Lapas attēli

productive, and how it shall be applied, agreeably to the intent of the will or the construction of law, in case the contingency shall not take place.

Sec. 370. EXECUTOR OF DECEASED EXECUTOR, AND SO FORTH.-The executor or administrator of a deceased executor or administrator who shall die before an account of his administration hath been rendered shall render an account showing the amount of the assets received and the payments made by his decedent, and the account shall, if found by the court to be correct, be admitted to record as other administration accounts.

Sec. 371. AcCOUNTS OF DECEASED EXECUTRIX, AND SO FORTH.-The husband of an executrix or administratrix who shall die before a final account of her administration shall have been settled shall render such account, if required by the court, showing thereby the amount of money and property received and of payments and disbursements made by such executrix or administratrix, or that may have been received or paid by him, and not before accounted for with the court; and the account so rendered shall, if found by the court to be correct, be admitted to record as other administration accounts in cases where the executrix or administratrix rendered them in person; and in case of refusal of the husband to render such account, the court may proceed against him by attachment, and may commit him until he shall render such account.

Sec. 372. LOST PROPERTY.-The probate court shall have power to make allowance to any executor, administrator, or collector for property of the decedent which hath perished or been lost without the fault of the party; and no profit shall be made and no loss sustained by an executor or administrator in the increase or decrease of the estate under his management; but he shall return an inventory and account for such increase, and may be allowed for such decrease on the settlement of the final or other account.



Miller-Shoemaker Co. v. Stur

App., 408; 2 D. C.

Sec. 373. PARTIES ENTITLED.-When the debts of an intestate, exhibited and proved or notified and not geon, 31 D. C. barred, shall have been discharged or settled, or allowed App., 361; 10 D. to be retained for as herein directed, the administrator C. APP.. 131; 29 D. C. App., 348; shall proceed to make distribution of the surplus as fol- 28 D. C. App., lows:

381; 187 U. S., 401; 23 S. C. Rep., 184; Md. act. 1789, ch. 101, sec. 1.

Sec. 374. If the intestate leave a widow and no child, parent, grandchild, brother, or sister, or the child of a brother or sister of the said intestate, the said widow shall be entitled to the whole.

Sec. 375. If there be a widow and a child or children, or a descendant or descendants from a child, the widow shall have one-third only.

Sec. 959; Patten v. Glover, 1 D. C.

S. C. Rep., 411;

396; Ib., sec. 6;


Sec. 376. If there be a widow and no child or descendants of the intestate, but the said intestate shall leave a father or mother, or brother or sister, or child of a brother or sister, the widow shall have one-half.

Sec. 377. The surplus, exclusive of the widow's share, or the whole surplus (if there be no widow), shall go as follows:

Sec. 378. If there be children and no other descendants, the surplus shall be divided equally among them. Sec. 379. If there be a child or children and a child or App., 466; 8 C., children of a deceased child, the child or children of such 165. U. S., 394; 17 deceased child shall take such share as his, her, or their 28 D. C. APP. deceased parent would, if living, be entitled to, and Comp. Stat., p. every other descendant or descendants in existence at the death of the intestate shall stand in the place of his, her, or their deceased ancestor: Provided, That if any child or descendant shall have been advanced by the intestate, by settlement or portion, the same shall be reckoned in the surplus, and, if it be equal or superior to a share, such child or descendant shall be excluded, but the widow shall have no advantage by bringing such advancement into reckoning: And provided further, That, if any child or descendant shall have received from the intestate any real estate by way of advancement, which shall not be equalized under the provisions of section nine hundred and fifty-nine of this code, the value of any such advancement shall be treated as [personality] personalty for the purposes of this section; but maintenance or education or money or realty, given without a view to a portion or settlement in life, shall not be deemed advancement; and in all cases those in equal degree claiming in the place of an ancestor shall take equal shares.

Sec. 380. If there be a father and no child or descendant, the father shall have the whole; and if there be a mother and no father, child, or descendant, the mother shall have the whole.

Sec. 381. If there be a brother or sister, or child or descendant of a brother or sister, and no child, descendant, or father or mother of the intestate, the said brother, sister, or child or descendant of a brother or sister shall have the whole.

Iglehart v. Holt, Sec. 382. Every brother and sister of the intestate shall 12 D. C. App., 68; 29 L. R., 348; 192 be entitled to an equal share, and the child or children, or U. S., 116: 24 S. C. descendants of a brother or sister of the intestate, shall sec. 9; Comp. stand in the place of their deceased parents, respectively.

Rep., 196; Ib.,

Stat., p. 33.


Sec. 383. After children, descendants, father, mother, brothers, and sisters of the deceased and their descendants, all collateral relations in equal degree shall take, and no representation among such collaterals shall be allowed; and there shall be no distinction between the whole and half blood].

Sec. 384. If there be no collaterals, a grandfather may take, and if there be two grandfathers they shall take alike; and a grandmother, in case of the death of her

husband, the grandfather, shall take as he might have done.

Sec. 385. If any person entitled to distribution shall die before the same shall be made, his or her share shall go to his or her representatives.

land, 10 D. C.

Sec. 386. Posthumous children of intestates shall take, Craig v. Rowin the same manner as if they had been born before the App., 402; Comp. decease of the intestate, but no other posthumous rela- Stat., p. 33. tion shall be considered as entitled to distribution in his or her own right.

