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such brother, sister, or child, or descendant of a brother or sister, shall have the whole. Every brother and sister shall be entitled to an equal share; and the child or descendant of a brother or sister of the intestate shall stand in the place of such brother or sister, except all the brothers and sisters be dead, when their descendants, if related to the intestate in equal degree, shall take equally, and not by representation.

Sec. 27. If the intestate leave a mother and no child, descendant, father, brother, sister, or descendant of a brother or sister, the mother shall be entitled to the whole; and in case there be no father, a mother shall have equal share with the brothers and sisters of the intestate and their descendants.

Sec. 28. After children, descendants, father, mother, and brothers and sisters of the intestate, and their descendants, the nearest collateral relations within the fifth degree shall take, and no representation amongst such collaterals shall be allowed ; and there shall be no distinction between the whole and half blood.

Sec. 29. If there be no collaterals entitled to take, a grandfather may take, and if there be two grandfathers, they shall take alike; and a grandmother, in case of the death of her husband, the grandfather, shall take as he might have done. After them, other ancestors, in their order, may take in like manner.

Sec. 30. If any person entitled to distribution shall die before the same be made, his share shall go to his representative.

Sec. 31. If there be no relations of the intestate within the fifth degree-which among collaterals shall be reckoned by counting down from the common ancestors to the more remote member—the surplus shall go to the United States, and shall be divided among the public schools of this District, as is provided in Part I with regard to fines.

Sec. 32. The distributive share of any descendant of an intestate shall be taken, always subject to the provision of section seven, chapter fifty-one, of this Code, with regard to advancements. But the widow shall have no advantage by bringing such advancement into reckoning; and the maintenance or education of a descendant, or money given to him without a view to a portion or settlement in life, shall not be deemed an advancement.

SEC. 33. Posthumous children of intestates shall take in the same manner as if they had been born before the death of the intestate ; but no other posthumous relation shall be considered as entitled to distribution in his own right.

Sec. 34. The illegitimate child of any female may take and transmit personal estate from his mother, as if born in lawful wedlock. And if any illegitimate child shall die intestate, without issue entitled to same, his personal estate shall go to his mother.

Sec. 35. In case the surplus remaining in the administrator's hands, after payment of all just debts exhibited and proved, or known, and not barred, or after retaining for the same, shall consist of specific articles of property mentioned in the inventory, the same may be distributed in the manner provided in this and the following section. The administrator, if he cannot satisfy the parties, may apply to the orphans' court to make distribution, and, by summons, call upon the parties to appear; and the court may, at the appointed time, proceed to distribute

But if a majority, in point of value, shall neglect to appear, or, appearing, shall object to the distribution of the articles, or if the court shall deem a sale of such articles, or any of them, more advantageous, a sale shall be directed accordingly, and the rules herein before laid down relative to sales by order of the orphans' court shall be observed.

Sec. 36. Or the orphans' court may appoint two disinterested persons, not in any way related to the parties concerned, to make such distribution among them as shall seem proper; and if, in their opinion, upon a view of such articles, no distribution among the parties entitled can be made which would operate equally, but a sale would appear more advantageous, these facts shall be certified to the court in writing, and the court shall thereupon order a sale, and the proceeds thereof, as also the proceeds of sales under the preceding section, shall be distributed among the parties entitled.

Sec. 37. Every account returned by an administrator to the orphans' court shall be verified by his oath.

Sec. 38. A devise of lands, or any estate therein, or bequest of personal property, to the wife of a testator, or to any other person in trust for her, shall, if intended to be in lieu of her distributive share of his estate, bar her of the same, unless she shall renounce the provision, as herein before provided, to save dower; and the same rule of construction, to ascertain the intention of the testator, shall govern.

CHAPTER 59.

MISCELLANEOUS PROVISIONS RELATIVE TO ADMINISTRATION.

SECTION
1. When and how counter, new, or addi-

tional security may be required of an

administrator. 2. On his failure to give it, his administra

tion to be revoked, and the estate to

be delivered up. 3. How joint administrator may proceed

against his 'co-administrator, in the

event of his misconduct. 4. Receipts and releases to an administra

tor; how acknowledged and certified;

to be recorded by the register. 5. A copy of same, attested by register,

evidence. 6. Such receipt or release to be retained in

office of register. 7. Payments, &c., by administrators to

guardians, irregularly appointed; when

valid. 8. 9.

When administration may be revoked.

SECTION
10. Appointment of a new administrator,

and other proceedings, on such revoca.

tion, 11. Rights of succeeding administrator. 12. Executor de son tort. 13. Inventory of partnership effects. 14. When surviving partner to have man

agement of partnership property. 15. Condition of bond to be given by him. 16. Power of orphans' court over surviving

partner, and remedies of parties against

him. 17. When administrator to have manage

ment of partnership effects. 18. Bond to be given. 19. Surviving partner to exhibit, &c., prop

erty of firm. 20. Proceedings in case of his refusal so to

do.

