granting of letters testamentary or of administration, file in the office of the clerk of the probate court a notice in.writing, that the granting thereof will be contested, such clerk shall suspend further proceedings in the premises, until the same may be heard and deterinined by the said court, in term time. Rev, L. 157.

This clause of the statute, taken in connexion with that above alluded to, seems to amount to this; that the do: ings of the clerk, in vacatio!, are subject to the revision an i control of the court, and that any person interested in the estate of the deceased has a right to bring up the question for decision, by filing in the clerk's office, a reasonable time before the sitting of the court, a written notice of his intention so to do. The notice thus filed, if letters have been already granted, advises the party bolding them, of the intended contest, so that he may come prepared to meet it; and if the notice be filed before letters granted, the clerk proceeds no further in the premis ses, but leaves the matter for the determination of the couri, in term time.

It seems to be reasonable, and might perhaps be most safe, although the statute does not expressly require it, that a copy of the notice should be left with the party who is to be affected by it, or with his agent or attorney, where letters have been previously granted.

Form of notice,

I hereby give notice to all persons concerned, that the granting of letters of administration on the estate of Richard Roe, late of Marion county, deceased, to David Rush, by the clerk of the probate court of said county, in vacation, will be contested, at the next term of said court, by me, June 20th, 1832.

JOHN ROE.

Order of confirmation.

Letters of administration on the estate of Richard Roe, late of Marion county, deceased, baving been granted by the clerk of this court, in vacation, to David Rush, and the granting of the same having been contested by John Roe; and the allegations, answers and proofs of both parties having been, by the court now here, duly weighed, and considered; it is ordered and adjudged, that the granting of said letters be, and the same ia hereby confirmed.

Revocation.

Letters of administration on the estate of Richard Roe, late of Marion county, deceased, having been granted by the clerk of this court, in vacation, to David Rush, and the granting of the same having been contested by John Roe; and the allegations, answers, and proofs of both parties having been, by the court now bere, duly weighed and considered; it is ordered and adjudged, that the said letters be, and the same are hereby revoked, annulled, and made void. And it is further order:d that administration of the said estate be, and the same is bereby committed to the said John Roe,

It is, by statute, made the duty of an executor or administrator, so soon as he discovers that the personal estate of the deceased is insufficient to pay outstanding debts, legacies, and other demands, to take an inventory of the real estate, and have the same appraised in the same manner as is prescribed for the appraisement of personal estate, and to file said inventory in the office of the clerk of the probate court. And on suggestion of the executor or administrator, that the personal estate is insufficient, as aforesaid, it is made the duty of the court to summon the heirs and devišees, interested in the real estate, if residents, or, if non-residents, to notify them by three successive publications in a newspaper, to appear in court, on a certain day, and shew cause if anv they can, why the real estate should not be sold. A ty days notice, by publication, or thirty days, by E, no cause be shewn to the contrary, it is made touty of the court to decree a sale of the real estate, or so much thereof as may be necessary for the discharge of debts, legacies, and other demands; and the proceeds of the sale of such real estate are made assets in the hands of the executor or administrator.

And if there be any Jien on any part of such real estate, the holder of the lien must be notified, as is required in the case of heirs and devisees. : The executor or administrator, applying for an order of sale of real estate, must, prior to the rendition of any decree or order for such sale, file in the clerk's office an additional bond with such security as the court may require. And after such sale shall have been made, and confirmed by the court, a conveyance is to be made to the purchaser in such manner as the court shall direct. Rev. L. 162.

Form of inventory of real estate.

An inventory of the real estate of Richard Roe, late

of Clark county, deceased. The said Richard, at the time of his death, was the owner of the following real estate, to-wit: One lot in Charlestown, No. 79, with the appurtenan

ces, held by deed in fee simple, valued at $2000 00 One do. No. 63, animproved, held by bond" 200 00

H

One do. in Jeffersonville No. 27, held by

bond, one hundred dollars of the pur-
chase money paid, and two hundred dol-

lars yet remaining due,
One hundred acres of land, in number 105,

in the Illinois grant, held by deed,

300 00

1000 00

Appraised February 3rd, 1832, by us $3500 00

JOHN WISE.
PHILIP JUSTUS.

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Before me, the undersigned, a justice of the peace in and for the county of Clark, this day personally came John Roe, administrator of the estate of Richard Roe de 1, and John Wise and Philip Justus, the apprai

e named, and made oath, that the above is a ju: true inventory and appraisement, of the real estate of the said deceased, to the best of their knowledge and judgment. February 3rd, 1832.

JOHN DOE, J.P.

Application for an order of sale.

To the honorable Richard Fen, judge of the probate . court of Clark county, in the state of Indiana; the me morial of John Roe, administrator of the estate of Richard Roe, late of said county, deceased, who died intes. ţate, respectfully sheweth; that the personal estate of the said intestate is insufficient for the payment of his debts, as appears by the account herewith produced; and that the said intestate, at the time of his death, was the owner of certain real estate, amounting, by appraisement, to three thousand five hundred dollars; an inventory whereof is herewith also exhibited. . There.was due and owing by the said deceased, at the time of his death, the following sums, to-wit: To John Pugh, by note payable Jan

uary 24th, 1833, being the bal-
apce on the lot No. 27, in Jeffer-
sonville,

$200.00 To John Stiles, by note, due May

4th, 1831, Interest on same,

33 75

750 00

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