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the United States in a penalty equal to the amount of the personal property and the yearly rents to be derived from the real estate of such person, conditioned for the faithful performance of his duties as such committee; and he shall have control of the said estate, real and personal, with power to collect all debts due said drunkard, and to adjust and settle all accounts owing by him, and to sue and be sued in his representative capacity. He shall apply the annual income of the estate of such habitual drunkard to the support of said person, and the maintenance of his family and education of his children; and shall in all other respects perform the same duties and have the same rights as pertain to committees of lunatics and idiots.
When any person for whom a committee has been appointed under the provisions of this section shall become competent to manage his property on account of reformation in his habits, he may apply to said court to have said committee discharged and the care and control of his property restored to him; and if it shall appear by the verdict of a jury summoned therefor, or by affidavits, or other evidence to the satisfaction of the court, that said applicant is a fit person to have the care or control of his property, an order shall be entered restoring such person to all the rights and privileges enjoyed before said committee was appointed. And as to the property of any person for whom a committee has been so appointed the court shall have the same powers that are herein given to it in respect of the property of infants.
U.S. v. B. & O.,
Welch, 24 D. C.
ardson v. Dag
C. App., 300;
145; 8 D. C. App., 452; Caroline C.
Stat., 161; 30
Sec. 116. PROBATE COURT.-The special term of said 26 D. C. App., supreme court, heretofore known as the orphan's court, 581; Guthrie shall be designated the probate court, and the justice App., 562; Richholding said court shall have and exercise all the powers gett, 24 D. C. and jurisdiction by law held and exercised by the or- App., 440; 29 D. phans' court of Washington County, District of Columbia, Young et al. v. prior to the twenty-first day of June, anno Domini eight- Norris Peters Co., een hundred and seventy. Sec. 117. That in addition to the jurisdiction conferred Dahl green, 30 in the preceding section, plenary jurisdiction is hereby App, given to the said court holding the said special term to Stat., 434. hear and determine all questions relating to the execution and to the validity of any and all wills devising any real estate within the District of Columbia, and of any and all wills and testaments properly presented for probate therein, and to admit the same to probate and record in said special term; and neither the execution nor the validity of any such will or testament so admitted to pro- App., 351; 24 D. bate and record shall be impeached or examined collater- 27D.C. App., 145; ally, but the same shall be in all respects and as to all 32 D. C. App., 188; persons res judicata, subject, nevertheless, to the provisions hereinafter contained.
Sec. 118. The said court shall hold weekly sessions on such days as it may appoint and on as many days as may be necessary for the dispatch of its business.
Sec. 117, 1 D. C.
App. 107; 7 D. C.
C. App., 440, 565;
30 Stat., 434.
Ib., sec. 116.
2 D. C. App., 74;
34 L. R. 197; 13 D.
C. App., 461, 456;
Md. act 1798, ch. 101, 15 sec. 12.
Sec. 119. POWERS.-It shall have full power and author18 D. C. App., 225; ity to take the proof of wills of either personal or real C. App., 446; 8 D. estate and admit the same to probate and record, and for C. App., 452; 3 D. cause to revoke the probate thereof; to grant and, for any 1 D. C. App. 28; of the causes hereinafter mentioned, to revoke letters 14 D. C. App., 1; testamentary, letters of administration, letters ad colli12 D. C. App., 115; gendum, and letters of guardianship, and to appoint a successor in the place of anyone whose letters have been revoked; to hear, examine, and decree upon all accounts, claims, and demands existing between executors and administrators and legatees, or persons entitled to a distributive share of an intestate estate, or between wards and their guardians; to enforce the rendition of inventories and accounts by executors, administrators, collectors, guardians, and trustees required to account to said court; to enforce the distribution of estates by executors and administrators, and the payment or delivery by guardians of money or property belonging to their wards [, and, concurrently with the equity court, to direct the sale of real estate of decedents for the payment of their debts and the application of the proceeds thereof; Provided, That the jurisdiction of said probate court shall not be exclusive of the jurisdiction of the said equity court to entertain suits by legatees or next of kin against executors or administrators, or by wards against their guardians for an accounting; and, except in cases provided for in section numbered one hundred and [forty-four] forty-five, any settlement of accounts in said probate court shall only be prima facie evidence as to the correctness of said accounts in any such suits, or in suits by creditors against executors or administrators, or against heirs or devisees, to subject the real estate of decedents to the payments of their debts.
