UNITED STATES OF AMERICA. To all persons to whom these presents shall come, greeting. late 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 of the executor named in the will. Witness judge of the orphans' court for Washington county, District of Columbia, this day of Teste: Register of Wills. CHAPTER 54. OF LETTERS OF ADMINISTRATION. SECTION annexed ; when and how granted. and form of. 3. Qualifications of an administrator. 4. Proof of death and intestacy to be made before administration is granted. 5. Husband; how entitled to wife's choses in action without administering. SECTION titled. ter of wills may have administration. 20. Administrator to give bond and take oath as required of executor. 21. Administration revoked by grant of let ters testamentary on subsequent pre bate of will. 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 con ferred by them. 26. Bonds, &c., to be delivered over to ad ministrator, de bonis non, by administrator or executor of deceased administrator or executor. 9.) 12. S 10. Same; next of kin applying. ties in equal degrees of kin. tion of the orphans' court. 15. Administration may be granted to two or more persons with the consent of the one first entitled. 16. How same granted when married woman entitled. SECTION to suit. on oath, a list of such bonds, &c. 29. Commission thereon; when and how al. lowed him. 30. When letters of administration durante minoritate may be granted. SECTION dente lite may be granted. testamentary. 33. When administration shall be granted to the marshal. 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, sbould 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: UNITED STATES OF AMERICA. To all persons to whom these presents shall come, greeting : 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 of Witness judge of the orphans' court for Washington county aforesaid, this day of in the year 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 herein before 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. Sec. 11. In equal degrees of kin, males shall be preferred to females; relations on the side of a father to relations on the side of a mother; an unmarried woman to a married one; relations of the whole blood to those of the half blood; and, in the collateral lines, relations descending to those ascending. Sec. 12. None shall be preferred in the ascending lines beyond a father or mother, or in the descending lines below a grandchild. Sec. 13. If there be no relations entitled, administration shall be granted to the largest creditor applying for the same. Sec. 14. If there shall be neither widow, nor child, nor grandchild, nor father, nor brother, nor sister, nor mother, or if these be incompetent, or renounce, or fail to appear and qualify, on proper summons, or if other relations and creditors shall fail to apply and qualify, administration may then be granted at the discretion of the orphans' court. Sec. 15. Administration may be granted to two or more persons, with the consent of the person first entitled. Sec. 16. When a married woman is entitled to administration, the same may be granted to her and her husband if he be competent. Sec. 17. If any person entitled to administration shall deliver or transmit to the orphans' court a declaration, in writing, that he is willing to decline the trust, the court shall proceed as if such person were not entitled. Sec. 18. If any person applying for administration shall fail to qualify within thirty days after his right to administer has been recognised by the orphans' court by an order to that effect, administration may be granted as if such party were not entitled. Sec. 19. Neither letters testamentary nor of administration shall be granted in any case to the judge of the orphans' court or register of wills of this District. Sec. 20. Before administration shall be granted to the party entitled, he must qualify, by taking an oath and executing a bond similar to those hereinbefore prescribed for an executor; and such bond shall be recorded, and shall be liable to suit, and be, in all respects, on the same footing as an executor's bond. Sec. 21. If letters of administration be granted, and afterwards a will disposing of the personal property of the deceased be proved, and an executor shall apply for letters testamentary within thirty days thereafter, and shall qualify, letters testamentary shall be granted, and the same shall be construed as a revocation of letters of administration: provided, that all acts done by any administrator according to law, before any actual or implied revocation, shall be valid; and that he shall be entitled to costs incurred in conducting any suit, as if letters testamentary had not been granted. Sec. 22. Such executor shall also be authorized to prosecute any action commenced by the administrator, and to obtain judgment thereon in his own name; and to defend any such suit commenced against the admistrator, which suit may be prosecuted to judgment by the plaintiff, notwithstanding the grant of letters testamentary. Sec. 23. Such executor shall have the benefit of all judgments obtained by the administrator, and shall be bound by all had against him, unless the same shall be revised, as hereinafter provided in Part III, by the court in which they were rendered. If such judgment shall have been obtained by fraud, the court may set it aside at any time without regard to the time of the application therefor. Sec. 24. If an executor or administrator shall die before administration is completed, letters de bonis non, or letters de bonis non with the will annexed, may be granted, at the discretion of the court, giving preference, however, to the person entitled, if he apply for the same; and in no case shall the executor of an executor be entitled, as executor, to administration de bonis non of the first deceased. SEC. 25. The form of such letters shall be the same as herein before directed for administrators, except that the words “ already not administered” shall be added in their proper place; and the authority thereby conferred shall be to administer all things hereinafter described as assets and debts, not converted into money, and not distributed, or delivered, or retained by the former executor or administrator under the court's direction. SEC. 26. The orphans' court shall, on the application of an administrator de bonis non, order the administrator or executor of a deceased administrator or executor to account and deliver over all the bonds, notes, accounts, and evidences of debt, or other property, which the deceased administrator or executor may have taken or had in such capacity, at the time of his death, and also to pay over the money in his hands which came to the deceased administrator or executor in that capacity |
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