Discretion of court where several persons claim letters and

and relatives of the whole blood to those of the half blood.

SEC. 57. When there are several persons equally entitled to the administration, the court may grant letters to one or more of them; and when a creditor is claiming equally en letters, the court may, in its discretion, at the request of another creditor, grant letters to any other person legally

titled.

son entitled

competent.

SEC. 58. If any person entitled to administration is at In case per; minor, letters must be granted to his or her guardian, or any entitled to letters of administration, in person the discretion of the court.

to letters is a minor.

Persons who can not administer.

Married WOman not to be administra

trix.

letters of ad

other

SEC. 59. No person is competent to serve as admistrator or administrix, who, when appointed, is First. Under the age of majority.

Second. Convicted of an infamous crime.

Third. Adjudged by the court to be incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want of understanding or integrity.

SEC. 60. A married woman must not be appointed administratrix. When an unmarried woman appointed administratrix marries, her authority is extinguished. ARTICLE IV.—Petition for Letters and Action Thereon.

SEC. 61. Petitions for letters of administration must be in writing, signed by the applicant, or his attorney, and filed with the clerk of the court, stating the facts, to give the court jurisdiction of the case, and when known Petition for to the applicant, he must state the names, ages, and resministration idence of the heirs of the decedent, and the value and and requisites of. character of the property. If the jurisdictional facts existed, but are not fully set forth in the petition, and afterwards proved in the course of administration, the decree or order of administration, and subsequent proceedings, are not void for want of such jurisdictional aver

ments.

SEC. 62. Letters of administration may be granted at a regular term of court, or at a special term appointed by the judge for the hearing of the application.

SEC. 63. When a petition praying for letters of administration is filed, the clerk must give notice thereof by causing notices to be posted in at least three public places in the county, one of which must be at the place where the court is held, containing the name of the decedent, the name of the applicant, and term of court at which the application will be heard. Such notice must be given at least ten days before the hearing.

When peti

objected to.

SEC. 64. Any person interested may contest the petition by filing written opposition thereto, on the ground of incompetency of the applicant, or may assert his own right to the administration, and pray that letters may be tion may be issued to himself. In the latter case the contestant must file a petition and give the notice required for the original petition, and the court must hear the two petitions together.

SEC. 65. On the hearing, it being first proved that notice has been given as herein required, the court must hear the allegations and proofs of the parties, and order the issuing of letters of administration to the party best entitled thereto.

SEC. 66.

An entry in the minutes of the court that the required proof was made and notice given shall be conclusive evidence of the fact of such notice.

SEC. 67. Letters of administration must be granted to any applicant, though it appears that there are other persons having better rights to the administration, when such person fail to appear and claim the issuing of letters to himself.

Hearing of petition for letters and is

suance of.

shall appear before letters granted.

SEC. 68. Before letters of administration are granted on the estate of any person who is represented to have died intestate, the fact of his dying intestate must be proved by the testimony of the applicant or others; and Facts that the court may also examine any other person concerning the time, place, and manner of his death, the place of his residence at the time, the value and character of his property, and whether or not the decedent left a will, may compel any person to attend as a witness for

and

that purpose.

Appointment of adminis

trator at re

SEC. 69. Administration may be granted to any one

or more competent persons, although not entitled to the quest of per- same, at the written request of the person entitled, filed

son entitled.

Revocation of letters at instance of per

in court.

ARTICLE V.-Revocation of Letters and Proceedings

Therefor.

may

SEC. 70. When letters of administration have been granted to any person other than the surviving husband or wife, child, father, mother, brother, or sister of the intestate, any one of them obtain the revocation of son entitled the letters, and be entitled to the administration, by presenting to the probate court a petition praying the revocation, and that letters of administration may be issued to him.

to

ter.

adminis

Notice and

citation after to revoke let

petition filed

ters.

SEC. 71. When such petition is filed, the clerk must, in addition to the notice provided in section 57, issue a citation to the administrator to appear and answer the same at the time appointed for the hearing.