32 Stat., 524.
Sec. 120. CLERK.-The register of wills of the District. of Columbia shall be, and hereby is, authorized, empowered, and directed to act as clerk of the said probate term, to keep and certify its records and generally, with respect to said term, to exercise all the powers and perform all the duties which might otherwise be properly exercised or performed by the clerk of the supreme court of the District of Columbia.
Sec. 121. The said register of wills may receive inventories and accounts of sales, examine vouchers, and state accounts of executors, administrators, collectors, and guardians, subject to final passage or rejection of same by the court, may take probate of claims against the estates of deceased persons that are proper to be brought before him, and pass any claims not exceeding three hundred dollars; may take the probate of wills and accept the bonds of executors, administrators, collectors, and guardians, subject to approval by the court. It shall be his duty to make full and fair entries of the proceedings of said court, and also to make a fair record in a strong bound book or books of all wills proved before him or said court, and of all other matters by law directed
to be recorded in said court, and to lodge every original paper filed with him in such place of safety as the court. may appoint. He shall make out and issue every summons, process, and order of the court, and in every respect act under its control and direction in reference to matters coming within the jurisdiction of said court. He shall be, and hereby is, authorized to appoint two deputies, who may do and perform any and all the acts necessary in the administration of his office and the certification of the records of said court which he himself is authorized to do; also to appoint and fix the number and the compensation of the employees of said probate court and office of register of wills: Provided, That any expenditures incurred by him in so doing shall not be a charge upon the public Treasury, but shall, together with his own compensation, at the rate of four thousand dollars per annum, be paid out of the revenues of the office of register of wills: And provided further, That the employees of said office shall not be in excess of the number actually necessary for the proper conduct of the oflice of said register of wills.-Act of June 30, 1902 (32 Stat., Part I, p. 525).
[Sec. 121. The said register of wills may receive inventories and accounts of sales, examine vouchers, and state accounts of executors, administrators, collectors, and guardians, subject to final passage or rejection of same by the court; may take probate of claims against the estates of deceased persons that are proper to be brought before him, and pass any claims not exceeding three hundred dollars; may take the probate of wills and accept the bonds of executors, administrators, collectors, and guardians, subject to approval by the court. It shall be his duty to make full and fair entries of the proceedings of said court, and also to make a fair record in a strong bound book or books of all wills proved before him or said court, and of all other matters by law directed to be recorded in said court, and to lodge every original paper filed with him in such place of safety as the court may appoint. He shall make out and issue every summons, process, and order of the court, and in every respect act under its control and direction in reference to matters coming within the jurisdiction of said court. He shall be, and hereby is, authorized to appoint a deputy, who may, in his absence, do and perform any and all the acts necessary in the administration of his office and the certification of the records of said court which he himself is authorized to do; also to appoint and fix the number and the compensation of the employees of said probate court and office of register of wills: Provided, That any expenditures incurred by him in so doing shall not be a charge upon the public Treasury, but shall, together with his own compensation, be paid out of the revenues of the office of register of wills.]
App., 562; 13 D.
Sec. 122. CONCEALMENT OF ASSETS BY STRANGERS.- Richardson v. If an executor, administrator, or collector shall believe Daggett, 24 App., that any person conceals any part of his decedent's es- Welch, 24 D. C. tate, he may file a petition in said court alleging such con- C. App., 446. cealment, and the court may compel an answer thereto on oath; and if satisfied, upon an examination of the whole case, that the party charged has concealed any part of the estate of the deceased, the court may order the delivery thereof to the executor, administrator, or collector, and may enforce obedience to such order in the
Ib., sec. 122; Mades v. Miller, 2
Ib., sec. 122; Mann v. McDon
same manner in which orders of said court may be enforced, as hereinafter provided.
