SEC. 1415. (§ 92.) The special administrator must collect and preserve for the executor or administrator, all the goods, chattels, debts and effects of the decedent, all incomes, rents, issues and profits, claims and demands, of the estate; must take the charge and management of, enter upon and preserve from damage, waste and injury, the real estate, and for any such and all necessary purposes, may commence and maintain, or defend, suits and other legal proceedings, as an administrator; he may sell such perishable property as the probate court may order to be sold, and exercise such other powers as are conferred upon him by his appointment, but in no case is he liable to an action by any creditor on a claim against the decedent. Statutes of 1851, p. 458, ? 92; 1861, p. 634, § 28. Duties of ministrator. special ad testament'ry istration are granted, special ad SEC. 1416 (93) When letters testamentary or of When letters administration on the estate of the decedent have been or of admin granted, the powers of the special administrator cease, and he must forthwith deliver to the executor or adminis- ministrator's trator all the property and effects of the decedent in his bands; and the executor or administrator may be permit ted to prosecute to final judgment any suit commenced by the special administrator. Statutes of 1851, p. 458, ? 93. SEC. 1417. (§ 94.) The special administrator must render an account, on oath, of his proceedings, in like manner as other administrators are required to do. Statutes of 1851, p. 458, 94. NOTE.-Section 95 is embodied in section 1411, ante. SEC. 1418. (§ 96) In case any one of several executors or administrators, to whom letters are granted, dies, becomes lunatic, is convicted of an infamous crime, or otherwise becomes incapable of executing the trust, or in case the letters testamentary or of administration are revoked or annulled, with respect to any one executor or administrator, the remaining executor or administrator must proceed to complete the execution of the will or administration. Statutes of 1851, p. 459, 2 96. powers cease Who to act when all act SEC. 1419. (§ 97) If all such executors or administrators die or become incapable, or the power and authority incompetent ing were of all of them is revoked, the probate court must issue letters of administration with the will annexed, or otherwise, to the widow or next of kin, or others, in the same order and manner as is directed in relation to original letters of administration. The administrators so appointed must give bond in the like penalty, with like sureties and conditions, as herein before required of administrators, and shall have the like power and authority. Statutes of 1851, p. 459, 97. On proof of will, after grant of letters of administra. tion, letters revoked. Power of executor in such a case. Executor or administrator may resign, when ARTICLE VIII. WILLS FOUND AFTER LETTERS OF ADMINISTRATION GRANTED, SECTION 1423. On proof of will, after grant of letters of administration, letters revoked. 1424. Power of executor in such a case. 1425. Executor or administrator may resign, when. Court to ap point successor. Liability of out-goer. 1426. All acts of executor, etc., valid until his power is revoked. SEC. 1423. (§ 98.) If, after granting letters of administration on the ground of intestacy, a will of the decedent is duly proved and allowed by the court, the letters of administration must be revoked, and the power of the administrator ceases, and he must render an account of his administration within such time as the court shall direct. Statutes of 1851, p. 459, 98. SEC. 1424. (§ 99.) In such case, the executor or the administrator with the will annexed is entitled to demand, sue for, recover and collect all the rights, goods, chattels, debts and effects of the decedent remaining unadministered, and may be admitted to prosecute to final judgment any suit commenced by the administrator before the revocation of his letters of administration. Statutes of 1851, p. 459, 99. SEC. 1425 (§ 100) Any executor or administrator may, at any time, by writing, filed in the probate court, resign his appointment, having first settled his accounts and delivered up all the estate to the person whom the appoint successor. court shall appoint to receive the same. If, however, by Court to reason of any delays in such settlement and delivering up of the estate, or for any other cause, the circumstances of the estate or the rights of those interested therein require it, the court may, at any time before settlement of accounts and delivering up of the estate is completed, revoke the letters of such executor or administrator, and appoint, in his stead, an administrator, either special or general, in the same manner as is directed in relation to original letters of administration. The lia- Liability of bility of the outgoing executor or administrator, or of the sureties on his bond, shall not be in any manner discharged, released or affected by such appointment or resignation. A delivery of the entire estate to his successor or the person appointed to receive the same, discharges the outgoing executor or administrator and his sureties from further liability, and the court must so order it. Statutes of 1851, p. 457, 2 100; 1858, p. 105, 2 1. SEC. 1426. (§ 101.) All acts of an executor or administrator, as such, before the revocation of his letters testamentary or of administration, are as valid, to all intents and purposes, as if such executor or administrator had continued lawfully to execute the duties of his trust. Statutes of 1851, p. 459, 101. NOTE.