ations in ink or pencil, is to run the risk of having your true intention misunderstood or perverted at the probate. Keep your will in such custody that it is not likely to be lost, destroyed, or tampered with, but rather to be properly presented at the probate court after your death. In some states provision is made so that one may have his will kept in a sealed envelope at the registry of probate, subject to his own order while he lives, and not to be opened until after his death. The register's receipt is given for such envelope. 506. Intestate succession.-A person who dies without making a will or testament is said to die intestate, and the disposition of his property is governed by the intestate law. This law is very intricate and varies from state to state. In many states one rule is made to apply to real estate and a different rule to personalty. general, property descends as follows: 1. Lineal descendants, in default of which, In 2. The parents, and if there be no descendants or parents, 3. Brothers and sisters, and then 4. Other remoter relatives. In most states widows take absolutely all of their deceased husband's personal estate and part of his real estate for life or absolutely if he dies leaving children. If no children are born, the widow usually receives onehalf of the personal estate, and a part of the real estate absolutely or for life. Where the husband has no relatives or descendants to take part of the estate, the whole of it usually goes to the widow. Rights of a surviving husband in his deceased wife's estate vary greatly from state to state. In some states he gets an absolute or life interest in all or part of the realty and takes all or part of the personalty absolutely. The intestate laws in the several states should be carefully examined to ascertain in every case the interests of the respective classes of heirs. 507. Executors and administrators.-Executors are the representatives of a deceased person in relation to his estate appointed by last will and testament, while administrators represent the estate of the deceased person by virtue of their appointment by a court of justice. Ordinarily, executors do not receive their power directly from the will, but are appointed by a court in response to the testator's express desire. An administrator cum testamento annexo is one who is appointed to administer the estate where a will has been made, but no executor appointed or where the person named is unable or unwilling to act. The duties of an administrator with the will annexed, are often prescribed by the will. An executor de son tort is one who wrongfully intermeddles with an estate and assumes administration without legal warrant. He is bound to account to the rightful executor or administrator for whatever property belonging to the estate goes into his hands and is entitled to no compensation for his services. He may claim reimbursement for legal debts of the estate paid by him. Executors, unless residents of foreign states, usually are not required to supply a bond. Administrators, like other officers named by judicial authority, are required to furnish bonds, and for that reason wills are often made for the purpose of merely appointing an executor. 508. Appointment of administrator.-The statutes of the various states usually prescribe the order in which the right of appointment as administrator may be claimed by the decedent's relatives. The order of preference is usually as follows: 1. Widow or widower. 2. Children. 3. Grandchildren and other lineal descendants. 4. Father or mother. 5. Brothers and sisters. 6. Descendants of deceased brothers and sisters. 8. Uncles or aunts. 9. Cousins. 10. Creditors or other suitable persons. Usually infants, aliens, convicted felons and habitual drunkards cannot serve as administrators or executors. Where several persons are related to the decedent in the same degree, males are preferred to females in the appointment of an administrator, relatives of the whole blood to relatives of the half blood, and unmarried women to married women. Where all other conditions are equal, the appointment is made in the order of seniority. Administrators and executors ordinarily may be removed from their office for gross negligence or willful misconduct or for any other reason that would have prevented their appointment. In several states an officer appointed by law is known as the public administrator whose duty it is to collect, preserve and administer the estate of an intestate where no other administrator is appointed. 509. Duties of administrators and executors.-The duties of administrators and executors may be enumerated as follows: 1. Bury the decedent. 2. Procure appointment and give public notice thereof. 3. File an inventory and appraisal. 4. Reduce the entire estate to possession. 5. Pay the decedent's debts and the costs of administering the estate. 6. Pay the inheritance tax and other taxes. 7. File an account. 8. Have the account settled. 9. Distribute the estate. The following list of duties is taken from "Bostwick's Lawyers Manual." These duties have been enumerated with a view to the requirements of the New York statutes, but they will serve as a convenient guide in most jurisdictions. 510. Preliminary duties. 1. To open separate bank account in your representative capacity. Pay bills with checks upon this account. Where surety company is on bond checks will have to be countersigned by the company. 2. To reduce to possession as far as possible all the personal property, tangible and intangible. 3. To notify banks, trust and safe deposit companies, and corporations in which decedent held stock, by leaving certificate with them, if desired. These institutions usually require waivers from the state comptroller before parting with securities or money of the decedent, and usually decline to permit decedent's safe deposit box to be opened, prior to the obtaining of such waiver, except in the presence of a representative of the state comptroller. Counsel should be consulted for the purpose of obtaining such waivers. 4. To notify all life insurance companies, benefit orders, and mutual societies, by leaving certificates with them; obtain forms for proofs of death and file with respective companies, and if payable to estate collect insurance and benefit moneys. 5. To notify all debtors of your appointment by printed notice and demand payment of account and collect all outstandings. 511. Inventory and appraisal. 6. To take all property and papers of decedent into your possession and make full inventory of all personal property in duplicates in presence of counsel or other witness. If the affairs of the deceased are at all complicated or there is the slightest anticipation of misunderstanding, consult counsel and have appraisal made by appraisers appointed by the court instead of relying on private inventory. on private inventory. If you find that any of the assets of the estate are in the hands of third parties who refuse to deliver them, at once notify counsel so that discovery proceedings can be had. 7. If there is a large sum of money in your hands at any time, to place same at interest in some trust company. 8. To keep accurate account of receipts and disbursements, and to this end you can obtain executors and administrators' account book, or get copy of final account blank for form. 9. To obtain blank forms of proof of claim, have vouchers printed and obtain other necessary stationery, etc., of form to be most used, according to nature of estate. 10. To always insist upon sworn proof of claim, and always take receipt for disbursements in duplicate with waiver of citation upon account. 11. To examine all leases and contracts to which decedent was a party, and ascertain decedent's rights thereunder. 12. Any business deceased was engaged in alone you may proceed to wind up, but if he had partners, it would be wise to consult counsel before doing so. 13. To turn all personal property into cash unless parties interested, or who have appeared, consent in writing to retention in kind, or unless sale would cause a loss to parties entitled to property. Unless the will otherwise directs, sale should be at public auction and notice given to all parties interested. 14. If any property is found in which others are supposed to have or claim any interest do not part with the property, and if any packages are found among decedent's effects, sealed or indorsed, do not open or disturb same without legal advice, |