}

Section 1. The orphans' court may, on the application of any surety on the bond of an administrator, or on the application of any person interested in the estate of such surety, who may conceive himself in danger of suffering from the suretyship, call upon the administrator to give counter security to be approved by the court. It may also require new or additional security of administrators, as herein before provided in chapter six, Part I, of this Code.

Sec. 2. On the failure of an administrator to comply with the order of the court to give either counter, new, or additional security, his administration shall be revoked, and another administrator shall be appointed in his stead, and the delivery to such newly-appointed administrator of all the estate in the hands of the former administrator then unadministered, together with all books, papers, and evidences of debt of the deceased, may be ordered by the court, and a disobedience of same punished as a contempt.

Sec. 3. If any joint administrator shall represent, by petition, to the orphans' court, that he is likely to suffer by the improper use or application of the assets by his co-administrator, or by other misconduct or negligence of his in the administration, and the court, after summoning such co-administrator, and giving him ten days' notice in writing of the character of the application, shall deem the complaint of the petitioner well founded, it shall revoke the letters of such coadministrator, and may order the delivery by him to the remaining administrator, of all the assets of the estate, and of all books, accounts, and evidences of debt belonging to the same, and may enforce a compliance therewith, as provided in the section immediately preceding. The remaining administrator may also recover for any loss or damage that he may be subjected to or suffer by the administrator whose powers have been revoked.

Sec. 4. Any receipt, release, or acquittance, to an administrator, (which shall be acknowledged and certified, as herein before provided in chapter forty-eight in regard to deeds,) from a guardian, or from any heir, distributee, or legatee, of the age of twenty-one years, or of eighteen years if a female and married to a person of full age, her husband uniting, or from an attorney duly authorized by such parties to execute the same, may be recorded in the office of the register of wills; and when the same is executed in virtue of a power of attorney, such power of attorney shall be acknowledged and certified as the release or receipt is required to be, and shall likewise be recorded in the register's office.

Sec. 5. A copy of any such receipt or release, or of any such power of attorney, and of a receipt or release executed in pursuance thereof, duly attested by the register, under the seal of the orphans' court, shall at all times be admitted as sufficient evidence to prove the same.

Sec. 6. Every such receipt or release, and power of attorney, shall be retained and preserved in the office of the register after it is recorded.

Sec. 7. When any guardian shall be irregularly appointed by the orphans' court, and his appointment shall be liable to be revoked or declared void, for any cause whatever, any payment or delivery to him by an administrator, before his appointment shall have been revoked or declared void, of any legacy, distributive share, or personal property, shall have the same force and validity as if the appointment were regular and not liable to be revoked, and every such guardian so receiving money or other property shall be liable to account for the same, and his bond shall be responsible therefor.

Sec. 8. Administration may be revoked whenever an executor not authorized by will to sell, or an administrator shall sell, any part of a decedent's estate without an order of the orphan's court directing such sale.

Sec. 9. Administration may also be revoked whenever an administrator shall fail to comply with an order of the orphans' court directing him to bring into court, or place in bank or invest in bank or any other good security, any money or other funds or property received by him.

Sec. 10. Whenever the orphans' court shall revoke letters testamentary, or of administration, and there be no remaining administrator or executor, it shall be the duty of the court to appoint a new administrator; and if the party whose administration shall be revoked shall not, within a reasonable time, to be fixed by the court, deliver over to the new administrator, or to the remaining administrator or executor, all the property of the decedent remaining in his hands unadministered, and also all the books, bonds, notes, and evidences of debt, or funds, belonging to said decedent, the court may compel the delivery and payment of same by attachment for contempt, or sequestration of property, and may direct his bond to be put in s:rit.

Sec. 11. In all cases where an executor or administrator shall die, or be removed, and another administration shall be granted, the succeeding administrator shall have the benefit of and be bound by all judgments obtained by or had against his predecessor, subject to savings similar to those contained in section twenty-three of chapter fifty-four.

Sec. 12. Every person who shall unlawfully intermeddle with any property of a decedent shall be chargeable as executor of his wrong, and shall be liable to an action to the extent of the damage occasioned thereby. The measure of such damages shall be the value of the property taken, with interest thereon at the rate of ten per centum per annum, and compensation for any special damage sustained.

Sec. 13. An administrator or executor upon the estate of any deceased member of a copartnership, shall include in the inventory which by law he is required to return, the whole of the partnership property, rights, and credits, appraised at their true value, as in other cases ; but the appraisers shall carry out in the footing an

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