SEC. 72. At the time appointed, the citation having been duly served and returned, the court must proceed Hearing of to hear the allegations and proofs of the parties; and if the right of the applicant is established, and he is com- . petent, letters of administration must be granted to him, and the letters of the former administrator revoked.

petition to re

voke.

When surviv

SEC. 73. The surviving husband or wife, when letters of administration have been granted to a child, father, brother, or sister of the intestate, or any of such ing husband relatives, when letters have been granted to any other of them, may assert his prior right, and obtain letters of administration, and have the letters before granted revoked in the manner prescribed in the three preceding sections.

or wife may have letters

revoked and

re-issued.

Oath of ad

ARTICLE VI.- Executors and Administrators— Oath and Bond of.

SEC. 74. Before letters testamentary or of adminisministrator. tration are issued to the executor or administrator, he

must take and subscribe an oath before some officer authorized to administer oaths, that he will perform, according to law, the duties of executor or administrator; which oath must be attached to the letters.

Records of

affidavits, &c.

All letters testamentary and of administration issued to, and all bonds executed by, executors or administrators, with the affidavits and certificates thereon, must be letters, bonds, forthwith recorded by the clerk of the court having jurisdiction of the estates, in books to be kept by him in his office for that purpose.

SEC. 75. Every person to whom letters testamentary or of administration are directed to issue must, before receiving them, execute a bond to the territory of Montana, with two or more sufficient sureties, to be approved by the probate judge. The penalty must not be less than twice the value of the personal property and twice the probable value of the annual rents, profits, and issues of the real property belonging to the estate, which values must be ascertained by the probate judge by examining, on oath, the party applying, and any other

persons.

SEC. 76. The probate judge must require an additional bond whenever the sale of any real estate belonging to an estate is ordered by him; but no such additional bond must be required when it satisfactorily appears to the court that the penalty of the bond given before receiving letters, or of any bond given in place thereof, is equal to twice the value of the personal property remaining in, or that will come into, the possession of the executor or administrator, including the annual rents, profits, and issues of real estate, and twice the probable amount to be realized on the sale of the real estate to be sold.

Bond of execministrator.

utor or ad

Condition of

SEC. 77. The bond must be conditioned that the executor or administrator shall faithfully execute the bond. duties of the trust according to law.

Each executor or administrator to give bond.

SEC. 78. When two or more persons are appointed executors or administrators, the probate judge must require and take a separate bond from each of them.

SEC. 79. The bond shall not be void upon the first Several re- recovery, but may be sued and recovered upon from time to time, by any person aggrieved, in his own name, until the whole penalty is exhausted.

coveries may

be had on same bond.

Sureties on

SEC. 80. In all cases where bonds or undertakings are required to be given, under this title, the sureties must justify thereon, in the same manner and in like bond to jus amounts, as required in cases of appeal to the supreme court in the civil practice act; and the certificate thereof must be attached to, and filed and recorded with, the bond or undertaking.

tify.

Bonds to be approved by

All such bonds and undertakings must be approved probate judge by the probate judge, before being filed or recorded.

Probate judge may examine sureties as to

their worth.

SEC. 81. Before any probate judge approves any bond required under this title, and after its approval, he may, of his own motion, or upon the motion of any person interested in the estate, supported by affidavit that the sureties, or some one or more of them, are not worth as much as they have justified to, order a citation to issue requiring such sureties to appear before him, at a designated time and place, to be examined touching their property and its value; and the judge must, at the same time, cause a notice to be issued to the executor or administrator, requiring his appearance on the return of the citation; and on its return he may examine the sureties, and such witnesses as may be produced, touching the property of the sureties and its value; and if, upon May require such examination, he is satisfied that the bond is insufficient, he must require sufficient additional security.

additional security.

If sufficient bond not given, letters revoked.

SEC. 82. If sufficient security is not given within the time fixed by the judge's order, the right of such executor or administrator to the administration shall cease, and the person next entitled to the administration on the estate, who will execute a sufficient bond, must be appointed to the administration.