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Provided, That the surety or sureties in said bond shall not be liable for a greater amount than the penalty thereof.
(Repealed.—32 Stat. Pt. I, p. 528.)
[Sec. 275. SPECIAL BOND.-If the person appointed as administrator shall be entitled to the residue of the estate 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, in which case he shall not be required to return any inventory or account; and in such case the administrator 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: Provided, That the surety or sureties in said bond shall not be liable for a greater amount than the penalty thereof.]
Sec. 276. PERSONS ENTITLED.-If the intestate leave a widow and a child or children, administration, subject to the discretion of the court, shall be granted either to the widow or child, or one or more of the children, qualified to act as administrator, and further subject to the discretion of the court as follows:
Sec. 277. If there be a widow and no child the widow shall be preferred, and next to the widow or children a grandchild shall be preferred.
Sec. 278. If there be neither widow, nor child, nor grandchild to act, the father shall be preferred; and if there be no father the mother shall be preferred.
Sec. 279. If there be neither widow, nor child, nor Ib. grandchild, nor father, nor mother to act, brothers and sisters shall be preferred.
Sec. 280. If there be neither widow, nor child, nor grandchild, nor father, nor mother, nor brother, nor sister, the next of kin shall be preferred.
Sec. 281. Males shall be preferred to females in equal degree.
Sec. 282. Relations of the whole blood shall be preferred to those of the half blood in equal degree, and relations of the half blood shall be preferred to relations of the whole blood in a remoter degree.
Sec. 283. Relations descending shall be preferred to relations ascending, in the collateral line; that is to say, for example, a nephew shall be preferred to an uncle.
Sec. 284. None shall be preferred in the ascending line beyond a father or mother, or in the descending line below a grandchild.
Sec. 285. A feme sole shall be preferred to a married woman in equal degree.
Sec. 286. Relations on the part of the father shall be preferred to those on the part of the mother, in equal degree.
Sec. 287. If any person described in the foregoing sec-bid, 24 App., tions should be incompetent to serve, then administra
tion shall be granted as if such person were not living.
Sec. 288. If there be no relations, or those entitled de- Ib. cline or refuse to appear and apply for administration, on
proper summons or notice, administration may be granted to the largest creditor applying for the same; and if creditors neglect to apply, it may be granted at the discretion of the court.
Sec. 289. NOTICE OF APPLICATION.-Upon any application for letters of administration, such notice thereof shall be given, by publication or otherwise, as the rules of the court may require [; but it shall not be necessary to notify any collateral relatives more remote than brothers and sisters of the intestate]. (32 Stat., 528.)
Sec. 290. WILL PROVED AFTER LETTERS GRANTED.If administration be granted, and a will disposing of the estate of the deceased shall afterwards be proved according to law, and letters testamentary shall have issued thereon, the same shall be considered a revocation of the letters of administration. But the administrator shall not be held to answer for any acts done by him according to law, in good faith, and in ignorance of such will and before any actual or implied revocation of his letters; and the executor obtaining letters shall be authorized to prosecute any actions at law or in equity commenced by the administrator and obtain judgment in his own name, and likewise to defend any suit commenced against the administrator; and said executor shall have the benefit of all judgments obtained by the administrator and be bound by all judgments obtained against him to the extent of assets received by said executor, unless said judgments were obtained by fraud. And it shall be the duty of said administrator to account for and deliver to the executor without delay all goods, chattels, and personal estate and proceeds of any realty sold in his possession, belonging to the deceased, in default of which his bond may be put in suit by the executor or administrator cum testamento annexo.
And if distribution of the estate, or any part thereof, shall have been lawfully made by the administrator, the distributee or distributees, and their personal representatives, and not the administrator so distributing the estate, shall be answerable for the property so distributed, or its value, to the person or persons thereto entitled.
