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OF THE INVENTORY AND LIST OF DEBTS.
1. Certain terms; how construed.
2. Administrator to return inventory in one month.
3. Court to issue warrant to two appraisers. 4 Form of warrant to appraise.
5. On death, &c., of appraiser another warrant to issue.
6. Appraiser's oath.
7. When appraiser to notify parties in
8. Duty of appraisers.
9. Administrator failing to return inventory; penalty of.
10. How same may be returned by one of several administrators.
11. Administrator may adopt collector's in
ventory, or return a new one. 12. When and how administrator to return an additional inventory.
13. What property of deceased exempt from appraisement.
14. The inventory to include all other assets
16. Party concealing assets; how proceeded
17. Administrator concealing or not return
ing same; how proceeded against. 18. Administrator to return, in one month, a list of money on hand and debts due deceased.
19 An administrator not answerable for debts returned good, if not collected. 20. How suit to be instituted, under order of the court, on such list.
21. Naming a party as executor not to extinguish claim against him.
22. When inventory may be dispensed with. SECTION 1. Every executor and administrator shall observe the following provisions in the settlement of the estates of deceased persons; and the rights, duties, and liabilities of executors and administrators, unless otherwise hereinafter provided, shall be the same. The term decedent shall be taken to mean either a testator or intestate; and the word administrator hereinafter used in this title shall, unless otherwise expressly declared, be construed to mean both executors and administrators.
SEC. 2. Every administrator shall, within one month after the grant of administration, unless a longer time be allowed by the orphans' court, return thereto an inventory of the personal estate of his decedent, with an appraisement of the same, made in the following
SEC. 3. At the time of granting administration, a warrant shall be issued by the court or register to two persons not related to the deceased, nor interested in the administration, directing them to make an appraisement.
SEC. 4. The form of such warrant shall be as follows:
This is to authorize you jointly to appraise the personal estate of late of deceased, so far as it shall come to your sight or knowledge, each of you having first taken the oath hereto annexed, a certificate whereof you are to return attached to an inventory of such personal estate, in which inventory you are to set down the appraised value of each article in dollars and cents.
judge of the orphans' court.
-, Register of Wills.
SEC. 5. On the death of any appraiser, or his refusal or neglect to act, another warrant may be issued.
SEC. 6. Before proceeding to act, the appraisers shall take the following oath, before any person authorized to administer oaths:
"I, ——, do swear, that I will truly value, without partiality or prejudice, the personal estate of, deceased, so far as the same shall come to my sight or knowledge, and will in all respects perform my duty as appraiser to the best of my skill and judgment: So help me God."
SEC. 7. If there be any person interested in the administration within the District of Columbia, it shall be the duty of the administrator to give notice to such person, or, in case there be more than one, to at least two of them, of the time and place appointed for making the appraisement.
SEC. 8. The appraisers shall set down each article, with the value thereof in dollars and cents, and cast up the contents of each column and of the whole, and return the inventory, under their hands and seals, to the administrator, who shall deliver the same, with the warrant and the oaths of the appraisers annexed, to the court or register.
SEC. 9. If an administrator shall fail to return an inventory within the time herein directed, the orphans' court may attach and fine him, not exceeding fifty dollars. The court may also, ex-officio, or on the application of any person interested, issue a summons for such. administrator, returnable in not less than ten nor more than thirty days, to show cause why such inventory has not been exhibited; and
upon a return of "summoned," or two returns of "non est,' if the party fail to appear, or, appearing, fail to show cause for his neglect, his administration may be revoked.
SEC. 10. Any one administrator may, upon the neglect of his coadministrator, return such inventory, and thenceforth the co-administrator shall cease to have any part in the administration, unless, within two months from such return, he shall assign to the court satisfactory excuse for his neglect.
SEC. 11. When an inventory has been returned by a collector, an administrator may, in his discretion, either return a new inventory, or, by an acknowledgment of his purpose, in writing, to be filed in the register of wills' office, adopt the inventory of the collector.
SEC. 12. Whenever personal property of the decedent, not mentioned in an inventory already returned, shall come to the possession or knowledge of an administrator, an inventory of the same shall be returned within one month from the discovery thereof, appraised by two disinterested sworn appraisers, appointed as herein before provided; and the making and return of such inventory shall be enforced in the same manner as provided with respect to the first inventory.
