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Sec. 27. The court shall indicate in such order a certain day by which the same shall be complied with ; and, on proof of the service of the same, and the neglect or refusal of the party to comply therewith, it may order the bond of the deceased administrator or executor, or the bond of the party refusing or neglecting, to be put in suit by the administrator de bonis non ; both of which bonds shall be liable.
Sec. 28. The executor or administrator of such deceased party shall return, upon oath, to the orphans' court, on or before the day named in the order, a list of such bonds, notes, accounts, evidences of debt, and moneys, as far as he can ascertain the same.
Sec. 29. If such administrator or executor shall return such list, he shall be entitled to retain, out of the money, bonds, notes, and accounts, such commissions as the court may, in its discretion, allow, not exceeding three per cent. thereon; and the same shall be accounted for by him in the settlement of the estate of his decedent. If he refuse or reglect to return such list, no commission shall be allowed ; but he shall be bound to account, in the settlement of his decedent's estate, for the commissions so lost by his default.
Sec. 30. Administration durante minoritate of an executor may be granted by the orphans' court, to last until the executor attain the age of eighteen years.
Sec. 31. Administration pendente lite may be granted by the orphans' court, in all cases where the validity of a will is contested, to the executor therein named, or to the person to whom the largest portion of the personal estate is bequeathed by the will, or to the person entitled to administration, in the discretion of the court.
Sec. 32. The decision of such contest, and the grant of letters testamentary, shall, ipso facto, revoke the administration pendente lite; and such revocation shall have the same effect, and shall be subject to like rules and provisos as are herein before mentioned on the revocation of administration by grant of letters testamentary.
Sec. 33. If at any time, except during a contest about the decedent's will, one year shall elapse from the death of the decedent, without some one qualifying on his estate, the orphans' court shall, on the application of any person, or of its own motion, order the marshal of the District to take into his possession the estate of such decedent and administer the same. The marshal shall thereupon, without taking any other oath of office, or giving any other bond or security than he may have before taken or given, shall be administrator, or administrator de bonis non, with or without the will annexed, as the case may be, and shall thence forward be entitled to all the rights, and bound to perform all the duties of such administrator. The court may, however, at any time revoke such order, and allow any other person to qualify as executor or administrator.
OF LETTERS OF COLLECTION.
as is required of an executor. 4.
Duties of a collector. 5. S
6. Collector may sue.
&c., collector's authority revoked,
and he to deliver up property. 9. Qualifications of a collector.
SECTION 1. When, from any cause whatever, there shall be any delay in granting letters testamentary or administration, the orphans' court may, at discretion, issue letters of collection, authorizing the collection and preservation of the personal property of the deceased, and the return of an inventory thereof. Sec. 2. The form of such letter shall be as follows:
UNITED STATES OE AMERICA,
To all persons to whom these presents shall come, greeting :
deceased had at the time of his death, personal property within this District, the administration whereof cannot be immediately granted, but which, if speedy care be not taken, may be lost, destroyed, or diminished; to the end, therefore, that the same may be preserved for those who may appear to have an interest therein, I do hereby authorize
of to collect, secure, and preserve the same, and to make a true and perfect inventory thereof, to be exhibited with due speed, together with an account of his collection, in the office of the register of wills. Witness
judge of the orphans' court of Washington connty, District of Columbia, this —
Sec. 3. Before such letters are granted, the person to be appointed collector shall, using his proper title, give bond and take oath as is required of executors. Such bond shall be filed, recorded, and sued on, as is hereinbefore prescribed for executors' bonds, and it shall, in all other respects, be on the same footing as an executor's bond.
Sec. 4. A collector shall have power to collect and preserve the goods, chattels, personal estate, and debts of the deceased, and to secure the same at such reasonable expense as may be allowed by the orphans' court. He shall cause the same to be appraised, and return an inventory thereof, in the manner hereinafter prescribed for an administrator ; and he may, under an order of the orphans' court, sell perishable articles.
Sec. 5. Every collector shall, unless sooner superseded, return, within one month of the date of his letters, with an affidavit of the truth annexed, an inventory of the money of the deceased which has come to his hands.
Sec. 6. A collector may bring suit for the recovery of debts or other property belonging to the deceased, and in case his letters shall be revoked pending any such action, the administrator or executor receiving letters shall have the same control over such action, and the benefit of all judgments obtained thereon, as is hereinbefore given in chapter fifty-four, sections twenty-two and twenty-three, on the revocation of letters of administration,
Sec. 7. The orphans' court may allow a collector, as compensation, such a commission as it shall deem just, not exceeding three per cent., on the amount of property and debts collected and afterwards delivered to the executor or administrator.
Sec. 8. On the granting of letters testamentary or of administration, the collector's letters shall be deemed revoked, and his power shall cease.
He shall, on demand, deliver to the executor or administrator the property and debts of the deceased collected by him, except such portion thereof as he may be allowed to retain as compensation, and such delivery may be enforced by attachment and a fine not exceeding two hundred dollars, and his bond may be sued by the executor or administrator.
Sec. 9. The qualifications of a person to be appointed collector shall be the same as those herein before prescribed for an administrator, and when disputed they shall be tried in like manner.
OF THE INVENTORY AND LIST OF DEBTS.
1. Certain terms; how construed.
rant to issue. 6. Appraiser's oath. 7. When appraiser to notify parties in
terested. 8. Duty of appraisers. 9. Administrator failing to return inven
tory ; 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.
of deceased, save debts due him. 15. What shall be deemed assets. 16. Party concealing assets; how proceeded
against. 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 dce
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 ex
tinguish 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 manner.
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:
District of Columbia. 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. Witness
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,
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