proceed and govern himself as is required of other administrators appointed under this act, with or without the will annexed, (as the case may be,) except that the oath and bond required of them to be taken and given, shall be varied, as the circumstances may require.

Sec. 9. That the bond of administration, or the bond given Bond of admin. by the executor, shall be drawn payable to the State of Ohio, istrator, etc, to and filed in the clerk's office; and suit may be instituted therehe payable to on, as prescribed in the act, entitled "An act pointing out the manner in which suits may be prosecuted on the bonds of executors, administrators and officers."

the State of Ohio

Personal proper.

Tic sale

Sec. 10. That t executor or a ministrator shall, in all ce ty not devised, sell the whole of the personal property belonging to said esto be sold at pub- tate, (not devised or bequeathed, or retained, or set off to said widow and children for support, as specified in this act,) at public vendue, after at least fifteen days' notice having been given in some newspaper in general circulation throughout the county, or by advertisement set up in at least five public places in the county where such sale is to take place: Provided, That the widow may keep such part of said property as she may keep at the ap desire, at the valuation made by the appraisers; she securing the payment thereof to the exccutor or administrator, as other purchasers.

Widow

may

praised value

Tnventory of

goods sold, and

Sec. 11. That every executor or administrator, making sale of goods and chattels of deceased persons, by virtue of this act, of those kept by shall return a true inventory of the goods so sold, and the price widow, to be re for which they were sold, and names of the persons to whom three they were sold, including the property taken by the widow

turned to clerk's

oflice in months

sent to the court

an account cur

it vouchers

(if any) at the appraisement, to the office of the clerk of the court of common pleas for said county, within three months after such sale is made.

Sec. 12. That every executor and administrator shall, with-. Administrator, in the time allowed for settling the accounts of the estate in etc., shall pre his hands, present to the court of common pleas a fair written statement or account current, in which he shall charge himself rent, and exhib with the whole amount of the estate, according to the inventories of sale an appraisement, including all the debts due the estate. and moneys on hand at the death of the deceased; and credit himself with all moneys lawfully expended in settling said estate, either by the payment of debts or otherwise, exhibiting with said account the receipts and vouchers for all moneys paid out; which account and vouchers shall be inspected by the court: and the court shall, upon such examination, allow such administrator a credit for all debts with which he had charged himself, and which could not be collected; and shall allow such administrator a credit for any sum not exceeding six per cent. on the amount by him settled, and such other sums for extra expenses and trouble as they may deem reasonable:

Court to strike

he balance due

nilow and heirs

Sec. 13. That after allowing the said administrator all just credits on his account, the court shall strike the balance of

and upon such account, and determine what sum remains în the hands of said administrator, due to the widow, (if any) and heirs of the deceased: and said account, when approved and settled, shall be recorded at length by the clerk of said court; and said receipts and vouchers, or duplicates thereof, shall be filed and preserved in the office of said clerk: and said administrator shall, on demand, after such settlement, pay to the widow, (if any) and heirs of such decedent, if of full age, and to their guardians respectively, if minors, the amount of money due them severally.

an abstract of

Sec. 14. That when any executor or administrator, who has, Executor, é or hereafter shall have made a final settlement of his accounts after settlement, with the court, by which the balance in his hands shall be as- may file in court certained distributable to the widow and heirs, or residuary payment to w legatees of the testator or intestate, and shall have paid over dow, heirs, etcr, to the widow, heirs or legatees, or to the guardian of any minor heir or legatee, or to any of them, his, her or their distributive share; such executor or administrator may, at his option, file in court an abstract of such payments, together with the receipts of such widow, heirs, legatees and guardians.

and his voucher's

etc., being filed,

Sec. 15. That when such abstract and receipts shall be Such abstract, filed, it shall be the duty of the clerk to give notice within clerk shall give thirty days after the rising of the court, by advertisement, notice thereof by published for three weeks successively, in some newspaper of publication general circulation in the county, that such receipts are filed.