SEC. 13. The following articles shall be exempt from appraisement, and be omitted in making the inventory, to wit:
First. All property not liable to have been taken at law, in the lifetime of the deceased, on an execution against him.
Second. All articles of apparel or ornament of the widow suitable to the station and estate of her husband; and also all the apparel of the minor children, if there be any.
Third. When the decedent shall leave a child, grandchild, or widow, his wearing apparel, not to include jewelry of any kind, shall be exempt from appraisement, and shall belong first to such child, and if no child, then to the grandchild, and if there be neither child nor grandchild, then to the widow of the decedent. If there be more than one child or grandchild entitled, the administrator shall make such a division among them as he shall think proper.
SEC. 14. With the exceptions provided for in the section immediately preceding, and the debts due the decedent, all his assets shall be included in such inventory.
SEC. 15. The following shall be deemed assets in the hands of an administrator, to wit: leases for years; estates for the life of another,
except those granted to the deceased and his heirs only; the crop on the land of the deceased by him begun; things annexed to the freehold or building which may be removed without prejudice to the building, and all debts due deceased, and negroes, produce, and every other species of personal property, except those things denominated heir looms.
SEC. 16. If an administrator shall believe that any person conceals any part of decedent's personal property, he may file a petition in the orphans' court alleging such concealment, and the court shall 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 such property, may order the delivery thereof to the administrator, and may force obedience thereto by attachment and fine not exceeding three hundred dollars, or by sequestration of property.
SEC. 17. If any person interested in the decedent's estate shall, by petition, allege that the administrator has concealed, or has in his hands, and has not returned in the inventory or list of debts, any part of his decedent's assets, the orphans' court may compel an answer to such petition; and should it finally adjudge in favor of the allegations of the petition, in whole or in part, it shall order an additional inventory and appraisement, or list of debts, to be made, to comprehend the assets omitted, and may enforce obedience to such order as provided in the previous section, and may also revoke the administration.
SEC. 18. Every administrator shall, within one month from the grant of administration, return, with an affidavit of the truth annexed, an inventory of the money belonging to his decedent which has come to his hands, and also of the claims, debts, or demands due him which have come to his knowledge. He shall specify the nature of each debt, distinguishing such as are in his opinion good from those he shall deem desperate.
SEC. 19. Such return as to the character of the debts shall be made to enable the court, and others interested, to form a just estimate of the circumstances of the deceased, but shall not be held to fix upon the administrator a liability for a debt which he shall return as good if the same be not collected.
SEC. 20. The court shall examine every list of debts returned by an administrator, and for every debt which the court shall not mark as desperate or improper to be put in suit, the administrator shall com
mence a suit, unless the debt be paid within four months, or unless the court shall think reasonable an excuse made by the administrator within one month after the lapse of the said four months for not bringing suit; and on failure to bring such suit, the party shall be liable on his administrative bond.
SEC. 21. The bare naming of an exccutor in a will shall not operate to extinguish any just claim against him, but he shall give in the same in the list of debts, and on failure he shall be proceeded against in the manner herein before directed with respect to administrators not returning all the assets of their decedents.
SEC. 22. An inventory of the property of a decedent may be dispensed with in accordance with the provisions hereinafter contained in sections fourteen and fifteen of chapter fifty-eight.
SALES OF ASSETS BY ADMINISTRATOR, AND PAYMENTS OF CLAIMS AGAINST THE ESTATE OF DECEASED.
1. Sales of decedent's personal estate; when ordered by orphans' court.
2. Terms of sale.
3. In case of collusion, &c., administrator to account for deficiency.
4. Growing crops may be finished or sold, and how.
5. Sales of real estate by executor to be confirmed by orphans' court.
6. Administrator not to pay claim against
7. Effect of court passing such claim.
9. Claims not passed to be proved.
10. Judgment; how proved.
12. Bond, note, bill of exchange, &c.; how
13. Same; all assignors to make oath.
17. Claims, &c., for dealings with a factor.
19. Affidavits made out of the District; how certified, &c.
20. Additional proof required when claimant is administrator.
21. When there are several creditors, the oath of one sufficient.
22. Administrator not bound to avail of the plea of limitation.
23. Claims on the part of an estate or against it; how arbitrated.
24. Award to be returned to orphans' court. 25. Manner of confirming same.
26. Public notice to be given by adminis
27. Evidence of same; how preserved.
notice as aforesaid, and paid away, &c.,
29. Within what time administrator to pay debts.
30. How to distribute assets afterwards coming to hand.