"Know all men by these presents that we, A. B., Form. C. D. and E. F. of the county of and Territory of Iowa, are held and firmly bound unto the people of the Territory of Iowa, in the penal sum of dollars, current money of the United States, for which payment, well and truly to be made and performed, we and each of us do bind ourselves, our heirs, executors, administrators, and assigns, jointly, severally, and firmly by these presents. our hands and seals this 18-. day of Witness "The condition of the above obligation is such, Condition. that if the said A. B., administrator of all and singular the goods and chattels, rights and credits of J. R. deceased, do make or cause to be made a true and perfect inventory of all and singular the goods and chattels, rights and credits of the said deceased, which shall come to the hands, possession, or knowledge of him the said A. B. as such administrator, or to the hands of any person or persons for him, and the same so made do exhibit or cause to be exhibited in the court of probate for the said county of agreeably to law, and such goods and chatte's, rights and credits, do well and truly administer according to law, and all the rest of the said goods and chattels, rights and credits which shall be found remaining upon the account of the said administrator, the same being first examined and allowed by the court of probate, shall deliver and pay unto such person or persons as may be legally entitled thereto, and further do make a just and true account of all his actings and doings therein, when thereunto required by the said court; and if it shall hereafter appear that any last will and testament was made by the deceased, and the same be proved in court, and letters testamentary or of administration be obtained thereon, and the said A. B. do in such case, on being required thereto, render and deliver up the letters of administration granted to him as aforesaid, and shall in general do and perform all other acts which may at any time be required of him by law, then this obligation to be void, otherwise to remain in full force and virtue." bond. Which said bond shall be signed and sealed by the In other cases said administrator and his securities, attested by same form of the judge of probate, and filed in his office. And in all cases where bonds shall be taken from any administrator de bonis non, or in any other case where Actions on tors, &c. a form shall not be prescribed in this act, the same shall be made as nearly as may be in conformity with the form above prescribed, with corresponding variations to suit each particular case. SEC. 61. All bonds which may at any time be given bonds of execu- by any executor or executors, administrator or administrators, either with or without the will annexed, or de bonis non, to collect, or public administrator may be put in suit and prosecuted against all or any one or more of the obligors named therein, in the name of the Territory of Iowa, for the use of any person or persons who may have been injured by reason of the neglect or improper conduct of any such executor or administrator as aforesaid, and such bond shall not become void on the first recovery thereon, but may be sued upon from time to time until the whole penalty shall be recovered: Provided, That the person or persons, for whose use the same may at any time be prosecuted, shall be liable for all costs which may accrue in the prosecution of the same; and certified copies of all such bonds, under Certified copies the seal of the court of probate, shall be received as to be evidence. evidence to authorize such recovery in any court of law or equity having jurisdiction thereof in this Territory. Records to be kept of all wills, administrations, bonds, &c. SEC. 62. The judges of the court of probate respectively shall make, keep, and preserve complete records of all wills, testament, and codicils, and the probate thereof; all letters testamentary and of administration, either with or without the will annexed, de bonis non, or to collect; all bonds taken of executors or administrators; all inventories, appraisements, and sale bills; and all other exhibits presented to and allowed by said courts, appertaining to the administration and settlement of estates, with an alphabet of reference to the page, names of parties, and amount of such exhibits, inventories, appraisements, and sale bills; and shall docket from time to time, upon their books of record, all matters and controversies that shall arise for a decision or adjudication before any of said courts, with the names of the parties litigant, the evidence adduced thereon, and the opinion or decision of the court, in order that there may be no difficulty in taking appeals therefrom; they shall record all letters testamentary and of administration before they are delivered out of their offices respectively, and shall certify at the foot, or on the back thereof, that the same have been recorded according to law; they SEC. 63. If at any time after letters of administra of will. tion have been granted, a will of the deceased shall Administration be produced, and probate thereof granted accord- to be revoked ing to law, such letters of administration shall be on production revoked and repealed, and letters testamentary, or of administration with the will annexed, shall be granted in the same manner as if the former letters had not been obtained. de bonis non to SEC. 64. In all cases when a will, testament, or codicil shall have been proved, and letters granted If will set aside, thereon as aforesaid, and such will shall thereafter administration be set aside or annulled by due course of law, the letters granted thereon shall be revoked and repealed, and administration de bonis non granted of the goods and chattels unadministered. be granted. adm'n. may be SEC. 65. The court of probate shall have power to revoke and repeal all letters testamentary, or of ad- Cases in which