And if any will be hereafter adjudged invalid in any action begun after distribution of the estate, or any part thereof, lawfully made by the executor or executrix, in good faith and without knowledge on his or her part of the invalidity of such will, and without notice that such Md act 1798; action was intended, the distributee or distributees of the Comp. Stat., p. property, and their personal representatives, and not such executor or executrix, shall be answerable for the property, or its value, to the person or persons thereto entitled.
ch. 101, sec. 4;
(Repealed.-32 Stat., Part I, p. 528.)
[Sec. 290. WILL PROVED AFTER LETTERS GRANTED.-If administration be granted, and a will disposing of the estate of the deceased shall afterwards be proved, according to law, and letters testamentary shall have issued thereon, the same shall be considered a revocation of the
letters of administration. But all acts done by the administrator according to law, before any actual or implied revocation of his letters, shall be valid and effectual, and the executor obtaining letters shall be authorized to prosecute any actions at law or in equity commenced by the administrator and obtain judgment in his own name, and likewise to defend any suit commenced against the administrator; and said executor shall have the benefit of all judgments obtained by the administrator and be bound by all judgments obtained against him to the extent of assets received by said executor, unless said judgments were obtained by fraud. And it shall be the duty of said administrator to account for and deliver to the executor without delay all goods, chattels, and personal estate and proceeds of any realty sold in his possession, belonging to the deceased, in default of which his bond may be put in suit by the executor or administrator cum testamento annexo.]
Sec. 269. In re Easton estate, 23 L. R.,
Sec. 291. DECLINING ADMINISTRATION.-If any person entitled to administration shall, in writing, decline the same, the court shall proceed as if such person were not Ma. act 1798, entitled.
Sec, 292. RESIGNATION.-If any person, after having accepted the office of executor or administrator, shall desire to retire from and resign the same, he may file his petition to that effect, accompanied by a full and particular account, under oath, of his receipts and disbursements, if any, and the court shall thereupon direct such notice as it may think proper to be given of said application, and, if no cause be shown to the contrary, may release and discharge him from his office and pass such order as to costs and commissions and impose such terms in other respects as the nature of the case may require: Provided, That such executor or administrator shall not, by said discharge, be released from any liability for past acts, defaults, or omissions of duty.
Sec. 293. FORM.-The form of letters of administration shall be as follows:
To all persons to whom these [present] presents shall come, greeting:
Witness (A B) the chief justice of the supreme court of the District of Columbia.
ch. 101, sec. 1.
Sec. 261; Md. act 1798, ch. 101,
Sec. 294. PERSONS OVER EIGHTEEN YEARS OF AGE.In case letters testamentary or of administration shall be sec. 7. granted to any person above eighteen but under twentyone years of age, the bond executed by him for the faithful performance of his duties shall be as binding as if he were of full age.
Sec. 295. APPLICATION FOR LETTERS.- Whenever any person shall apply to the probate court for letters testamentary or of administration, he shall set forth, under oath, as fully as possible, all the personal and real estate left by the decedent and the amount of his debts as far as can be ascertained; and the penalty of the bond required of him, except in the cases provided for in sections two hundred and sixty-three, two hundred and sixty-four, and two hundred and seventy-five aforesaid, shall be sufficient to secure the proper application of all the personal
Ib., R. S. D. C., 974; Comp. Stat., p. 4.
535; State v.
estate of the testator or intestate; and when it shall become necessary to sell the real estate of the decedent, in part or in whole, the executor or administrator shall give such additional bond, with approved security, as shall be directed by the court, to secure the proper application of the proceeds arising from such sale or sales. And whenever an executor is empowered by the will to make sale of the real estate of the testator, for any purpose, he shall account for said proceeds in said court.
Sec. 296. ADDITIONAL BOND.-Whenever the probate I court shall be satisfied that the bond already given by an executor or administrator is insufficient, the said executor or administrator may be required to file an additional bond, and on his failure to do so his letters may be revoked. And upon the revocation of letters testamentary or of administration under this provision, the executor or administrator whose letters are so revoked shall forthwith deliver to any substituted executor or administrator all the assets of his testator or intestate in his possession or under his control.
Sec. 302, 344; Sec. 297. ACTIONS ON BONDS.-Every bond executed Am. Bonding & Trust Co. v. U.S., by an executor or administrator shall be recorded in the 23 D. C. App., office of the register of wills; and any person conceiving Snowden, 7 G. & himself to be interested in the administration of the 1798, ch. 101, sec. estate shall be entitled to have or demand a copy of such 10; Md. act 1720, bond, under the hand and seal of the register of wills, on Comp. Stat., p. 8. which an action may be maintained, in the name of the
J., 430; Md. act
ch. 24, sec. 2;
act 1798, ch. 101,
United States, for the use of the party interested, and judgment may be recovered in such action for the damage actually sustained. And an administrator appointed in the place of an executor or administrator who has resigned, been removed, or whose letters have been revoked, may in like manner maintain an action against the executor or former administrator and his sureties, on his administration bond, for all loss and damage to the estate resulting from this breach of duty. No creditor shall be entitled to maintain an action on a testamentary or administration bond for any claim against a testator or intestate until, when practicable, an action has been commenced against the executor or administrator of the deceased and a summons issued therein has been returned "Not to be found," or a writ of fieri facias or of attachment, issued on a judgment against such executor or administrator, has been returned "nulla bona," or until such apparent insolvency of the executor or administrator or insufficiency of his effects as in the judgment of the court before which such action may be tried shall show the said creditor to be without remedy except by such action on the executor's or administrator's bond. (32 Stat., 529.)
Sec. 262; Md. Sec. 298. DEATH, AND SO sec. 24, Comp. NAMED.-In case any will admitted to probate shall not appoint an executor, or the executor therein appointed shall have died or renounced the executorship, or shall
Stat., p. 16.
be incompetent to serve, administration shall be granted. with the will annexed to the person who would have been entitled to administration in case of the intestacy of the deceased testator: Provided, however, That if there be a residuary legatee named in such will, he shall be preferred to all, except a widow. And the condition of the bond of the administrator so appointed and the oath to be taken by him and his duties and liabilities shall be the same if he had been appointed executor in the will and had received letters testamentary.
Sec. 299. LETTERS DE BONIS NON.-If an executor or ch. 101, sec. 2; Md. act 1798, administrator shall die before the administration of the Comp. Stat., p. estate is completed, letters of administration de bonis non or de bonis non cum testamento annexo, as the case may require, shall be granted, in the discretion of the court, giving preference, however, to the person who would be entitled in the order herein before given, if he shall actually apply for the same; and the form of the letters shall be the same as in the case of an original administration, except that it shall be confined to the property of the deceased not already administered, and the authority shall be to administer all property herein described as assets and not distributed and delivered or retained by the executor or former administrators, under the court's direction.
Sec. 300. EXECUTOR OF EXECUTOR.-In no case shall Пb., sec. 6. the executor of an executor, as such, be entitled to administration de bonis non on the estate of the first deceased.
Sec. 301. ORDERS AGAINST REPRESENTATIVE OF DECEASED. On the application of an administrator de bonis non the court may order the executor or the administrator of a deceased executor or administrator to deliver over to him all the personal property that was in the hands of the said deceased executor or administrator, as such, and also all the money, bonds, notes, accounts, and evidences of debt which the said deceased executor or administrator may have taken, received, and had at the time of his death, including the proceeds of sale of either personal or real estate made by said deceased executor or administrator, which shall be deemed unadministered assets.
Sec. 302. On the failure of said executor or administrator to comply with said order by a day named, the court may enforce its order by attachment against such executor or administrator, and may direct the bond of the deceased executor or administrator, or that of the executor or administrator so failing, or both, to be put in suit for the use of the administrator de bonis non.
Sec. 303. The executor or administrator of the de- Secs. 370, 371. ceased executor or administrator shall return, on oath, to the court, on or before the day named as aforesaid, a list of the bonds, notes, accounts, and money aforesaid, and shall be entitled to retain out of the money such commis