$ 1070. Partnership tion, unless the surviving partner shall, within five days Oct. 11, 1862, from the filing of the inventory, or such further time as the court or judge may allow, apply for the administration thereof, and give the undertaking therefor hereinafter prescribed. property ma tered by sur adminis viving partner. Application therefor. Id., Denominated trator of the His powers § 1103. [1071.] If the surviving partner apply there- a., $1071. for, as provided in the last section, he is entitled to the administration of the partnership estate, if he have the an adminis qualifications and competency required for a general partnership. administrator. He is denominated an administrator of and duties. the partnership, and his powers and duties extend to the 15 Or. 147. settlement of the partnership business generally, and the payment or transfer of the interest of the deceased in the partnership property remaining after the payment or satisfaction of the debts and liabilities of the partnership, to the executor or general administrator within six months from the date of his appointment, or such further time, if necessary, as the court or judge may allow. In the exercise of his powers and the performance of his duties, the administrator of the partnership is subject to the same limitations and liabilities, and control and jurisdiction of the court, as a general administrator. § 1072. Undertaking § 1104. [1072.] The undertaking of the administra- Oct. 11, 1862, tor of the partnership shall be in a sum not less than double the value of the partnership property, and shall of adminis be given in the same manner and be to the same effect partnership. as the undertaking of a general administrator. trator of the § 1073. When admin partnership devolves upon § 1105. [1073.] In case the surviving partner is not Oct. 11, 1862. appointed administrator of the partnership, the administration thereof devolves upon the executor or general istration of administrator; but before entering upon the duties of propepty such administration he shall give an additional under- general taking in double the value of the partnership property. 15 Or. 146. § 1106. [1074.] Every surviving partner, on the de- Oct. 11, 1862, mand of an executor or administrator of a deceased administrator. § 1074. Oct. 11, 1862, Ø 1074. Duty of sur towards partner, shall exhibit and give information concerning the property of the partnership at the time of the death viving partner of the deceased partner, so that the same may be coradministrator. rectly inventoried and appraised; and in case the administration thereof shall devolve upon the executor or administrator, such survivor shall deliver or transfer to him on demand all the property of the partnership, including all books, papers, and documents pertaining to the same, and shall afford him all reasonable information and facilities for the performance of the duties of his trust. § 1107. [1075.] Any surviving partner who shall refuse or neglect to comply with the requirements of the last section may be cited to appear before the court or judge, and unless he show cause to the contrary, the court or judge shall require him to comply with such section in the particular complained of. Oct. 11, 1862, Ø 1075. How last section may be enforced. Oct. 11, 1862, 1076. Who not qualified to act as executor or § 1108. [1076.] The following persons are not qualified to act as executors or administrators: non-residents of this state; minors; judicial officers, other than justices administrator. of the peace; persons of unsound mind, or who have been convicted of any felony, or of a misdemeanor involving moral turpitude; or a married woman. Oct. 11, 1862, Ø 1077. Letters § 1109. [1077.] Letters testamentary may be in the following form: testamentary, STATE OF OREGON, form of. COUNTY OF SS. To all persons to whom these presents shall come, greeting: the said clerk of the [L. S.] county court, have hereunto subscribed my name and affixed the seal of said court, this day of —, A. D. 18- A B, Clerk County Court. $ 1078. § 1110. [1078.] Letters of administration may be in oct. 11, 1862, the following form: To all persons to whom these presents shall come, greeting: this therefore authorizes the said ; to administer deceased, according to In testimony whereof, etc., the same as in letters testamentary. Letters to an administrator of the partnership with the will annexed, or to a special administrator, may be issued according to the foregoing forms, with such variations as may be proper in the particular case. Letters of administration, form of. 1079. Inventory, contain. § 1111. [1079.] The court or judge thereof, in its dis- Oct. 11, 1862, cretion, may allow an executor or administrator to resign, when it appears that such executor or administrator has what to published a