Sec. 958. (Note:

imate father, to

take. Southern

Sec. 386a. In the distribution of personal estate there shall be no distinction between the whole and half blood.-Act of June 30, 1902 (32 Stat., Part I, p. 530). Sec. 387. The illegitimate child or children of any Heirs claiming female and the issue of any such illegitimate child or through illigitchildren shall be capable to take from their mother, or take estate of his from each other, or from the descendants of each other, daughter can not in like manner as if born in lawful wedlock. When an R. R. Co. v. Hawillegitimate child or children shall die leaving no descend-ins, 38 L. R., ants, or brothers or sisters, or the descendants of such Marsh, 62 H. E., brothers or sisters, then and in that case the mother of such illegitimate child or children, if living, shall be entitled as next of kin, and if the mother be dead the next of kin of the mother shall take in like manner as if such illegitimate child or children had been born in lawful wedlock.

425; Sanford V.

268; 30 L. R., 69.


Sec. 388. If there be no widow or relations of the intes- Tucker v. Nebeker, 2 D. C. App., tate within the fifth degree, which shall be reckoned by 326; Comp. Stat., counting down from the common ancestor to the more p. remote, the whole surplus shall belong to the District of Columbia, to be disbursed by the Commissioners of the District for the benefit of the poor.

Sec. 389. DISTRIBUTION OF SPECIFIC PROPERTY.—In case the surplus remaining in the administrator's hands after payment of all just debts exhibited and proved or notified and not barred, or after retaining for the same, shall consist of specific property or articles mentioned in the inventory or inventories, the administrator, if he can not satisfy the parties, may apply to the court to make distribution, and the court may appoint a day for making distribution and by summons call on the said parties to appear; and the said court may, at the appointed time, proceed to distribute. But if a majority in point of value shall neglect to appear, or appearing shall object to the distribution of the articles, or if the court shall deem a sale of the said articles or any part of them more advantageous, a sale shall be directed accordingly, and the rules herein laid down relative to a sale by order of the said court shall be observed.

Sec. 390. Whenever a distribution of specific articles is to be made the probate court may appoint two disinterested persons, not in any way related to the parties concerned, to make such distribution among the persons entitled as to them shall seem meet and proper; or if, in

Sec. 322; Portraits, 25 L. R.,

478; ib.; Md. act, stat., 35.

sec. 16; Comp.

their opinion, upon a view of such articles, no distribution among the persons entitled could be by them made which would operate equally, but a sale thereof would be more advantageous to such persons, they shall return to the probate court their opinion in writing, and the court shall thereupon order a sale of such articles, upon reasonable notice, and cause the proceeds of such sale to be equally distributed among the parties entitled.

McLane v. Crop- Sec. 391. PARTIAL DISTRIBUTION.-When any person per, 5 D. C. App., 276; 7 D. C. App., entitled, after payment of debts, shall be in want of sub23; 10D. C. APP, sistence or greatly straitened in his circumstances, and 115, Comp. Stat., shall apply to the probate court by petition, and satisfy

131; 12 D.C. App.,

p. 30.

Ib., sec. 8; Comp. Stat., 31.

Ib., sec. 12; Comp. Stat., 35.

the court that he is in want of subsistence or greatly straitened in circumstances, and that it probably will not require more than one-half of the assets to discharge the debts, the court may direct the administrator to deliver to the petitioner any part of what the court shall suppose will be his distributive share, or any part of a legacy or bequest in money not exceeding one-third part, the said petitioner giving bond, with security approved by the court, to the administrator for returning the same or an equivalent, with interest, whenever so directed by the court; and the court shall have power to determine in a summary way on any such petition, after summons against such administrator duly returned "summoned" or "non est."

Sec. 392. SPECIFIC BEQUESTS.-And the court, in like manner, on any petition by a person in such circumstances to whom a specific legacy or bequest has been made, being satisfied that the assets, exclusive of all specific legacies, will not be nearly exhausted by debts, may direct the executor or administrator with the will annexed to deliver to the petitioner the said specific legacy or bequest on his giving bond as aforesaid.

Sec. 393. BEQUEST TO FEMALE. Where a bequest of personal property or money is made to a female and directed by the will to be paid on her attaining to full, mature, or to a lawful age, such female shall be entitled to receive and demand such personal property or money on her arriving at the age of eighteen years or being married.

Sec. 394. MEETING OF LEGATEES OR NEXT OF KIN.Any administrator shall be entitled to appoint a meeting of persons entitled to distributive shares or legacies or a residue, on some day by the court approved, and payment or distribution may be there made under the court's direction and control.



Sec. 395. Jurisdiction is hereby conferred on any judge 28 Stat., 687. of the supreme court of the District of Columbia to hear and determine any petition that may be presented by a person or a husband and wife residing in the District of Columbia, praying the privilege of adopting any minor child as his or her or their own child, and making such minor child an heir at law. If the judge shall find, upon the hearing of such petition, that the petitioner is a proper person to have custody of such child, and that the parent or parents or guardian of such child have given their permission for such adoption, he shall enter an order upon the records of the court legalizing such adoption and making such child an heir at law of such petitioner, the same as if such child was born to such petitioner. If the child has no parent or guardian the judge shall appoint a guardian ad litem.


« iepriekšējāTurpināt »