ministration, granted to persons who shall become letters testainsane, lunatic, or of unsound mind, habitual drunk-mentary, or ards, persons who may be convicted of any infa- recorded. mous crime, who waste or mismanage the estate, or who conduct themselves in such manner as to endanger their co-executors, co-administrators, or securities; in all which cases the court shall summon the person or persons charged to be in default or disqualified as aforesaid, to show causewhy such revocation should not be made; and when made, the reasons therefor shall be stated at large upon the record, and other letters granted to the next person or persons who shall, according to law, be entitled to the same. SEC. 66. If any executor of any last will or testament, or administrator of an intestate estate, resid- Other cases. ing out of the Territory at the time of taking upon Revocation of himself the execution of such trust, or after having done so, shall remove beyond the limits of this Territory, and shall refuse or neglect, after due notice from the court of probate, to render his accounts and make settlement of such estate with creditors, legatees, or heirs, or their legal representatives, the said court may in like manner revoke such letters, and grant other letters thereon to such person or persons as may be entitled to the same, and as to the said court shall seem mete. SEC. 67. Where the letters of one of several exletters, death, ecutors or administrators are revoked, or one or or disqualificamore of the executors or administrators shall die, or tion of execubecome disqualified, the court of probate may, in tor, &c. their discretion, join other administrators in their stead or place, and require additional bonds from such new administrator or administrators, or the survivor or survivors, or such as shall not have their powers revoked, shall proceed to manage the estate; and in case the letters of all of them shall be revoked, or all of said executors or administrators shall depart this life before final settlement and distribution of the estate shall have been made, administration with the will annexed, or as the case may require, shall be granted to the persons next entitled thereto; and in all cases where any such executor or administrator shall have his letters revoked as aforesaid, he shall nevertheless be liable on his bond to such subsequent administrator or administrators, or to any other person or persons aggrieved, for any mismanagement of the estate thus committed to his care as aforesaid; and such subsequent administrator or administrators may have and maintain actions of trover, debt, detinue, account, and on the case, against such former executor or administrator for all such goods, chattels, debts, and credits as shall have come to the possession of him or her, and which shall be withheld, or may have been wasted, embezzled, or misapplied, and no satisfaction made for the same. Application of this act. SEC. 68. All the provisions of this act, relative to an executor or administrator, shall apply and extend to an executrix or administratix, executors or administrators, and vice versa, unless otherwise expressly provided for; and whenever any party in the singular number, or a male party, is mentioned, the rule shall apply to a female, or two or more having a joint interest, so far as the rule can be with propriety applied, and so far as is not otherwise directed. ecutor, &c. SEC. 69. No executor or administrator, or security Mission or misfor an executor or administrator, shall be charge- pleading of exable beyond the assets of the testator or intestate, by reason of any omission or mistake in pleading, or false pleading of such executor or administrator. SEC. 70. If any court of probate shall hereafter Court may regrant letters testamentary or of administration of quire further the estate of any person deceased, without taking security. good security for the same as aforesaid, or if the security so taken shall afterward become insufficient, and in all cases where such security has been heretofore taken, and now has or shall hereafter become insufficient as aforesaid, it shall be lawful for the said court, on the application of any person entitled to distribution, a creditor, or otherwise interested in such estate, to require such executor or administrator to give other and sufficient security; and in default thereof, the letters testamentary or of ad- In default,letministration shall be revoked, and administration ters to be revogranted to the person entitled to the same, according to the rules hereinbefore prescribed in the case of an administrator de bonis non; and all acts done and performed according to law, by the executor or administrator, whose letters testamentary or of administration may be revoked as aforesaid, prior to such revocation, shall be valid and effectual. ked. ty. SEC. 71. When securities for executors or admin- Securities may istrators, or their representatives, may conceive petition for themselves in danger of suffering by the misman-counter securiagement of such executors or administrators, and petition the court of probate for relief, in writing, setting forth the cause of such apprehension, the said court shall examine such petition, and if the judge thereof shall deem the causes, therein stated and set forth, sufficient to entitle such petitioner or petitioners to relief, if true, he shall summon such executor or administrator to shew cause against such petition, and may thereupon dismiss the same, or direct such executor or administrator, in his discretion, either to give good counter security to save such petitioner or petitioners harmless, or to give a new bond in the like penalty as the first; and such new New bond may bond shall have relation back to the time of grant- be taken. ing letters testamentary or of administration, and shall be as effectual, in every respect as if the same had been executed before such letters had been |