Sec. 123. INVESTMENT OF FUNDS.-The said court may, D. C. App., 455. in its discretion, order an executor, administrator, collector, or guardian, whom it may have appointed, to bring into court or invest in securities, to be approved by the court, any money or funds received by such executor, administrator, collector, or guardian; and if said party shall not, within a reasonable time, to be fixed by the court, comply with the order, his letters may be revoked. Sec. 124. CONCEALMENT BY EXECUTOR OR ADMINISald, 3 D. C. App., TRATOR.-If any person interested in any decedent's estate shall by petition allege that the executor, administrator, or collector has concealed or has in his hands and has omitted to return in the inventory or list of debts any part of his decedent's assets, and the court shall finally adjudge and decree in favor of the allegations of the petition, in whole or in part, it shall order an additional inventory or list of debts, as the case may be, to be returned by the executor, administrator, or collector, and appraisement to be made accordingly, to comprehend the assets omitted, and the court may compel obedience to said order, and, if the same is not complied with, revoke the letters testamentary or of administration or of collection and order the bond of the executor, administrator, or collector to be put in suit.
Ib., sec. 122.
Ib., sec. 122.
Sec. 125. JOINT EXECUTORS.-If any joint executor, administrator, or collector shall apprehend that he is likely to suffer by the negligence or misconduct in the administration or the improper use or misapplication of the assets of the estate by any coexecutor, coadministrator, or cocollector, he may make complaint to said court; and if said complaint shall be adjudged well founded, the court shall have authority, in its discretion, to revoke the powers and authority of the executor, administrator, or collector so complained of and to compel the delivery and surrender to the remaining executor, administrator, or collector of the assets and all books, papers, and evidences of debt of the estate that may be in the possession or control of the person so dismissed from the administration; and the remaining executors, administrators, or collectors shall be entitled to recover, in an action on the case, for any loss or damage they may suffer through the executor, administrator, or collector whose powers shall have been revoked as aforesaid.
Sec. 126. ENFORCEMENT OF DUTY.-The court shall power to order any executor, administrator, collector, or guardian who appears to be in default in respect to the rendering of any inventory or account or the fulfillment of any duty in said court to be summoned to appear therein and fulfill his duty in the premises, on pain of revocation of his letters testamentary or of administration or collection or of guardianship; and on his appearing the court may pass such order as may be just, and
upon his failure to appear, after having been duly summoned, may revoke his letters and make such further order and other appointment as justice may require.
Sec. 127. REVOCATION OF LETTERS.-Whenever said Ib., sec. 122; 3 court shall revoke letters testamentary or of administra- D. C. App., 246. tion or of collection or of guardianship, it shall be the duty of the party whose letters may be revoked to render forthwith an account of his administration or guardianship up to the period of the rendition of said account and to deliver and turn over to the person appointed in his place all the estate, money and effects remaining in his hands that were received and held by him by virtue of his appointment so revoked; and all moneys in the hands of an executor, administrator, or collector realized by him by the sale of the specific property shall be considered unadministered assets and be turned over in like manner; and the court may compel the performance of said duty in the manner hereinafter mentioned, and may direct the bond of said executor, administrator, or collector whose letters may be revoked to be put in suit for the use of the new administrator or collector appointed in his place.
Sec. 154, 1572; 1
Sec. 128. COUNTER SECURITY.-If any surety of an executor or administrator shall apprehend himself to be Md. in danger of suffering from the suretyship, he may apply 101, to the probate court, and the said court may call upon the party to give counter security, to be approved by the court; and if the party so called on shall not, within a fixed reasonable time, give counter security, the court may order the property remaining in the hands of such executor or administrator to be delivered up to such surety, and the court may enforce the delivery by proper process; and an inventory of the property delivered to such surety shall be returned without delay, and the property contained in such inventory shall be by the said surety sold, distributed, and delivered up, as the case may require, under the immediate order of the court, as if such surety were executor or administrator; but inasmuch as it would be inconvenient to creditors and others interested in the estate, if there should be a double administration, the executor or administrator shall go on to discharge his trust, unless the court revoke his letters for some just cause, as herein before directed, and he shall be answerable for the property in the same manner as if it were not on his default as aforesaid delivered to the surety; and he shall be entitled to sue the said surety and recover damages in case he shall suffer from the misconduct of such surety, in diminishing any part of the property, without obtaining an allowance for the same from the court; and the said surety shall bring into court, to be deposited with the register of wills, the money arising from the sale of any property as aforesaid, to be applied according to the meaning of this code.
APP, 28: sec. 11.
Sec. 129. ENFORCEMENT OF JUDGMENTS, AND SO Ib., 122. FORTH.-The said court, in addition to the powers [here