Sec. 16. That at the next term of the court after such no

The court at the

allowed, they

ecutor, etc.,

tice given, the receipts so filed shall be examined by the court, next term shall and if no objection be made thereto, and none appear, they examine such shall be allowed and entered of record; and said executors receipts, and if and administrators shall, by such allowance, be discharged shall he recordfrom so much of the sum found by such settlement with the ed; and the ex court as aforesaid, to be in the hands of said executor or ad- shall be dischar ministrator, as the persons whose receipts are so allowed, as in ged pro tants this section provided, are entitled to: Provided, That the court may, at any time, on motion of any person interested, within five years after such allowance, set aside and vacate the same, for good cause shown.

three preceding

Sec. 17. That all costs and fees accruing under the three Costs under the preceding sections of this act, shall be paid by the executor or sections not administrator, who shall file the abstract and receipts specified chargeable to the in said sections; and said executors and administrators shall ed not be entitled to retain the same out of the estate of his testator or intestate.

estate of deceas

by citation pa

Sec. 18. That the court of common pleas shall have power, Court may come by citation and attachment, to compel any administrator or pel settlement executor to present his account for final settlement, at any time attachment after the expiration of eighteen months from the date of the letters testamentary or administration, or after the further time allowed by said court for such settlement.

See. 19. That when a citation shall issue against, and be

be rendered

served upon an executor or administrator, to show cause why Judgment may settlement has not been made of his or her account, as such ainst executor, executor or administrator, and he or she shall neglect or refuse costs of citation to appear at the term of the court to which such citation is re

ois, for the

Account of ex

continued

rm

turnable, or, having appeared, shall fail to show cause, to the satisfaction of the court, why settlement has not been made, it shall be competent for such court to render judgment against such executor or administrator for the costs which may have accrued upon such citation.

Sec. 20. That every account presented to the court by any executor or administrator for settlement, shall be continued ecutor, etc., to be one term, subject to the examination of all persons interested; One and any person interested, may file written exceptions to said account, or any item thereof: and immediately after the close of each term of the court of common pleas within this State, it shall be the duty of the clerk of such court forthwith to give filing of accounts notice by advertisement in some newspaper, if any there be in to be given by such county, and if not, by advertisement set up on the door of the court house of such county, of the several executors, administrators or guardians, who may have filed their accounts for settlement: the costs of which notice shall be equally charged to such executors, administrators or guardians, and allowed in their final settlement.

Notice of the

clerk, and how

Sec. 21. That when exceptions shall have been filed to any Account, with account current, or any item thereof, the court may, if they exceptions, may deem it expedient or necessary, refer such account with the exceptions thereto, to a special commissioner, according to the usages of courts of chancery.

be referred to

special commis. stoner

Court may re

nation of an ex

ecutor or admin

ment

Sec. 22. That the court issuing letters testamentary, or appointing any administrator, may, for good cause shown in the ceive the resig opinion of the court, receive the resignation of such executor or administrator, and proceed to appoint an administrator with trator, and make the will annexed, or an administrator de bonis non, as the case further appoint may be: Provided. The bond given by the executor or administrator making such resignation, shall not be thereby cancelled; but shall remain in full force and virtue in relation to all acts done, or liabilities incurred, by such executor or administrator, previous to such resignation, and as a security for faithfully paving over, and delivering up to the person or persons entitled thereto, all money, papers and property belonging to the estate of the deceased, and in the hands of such executor or administrator at the time of such resignation.

minstrator may be removed

Sec. 23. That if any executor or administrator shall neglect or refuse to comply with the duties enjoined on him by Executer or ad this act, or shall waste the estate of the testator, or intestate, it shall be lawful for the court granting letters of administration, testamentary, or certificate of probate, upon complaint made by any person interested, to remove such executor or administrator, upon good cause shown, and proceed to appoint

others in the manner pointed out by this act, as near as the nature of the case will admit.

etc.,

may make com

Sec. 24. That when the security, in any bond given by an The securities of administrator. or executor, shall discover or believe that such executors, executor or administrator is wasting or mismanaging the es- plaint, and of tate, whereby the said security may become liable to loss or in indemnity damage, the court, upon application of such security in writing, etc. and good cause shown, shall order every such exccutor or administrator to render an account of his administration of the estite, or executing the will, to said court, and to give a separate security to his or her surety, indemnifying such surety from all loss or damages by reason of the bond of administration, or bond given by such executor; and on neglect or refu sal of such executor or administrator to give such bond of indemnity, the said court may revoke the letters testamentary, or letters of administration, and grant others, as if no such letters had been issued.

Executor or ad

ing resigned,

tor

hay.

Sec. 25. That when any executor shall resign or be removed, and an administrator, with the will annexed, appointed, ministrator re and when any administrator shall resign or be removed, and moved or another appointed in his stead, under the provisions of this act, may be sued by such new appointed administrator shall be authorized imme- new administra diately to commence an action on the case, against such prior executor or administrator, and hold him to bail; and in such action to recover the amount of moneys, assets, rents, issues and pronts received by such removed executor or administrator, and not applied according to law, as well as all damadone or committed by such executor or administrator, in respect to the estate in his or her hands.

ges

assets, and when

Sec. 26. That if a testator or intestate, shall die after the first day of March, all the emblements of his lands, which When embleshall be severed before the thirty-first day of December follow-ments shall be ing, shall be assets in the hands of the executor or administra- not tor; but all such emblements growing on the lands on said first day of March, or at the time of the death of the testator or intestate, if that event happen after the thirty-first day of December, and before the first day of March, shall pass with the lands to the heirs, devisee, reversioner or remainder-man, subject, nevertheless, to the debts of the testator or intestate, in case the estate should be insolvent.

ministrator not

Sec. 27. That hereafter no executor or executors, administrator or administrators, shall be made liable for more than the amount of assets which have come, or which may come into Executor or au his, her or their hands to be administered, on account of having liable beyond the failed to plead or make defence, or on account of any plea or amount of assets pleas which he, she or they, may hereafter plead to any suit or action whatever, which may hereafter be brought or prosecuted against him, her or them, or either of them; but the judgment of the court in all such cases which shall be de bonis testatoris, shall only render such executor or executors, administrator or

Widow's portion of personal estate

Sourt may di

rect executor or

administrators, liable for the amount of the assets in his, her or their hands, unadministered.

Sec. 28. That when the deceased shall not have left any legitimate child, heir of his body, the widow shall be entitled to the whole residue of the personal property, after the debts, funeral charges and other incidental expenses shall have been paid: that when he shall have left such legitimate child, heir as aforesaid, the widow shall be entitled to the one half of such residue, if such residue do not exceed four hundred dollars; and if it exceeds that sum, she shall be entitled to the half of the first four hundred dollars, and one third part of all the remainder; which shall be paid to her by the administrator, in a reasonable time after the amount of such residue is ascertained.

Sec. 29. That if, on return made to the court, it shall appear to their satisfaction, that after deducting the amount of administrator to property set off to the widow and children, or to the children sell real estate of said deceased, as provided for in the third and fourth secfor the payment tions of this act, the expenses of the last sickness, the funeral

when necessary

of debts

Dower therein to be assigned

charges and the costs of administration, there is not personal property sufficient to pay all the demands against said estate, they shall direct the executor or administrator to sell so much of the real estate, situate in any county or counties within this State, as shall be sufficient to discharge all such demands, after the money arising on the sales of personal property has been applied thereto; and if it shall appear to the court that said estate will be insolvent, they shall direct the executor or administrator to sell the whole of the real estate of such testator or intestate, after assigning to the widow, if any, her dower therein, including the remainder after such estate of dower shall have been determined, and shall direct the executor or adminis trator to pay over the proceeds of said estate in the following manner; that is to say: the funeral expenses, those of the last Order of paying sickness of the testator or intestate, the costs of administration, ou the proceeds together with the amount set off to the widow and children, or to the children of the decedent, for one year's support, shall be first paid; secondly, mortgages, and all judgments rendered against said testator or intestate, according to their respective priorities of lien, so far as the same operated as a lien on the estate of the decedent, at the time of his or her death, the amount of which shall be determined by the court, with reference to the proceeds in the hands of such executor or administrator, or arising from the sale of the lands, bound by such mortgages or judgments; after which it shall be the duty of the executor or administrator to distribute the residue of the assets, if any, among the remaining creditors of said deceased, in proportion to the amount of their claims against said estate; the dividend or amount to be paid on the dollar, to be determined by the court.

of an insolvent

Late

Sec. 30. That in case the estate is insolvent, the executor