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SEC. 9. An executor may, by an attested writing to that effect filed in the orphans' court, renounce the trust: provided, however, that, notwithstanding such renunciation, or even failure to qualify as hereinafter provided, he may take out letters at any time before they are actually granted to another.
Ssc. 10. Any executor who shall have been present at the probate or authentication of a will, and who shall not, within thirty days thereafter, qualify, shall be taken to have renounced.
SEC. 11. Any executor not present at the probate or authentication of a will, but within this District, shall be summoned by the orphans' court. Such summons shall be returnable not less than twenty nor more than forty days from its date; and if returned "summoned," and the executor shall not appear and qualify within twenty days thereafter, or if two summonses shall be returned " non est," and the executor shall not, within twenty days after the return of the second summons, appear and qualify, he shall be taken to have renounced the trust, unless, on reasonable excuse made by him, or on his behalf, the court shall allow him a further time, not exceeding forty days, after such return or appearance, within which to qualify.
SEC. 12. Any executor who may be out of the District at the time. the will is proved or authenticated, shall be allowed four months thereafter within which to qualify; but if, within that period, he shall return to the District, he may, at the option of other parties, be proceeded against as if he had been in the District at the time of probate or authentication, and on failure to qualify, he shall be taken to have renounced.
SEC. 13. When more than one excutor is named in a will, and any of them shall renounce, or be found incompetent to act, as hereinbefore provided, letters testamentary may be granted to the rest as if none others had been mentioned in the will.
SEC. 14. No executor shall, before letters testamentary are granted to him, dispose of any part of his testator's property, or interfere therewith, further than may be necessary for its preservation; but all acts done by an executor before obtaining letters shall, if he afterwards obtain them, be valid, and his bond shall be responsible therefor. In any action brought by him, a certificate of the register of wills of the grant of letters at any time before trial or final hearing shall be sufficient evidence of title to bring such action.
SEC. 15. Before letters testamentary are granted to an executor, shall qualify by giving the bond and taking the oath herein required; provided that when the will directs that an executor shall not give security, the judge of the orphans' court shall not require it of him unless on the application of some person interested, or when from his own knowledge he thinks security should be required.
SEC. 16. Such bond shall be executed to the United States, with at least two sufficient sureties, to be approved by the orphans' court. In form it shall be joint and several, and the penalty thereof shall be double the value of the property of which the executor will have charge, which may be ascertained by the examination, on oath, by the judge, of the party applying, or any other person.
SEC. 17. The condition of such bond shall be, that the executor will faithfully execute the duties of his office according to law, and shall be in form following, or to the same effect:
"The condition of the above obligation is such, that if the above bounden shall faithfully perform the duties of his office as executor of late of deceased, according to law, then the above obligation shall be void; otherwise, it is to remain in full force."
SEC. 18. Such bond shall be lodged and recorded in the register of wills' office; and any person may have on demand a copy of it, certified by the register under his hand and the seal of the orphans' court, upon which an action may be maintained in the name of the party interested.
SEC. 19. The bond of any executor above eighteen and under twenty-one years of age shall be binding as if he were of full age; as shall also the bond of any husband of like age given on letters granted to his wife.
SEC. 20. The oath to be taken by an executor shall be in the following form:
"I, do swear, that I will faithfully discharge the duties imposed on me by law as executor of
deceased, late of
to the best of my knowledge: So help me God.
SEC. 21. The following shall be the form of letters testamentary,
to be granted under the seal of the orphans' court:
UNITED STATES OF AMERICA.
Know ye, that the last will and testament of
deceased, hath been, in due form of law, exhibited, proved, and recorded in the office of the register of wills for Washington county, District of Columbia, a copy of which is to these presents annexed; and administration of the estate of said deceased is hereby committed unto the executor named in the
county, District of Columbia, this
Register of Wills.
judge of the orphans' court for Washington
OF LETTERS OF ADMINISTRATION.