-Section 102 (Stat. 1851, p. 459) is omitted, its office being supplied in part IV of this code, under title "Evidence." out-goer. All acts of et valid executor, until his power is revoked. ARTICLE IX. DISQUALIFIED JUDGES AND TRANSFERS OF ADMINISTRATORS. SECTION 1430. When judge not to act. 1431. Judge being disqualified, proceedings to be transferred, and where. 1432. Transfer not to change right to administer. Re-transfer, how made. 1433. When proceedings to be returned to original court. not to act. SEC. 1430. (§ 103) No probate court shall admit to When judge probate any will, or grant letters testamentary or of administration, in any case where the judge thereof is interested as next of kin to the decedent, or as a leg Ju lge being disqualified, to be trans ferred, and where. atee or devisee under the will, or when he is named as executor or trustee in the will, or is a witness thereto, or is in any other manner interested or disqualified from acting. Statutes of 1851, p. 459, § 103; 1863-4, p. 369, § 9. SEC. 1431. (§ 104.) When a petition is filed in the proproceedings bate court, praying for admission to probate of a will, or for granting letters testamentary or of administration, or when proceedings are pending in the probate court for the settlement of an estate, and the presiding judge of the court is disqualified to act from any cause, upon his own or the motion of any person interested in the estate, he must make an order transferring the proceeding to the probate court of an adjoining county; and the clerk of the court ordering the transfer must transmit to the clerk of the court to which the proceeding is ordered to be transferred, a certified copy of the order, and all the papers on file in his office in the proceeding; and thereafter the probate court to which the proceeding is transferred shall exercise the same authority and jurisdiction over the estate, and all matters relating to the administration thereof, as if it had original jurisdiction of the estate. Transfer not to change right to administer. how made. Statutes of 1851, p. 460, 104; 1865-6, p. 328, § 1. SEC 1432. (§ 104) The transfer of a proceeding from one court to another, as provided for in the preceding section, shall not affect the right of any person to letters testamentary or of administration on the estate transferred, but the same persons are entitled to letters testamentary or of administration on the estate, in the order Re-transfer, erein before provided. If, before the administration is closed of any estate so transferred, as herein provided, another person is elected or appointed, and qualified, as probate judge of the county wherein such proceeding was originally commenced, who is not disqualified to act in the settlement of the estate, and the causes for which the proceeding was transferred no longer exist, any person interested in the estate may have the proceeding returned to the court from which it was originally transferred, by filing a petition setting forth these facts, and moving the court therefor. Statutes of 1851, p. 460, 2 104; 1865–6, p. 329, § 1. SEC. 1433. (§ 104) On hearing the motion, if the facts required by the preceding section to be set out in the petition are satisfactorily shown, and it further appears to the court that the convenience of parties interested would be promoted by such change, the judge must make an order, transferring the proceeding back to the probate court where it was originally commenced; and the clerk of the court ordering the transfer must transmit to the clerk of the court in which the proceeding was originally commenced a certified copy of the order, and all the original papers on file in his office in the proceeding; and the court where the proceeding was originally commenced shall thereafter have jurisdiction and power to make all necessary orders and decrees to close up the administration of the estate. Statutes of 1851, p. 460, 104; 1865-6, p. 329, § 1. When pro ceedings to be returned to original court. ARTICLE X. REMOVALS AND SUSPENSIONS IN CERTAIN CASES. SECTION 1436. Suspension of powers of executor. 1437. Executor to have notice of his suspension, and to be cited to appear. 1438. Any party interested may appear on hearing. 1439. Notice to absconding executors and administrators. of powers of executor. SEC. 1436. (§ 281.) Whenever the probate judge has Suspension reason to believe, from his own knowledge or from credible information, that any executor or administrator has wasted, embezzled or mismanaged, or is about to waste or embezzle the property of the estate committed to his charge, or has committed or is about to commit a fraud upon the estate, or is incompetent to act, or has permanently removed from the state, or has wrongfully neglected the estate, or has long neglected to perform any act as such executor or administrator, he must, by an order entered upon the minutes of the court, suspend the powers of such executor or administrator, until the matter is investigated. Statutes of 1851, p. 485, ? 281; 1861, p. 652, 2 100. NOTE.-Section 282 (Stat. 1851, p. 485) is embodied in section 1411, and omitted here. |