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23 D. C. App., 411.
sary, the final conclusion of the jury as to all the issues to be announced as their verdict; or may submit the different issues to the same jury at different times for their separate verdicts thereon, or submit such issues to different juries; or may pursue such other course as the rules of the court may prescribe to facilitate the determination of such issues.
Sec. 257. FRIVOLOUS EXCEPTIONS.-If only general, immaterial, or frivolous exceptions are made or they are filed without the certificate of counsel and affidavit of exceptant, required as aforesaid, they may be overruled by the court or a justice at chambers, on notice and motion, and judgment entered as if no exceptions had been filed. Sec. 258. JUDGMENT.-Upon the conclusion of such trial or trials the court shall enter judgment upon the auditor's report as affirmed or corrected by the findings of the jury.
Subchapter 1.-EXECUTORS, ADMINISTRATORS, AND COLLEC
(Repealed.-32 Stat., Part I, p. 528.)
[Sec. 259. ESTATE TO BE ADMINISTERED.-On the death of any person domiciled in the District of Columbia leaving real or personal estate, or both, therein, all his personal estate and so much of his real estate as shall be necessary in addition thereto for the payment of his debts shall be the subject of administration under authority and direction of the probate court.]
Sec. 260. LIEN OF CREDITORS.-On the death of person not domiciled in the District of Columbia at the time of his death so much of his real and personal estate in the District of Columbia as may be necessary for the payment and discharge of just claims against him of creditors and persons domiciled in the District of Columbia shall also be the subject of administration under authority and direction of the probate court, irrespective of the personal estate of such decedent at his place of domicile or elsewhere: Provided, The prosecution of such claims is begun in said court within one year after the death of such decedent.
13 D. C. App.,
Williams v. Williams, 24 D.C.
Sec. 261. COMPETENCY OF EXECUTORS, AND SO FORTH. No letters testamentary or of administration shall be App., 215; 25 D. C. App., 32; Md. granted to a person convicted of an infamous offense, or to act 1798, ch. 101, an idiot or lunatic, or person non compos mentis, or one sec. 1. under eighteen years of age, or to an alien; and all questions as to the disqualification on any of said grounds of any person claiming to be entitled to letters testamentary or of administration shall be determined by the probate court, after such notice to the said persons as the court may direct.
301, 319, 344, 745;
Sec. 262. LETTERS TESTAMENTARY.-When any will or Secs. 263, 294, codicil respecting either real or personal property shall Md. act 1798, ch. have been authenticated and admitted to probate, letters 101, sec. 1. testamentary thereon shall be issued to the executor named therein, if he is legally competent and will accept the trust: Provided, That he shall first execute a bond to the United States, with security to be approved by the court, in such penalty as the court may require, with a condition that he will administer according to law and to the will of the testator all his goods, chattels, rights, and credits, and the proceeds of all his real estate that may be sold for the payment of his debts or legacies which shall at any time come to the possession of the executor or to the possession of any other person for him, and in all other re
Cropper v. Mc-
spects faithfully perform the trusts reposed in him: And provided further, That said executor shall take and subscribe and file an oath that he will well and truly administer the estate of the deceased according to law and will give a just account of his administration when thereto lawfully called: Provided, That the above conditions as to bond and oath shall not apply to corporations authorized to act as executors.
Sec. 263. BOND, WHEN NOT REQUIRED.-Whenever a 24 testator shall, by last will and testament, request that his executor be not required to give bond for the performance of his duty, in such case the bond required of the executor shall be in such penalty as the court may consider sufficient to secure the payment of the debts due by the testator: Provided, however, That the penalty of such bond shall not exceed double the value of the personal estate; and when less than this sum it may be increased, or an additional bond may be required, whenever it shall be made to appear to the court that the bond as given is insufficient to secure the payment of the debts of the testator: And provided further, That whenever any [creditor, distributee, or legatee entitled to take under the will party interested shall make it appear to the court that any executor who has given such bond only as is herein provided for is wasting the assets of the estate, or that the assets are in danger of being lost, wasted, or misappropriated, then the said executor may be removed or required to give additional bond with security in a penalty sufficient to secure the interests of all the creditors, distributees, and legatees entitled to take said estate, and on his failure to give bond as required his letters may be revoked; and upon such revocation the same results shall ensue as hereinafter provided in section two hundred and ninety-six. (32 Stat., 528.)
Md. act 1798, ch. 101, sec. 6.
Sec. 264. EXECUTOR RESIDUARY LEGATEE.-If the executor is the residuary legatee of the personal estate of the testator, or provided the residuary legatee of full age shall notify his consent to the court, he may, instead of the bond prescribed as aforesaid, give bond with security approved by the court, and in a penalty prescribed by the court, conditioned to pay all the debts and just claims against the testator, and all damages which shall be recovered against him as executor, and all legacies bequeathed by the will, in which case he shall not be required to file any inventory or render any account. And if such bond be given by the executor, he shall be answerable for the full amount of all debts, claims, and damages that may be recovered against him as executor as if he were sued in his own right, and any legatee may recover the full amount of his legacy in a suit on the executor's bond or in equity, and the giving of the bond shall be considered an assent to the legacy: Provided, That the surety or sureties in said bond shall not be liable for a greater amount than the penalty thereof.