1. Letters of administration, with the will annexed; when and how granted.
2. Letters of administration; when granted, and form of.
3. Qualifications of an administrator.
5. Husband; how entitled to wife's choses
7. Order of right to administration among
10. Same; next of kin applying.
11. Same; rules of preference among par-
15. Administration may be granted to two
16. How same granted when married woman entitled.
17. Proceedings on renunciation of party entitled.
18. Same, on party failing to qualify.
21. Administration revoked by grant of let-
22. Such executor entitled to prosecute and defend actions commenced by or against administrator.
23. And how entitled to judgments obtained by administrator; and bound by those against him, except when, &c.
24. When and to whom letters of adminis tration, de bonis non, may be granted.
25. The form of same, and authority conferred by them.
26. Bonds, &c., to be delivered over to ad
ministrator, de bonis non, by administrator or executor of deceased adminis trator or executor.
27. If not done, what bonds shall be liable
28. Such administrator or executor to return,
30. When letters of administration durante
minoritate may be granted.
SECTION 1. If no executor be named in a will, or if the sole executor or all the executors named therein, shall renounce or be found incompetent, letters of administration, with a copy of the will annexed, shall be granted as in cases of intestacy: provided, however, that, should there be a residuary legatee or legatees, he or they shall be preferred to all but a widow; and it shall be incumbent on the orphans' court to proceed in the manner herein before directed with respect to executors within the District before administration shall be granted to any other person; and a male residuary legatee shall be preferred to a female.
SEC. 2. When any person hath died intestate, leaving in this District any chattels or personal property, administration may be granted thereon by the orphans' court, as hereinafter provided. The form of the letters of administration shall be as follows:
31. When and to whom administration pendente lite may be granted.
32. How same revoked by grant of letters testamentary.
UNITED STATES OF AMERICA.
Washington county, District of Columbia, sct.
To all persons to whom these presents shall come, greeting: Know ye, that whereas late of deceased, hath died intestate, as it is said, leaving certain goods, chattels, and personal estate to be administered, administration of all and singular the goods and chattels, rights and credits, of the said deceased, is hereby granted and committed unto judge of the orphans' court for Washington in the year day of
Witness county aforesaid, this
33. When administration shall be granted to the marshal.
, Register of Wills.
SEC. 3. The qualifications of an administrator shall be the same as herein before prescribed for an executor, save that, in respect to age, no one shall be appointed administrator who has not attained full
twenty-one years. All questions touching the competency of a party to act as administrator shall be tried and determined on like proofs and in the same manner as with an executor.
SEC. 4. It shall be incumbent on the person applying for administration to prove the intestacy of the party on whose estate he seeks to qualify, unless the same be notorious; and the court may examine such person, or any other, on oath, touching the time, place, and manner of death, and whether or not the party dying left any will; and if such intestacy be not proved to the satisfaction of the court, no administration shall be granted. In no event shall administration be granted until at least twenty days after the death of the supposed intestate, and five days after application for the same.
SEC. 5. If the intestate be a married woman, it shall not be necessary for her husband to administer, but all her choses in action shall devolve on him; provided, that if he shall not, in his lifetime, reduce such choses in action into possession, or obtain jndgment thereon, they shall devolve on her representative, and administration may be granted accordingly.
SEC. 6. If the intestate leave a widow and a child or children, administration may be granted by the court, at its discretion, to either.
SEC. 7. If there be a widow and no child, the widow shall be preferred; if there be a child or children and no widow, the child or one or more of the children, shall be preferred; and next to the widow and children, a grandchild shall be preferred.
SEC. 8. If there be neither widow, child, nor grandchild, the father shall be preferred; and next to him, brothers or sisters shall be preferred; and next to them, the mother.
SEC. 9. It shall not be necessary to delay the granting of administration for such parties when they are without the District at the time of any application for the same. When they are within the District at such time, they shall be summoned as hereinbefore provided in the case of executors not present at the probate of a will but within the District, after which, and at any time before they do apply, administration may be granted, as if such parties were not entitled.
SEC. 10. If there be neither widow nor child, nor grandchild, nor father, nor brother, nor sister, nor mother, the next of kin applying for administration shall be preferred.