notice of his intention to apply therefor in some newspaper in general circulation in the county, for 12 Or. 114. the period of four weeks prior to such application, and that he is not in default in any matter connected with the duties of his trust. Such executor or administrator shall pay the cost of the proceeding, and if the application is allowed, he shall surrender his letters to be canceled, and his powers as such shall cease from that time forward. Resignation of executor or administrator. It is not necessary that a resignation should be made in conformity with this section, requiring notice of intention to resign to be published, etc. Apart from said sec- TITLE III. OF THE INVENTORY OF THE ESTATE. Oct. 11, 1862, 1080. Inventory of estate, when and how made. 10 Or. 520. 18 Or. 173. Oct. 11, 1862, $1081. Inventory, what to contain. 18 Or. 170. Oct. 11, 1862, 1082. § 1120. § 1121. § 1122. Mode of examination of such person. § 1123. § 1124. Who entitled to the possession and control of property of deceased. Proceeding against person charged with secreting property or writing relating thereto. Proceeding in case such person refuses to appear or answer. Proceeding to compel account against party intrusted with any portion of estate. § 1125. Damages for conversion of property before administration. § 1112. [1080.] An executor or administrator shall, within one month from the date of his appointment, or, if necessary, such further time as the court or judge. thereof may allow, make and file with the clerk an inventory, verified by his own oath, of all the real and personal property of the deceased which shall come to his possession or knowledge. § 1113. [1081.] The inventory shall contain an account of all money belonging to the deceased, or a statement that none has come to the possession or knowledge of the executor or administrator; also a statement of all debts due the deceased, the written evidence thereof, and the security therefor, if any exist, specifying the name of each debtor, the date of each written evidence of debt, and security therefor, the sum originally payable, the indorsements thereon, if any, and their dates, and the sum appearing then to be due thereon. Inventory does not estop executor to show that property recited as part of his decedent's estate does not in fact belong to him: Anthony v. Chapman, 2 West Coast Rep. 68. § 1114. [1082] Before the inventory is filed, the property therein specified shall be appraised at its true § 1082. ment of cash value by three disinterested and competent persons, Oct. 11, 1862, who shall be appointed by the court or judge thereof; Appraisement but if any part of the property shall be in a county other and appointthan that where the administration is granted, the ap- appraisers. praisers thereof may be appointed by such court or judge, 18 or. 170. or the court or judge thereof of the county where the property shall be; in the latter case, a certified copy of the order of appointment shall be filed with the inventory. $1083. Oath of § 1115. [1083.] Before making the appraisement, the Oct. 11, 1862, appraisers shall each take and subscribe an affidavit, to be filed with the inventory, to the effect that he will hon- appraisers. estly and impartially appraise the property which shall be exhibited to him according to the best of his knowledge and ability. Ø 1084. Appraisement and debts. § 1116. [1084.] The appraisers shall appraise each Oct 11, 1862, article of property separately, and set down the value thereof in dollars and cents, opposite the entry of the of morey article in the inventory. Money, of whatever nature, that is a legal tender, is to be appraised at its nominal value; but debts, of all descriptions or kinds, are to be appraised at that sum which, in the judgment of the appraisers, may be realized from them by due process of law. When the appraisement is completed, the inventory shall be signed by the appraisers. 1085. Debt due named in will § 1117. [1085.] The naming any one executor in a Oct. 11, 1862, will shall not operate to discharge such executor from any claim which the testator had against him, but the by person claim shall be included in the inventory; and if the per- as executor. son so named afterwards take upon himself the administration of the estate, he shall be liable for such claim. as for so much money in his hands at the time the claim became due and payable; otherwise he is liable for such claim as any other debtor of the deceased. 1086. Discharge or § 1118. [1086.] The discharge or bequest in a will oct. 11, 1862, of any claim of the testator against a person named as executor therein, or against any other person, shall, as against the creditors of the deceased, be invalid. Such claim shall be included in the inventory, and for all the bequest of a claim by will, effect of. |