Sec. 265. JOINT EXECUTOR.-When two or more persons are appointed executors, the court may take a sepaarate bond with security from each of them or a joint bond with security from all of them together.
Md. act 1798, ch. 101, sec. 3.
Sec. 266. LETTERS OF ADMINISTRATION CUM TESTAMENTO ANNEXO.-If there be only one executor named in the will, and he shall have been present at the probate of the will, and shall not within twenty days thereafter file a bond and qualify as executor by taking the oath aforesaid, letters of administration with the will annexed may be granted as if no executor had been named. Sec. 267. ABSENT EXECUTOR.-If said executor shall, Ib., Md. act, sec. not have been present at the probate of the will, but shall be within the District, a summons may be issued to him, either at the instance of any person interested or ex officio by the register of wills, requiring him to appear and file his bond as required by law within twenty days after service of said summons; and if he be not found in said District, notice shall be given to him by publication to appear within thirty days after the first publication of said notice, and on his failure to appear and give his bond and qualify by taking the prescribed oath, as aforesaid, administration may be granted as if no executor had been named in the will.
Sec. 268. SUMMONS TO EACH OF SEVERAL EXECUTORS.— If there be more than one executor named in a will, there may be the same proceeding with respect to each of them as if he were the sole executor, and any circumstances under which letters of administration may be granted on failure of a sole-named executor shall authorize the granting of letters testamentary to one or more of the executors on failure of one or more of the others; and any circumstances under which letters of administration may be granted on failure of a sole-named executor shall authorize the granting of such letters of administration on failure of all the executors named to appear and qualify as aforesaid.
Ib., sec. 6.
Estate of Eas ton, 23 L. R., 789;
Sec. 269. RENUNCIATION.-If any executor named in a will shall file or transmit to the probate court an attested ib., sec. 3. renunciation of his executorship, there shall be the same proceeding with respect to granting letters testamentary or of administration as if the party so renouncing had not been named in the will.
Sec. 270. EXECUTOR DISQUALIFIED.-If any person named as executor be disqualified from serving, letters testamentary or of administration may be granted as if he had not been named as executor.
Sec. 271. NO POWER TO ACT WITHOUT LETTERS.-In Sec. 269. case letters testamentary shall be granted to one or more of the executors named in a will on failure of the rest, no executor not named in said letters shall in any manner interfere with the administration; and if letters of administration with the will annexed shall be granted, no executor named in the will shall in any manner interfere
with the administration; and no executor named in a will shall, before letters testamentary are granted to him, have any power to dispose of any part of the estate of the deceased or to interfere therewith, further than is necessary to collect and preserve the same.
Sec. 272. FORM.-The following shall be the form of letters testamentary to be issued under the seal of the probate term of the supreme court of the District of Columbia:
District of Columbia, to wit:
The United States of America.
To all persons to whom these presents shall come, greeting: Know ye that the last will and testament of hath, in due form of law, been exhibited, proved, and recorded in the office of the register of wills of the District of Columbia, a copy of which is to these presents annexed, and administration of all the goods, chattels, and credits of the deceased is hereby granted and committed unto the executor by said will appointed. Witness (A B) the chief justice of the supreme court of the District of Columbia, this day of Test: C D, Register of Wills. Sec. 273. LETTERS OF ADMINISTRATION.—On the death C.App., 588; 3 D. of any person leaving real or personal estate in the DisU. S., 458; Md. trict, letters of administration on his estate may be C. App., 246; 198 act 1798, ch. 101, granted, on the application of any person interested, on proof, satisfactory to the probate court, that the decedent died intestate.
Caroline C. Dahlgreen, 30 D.
secs. 2, 3.
Sec. 294, etc.
Sec. 264; Md.
act 1798, ch. 101,
Sec. 274. BOND.-Every administrator, except corporations authorized to act as administrators, shall, before entering on his duties, file in the probate court his bond to the United States, with security approved by the court, in such penalty as the court shall direct, with condition to administer according to law all the money, goods, chattels, rights, and credits of the deceased; and when the court shall have ordered the sale of the decedent's real estate, he shall give a like bond conditioned to administer the proceeds of the real estate that may be sold for the payment of the decedent's debts which shall come into his possession, or to the possession of any other person for him, and in all other respects perform the trust reposed in him, and shall also take and subscribe an oath similar to that prescribed for executors.
Sec. 275. SPECIAL BOND.-If the person appointed as sec. 7; Comp. administrator shall be entitled to the residue of the estate Stat., p. 19. after the payment of the debts, he may, instead of the bond herein provided for, execute a bond, with security approved by the court, in such penalty as the court may consider sufficient, conditioned for the payment of all the debts and claims against the deceased, and all damages which shall be recovered against him as administrator; and where the administrator shall file the consent in writing of those entitled to the residue and they shall all be of full age, the court may, if it see fit, direct that only such special bond be given, and in such cases the administrator shall not be required to return any inventory or account, but shall be personally answerable for all debts, claims, and damages that may be recovered against him, in like manner as the executor who gives a similar bond: