each county in this State, and as often as any vacancies may occur, a suitable person to be known as public administrator of such county, who shall hold his office for the term of four years from the first Monday of December, eighteen hundred and eightyone, or until his successor is appointed and qualified; and the public administrators, in office at the time of the first appointment under the provisions of this section, shail, immediately upon the qualification of the persons appointed under the provisions hereof, turn over all moneys, books and papers, appertaining to their offices respectively, to the person so appointed; and such public administrators so appointed 'shall proceed to settle up all unsettled estates in accordance with law. [As amended by an act approved May 30, 1881; in force July 1, 1881; L. 1881, p. 3. Bell v. People, 94 Ill. 230. 45. Oath. 45. Every person appointed as a public administrator shall, before entering upon the duties of his office, take and subscribe and file in the office of the clerk of the county court, the following oath, to wit:

I do solemnly swear (or affirm, as the case may be), that I will support the constitution of the United States and the constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of public administrator of county, according to the best of my ability

[R. S. 1845. P. 548, $ 59.

46. When he shall administer. § 46. Whenever any person dies seized or possessed of any real estate within this State, or, having any right or interest therein, has no relative or creditor within this State who will administer upon such deceased person's estate, it shall be the duty of the county court, upon application of any person interested therein, to commit the administration of such estate to the public administrator of the proper county.

[R. S. 1845, p. 548, § 58. See 50; Bowles v. Rouse, 3 Gilm. 421; Wight v. Wallbaum, 39 Ill. 563; Schnell v. City of Chicago, 38 III. 388; Langworthy v. Baker, 23 Ill. 484. 47. Bond- neglect — removal. 47. It shall be the duty of the county court to require of a public administrator, before entering upon the duties of his office, to enter into a bond, payable to the people of the State of Illinois, in a sum of not less than five thousand dollars, with two or more securities, approved by the court, and conditioned that he will faithfully discharge all of the duties of his office, and the court may, from time to time, as occasion shall require, demand additional security of such adininistrator, and may require him to give the usual bond required of administrators in other cases, touching any particular estate in his charge; and in default of giving such bond within sixty days after receiving his commission, or in default of giving additional security within sixty days after being duly ordered by [*113] said court so to do, his office shall be deemed vacant, and, upon certificate of the county judge of such fact, the governor shall fill the vacancy aforesaid. [" Official Bonds," ch. 103, 884, 13; R. S. 1845, P. 548, § 60. As amended by act approved May 30, 1881; in force July 1, 1881; L. 1881, p. 3.

48. Where there is a widow, etc.-letters revoked. 48. Whenever administration is granted to any public administrator, and it shall afterward appear that there is a widow or next of kin, or creditor of the deceased, entitled to the preference of administration by this act, it shall be the duty of the county court to revoke the letters granted to such public administrator, and to grant the same to such widow, next of kin or creditor, as is entitled thereto; Provided, application is made by such person, within six months after letters were granted to the public administrator; saving to such administrator, in all cases, all such sums of money on account of commissions or expenses as are due to, or incurred by him, in the management of said estate. [R. S. 1845, p. 548, 61.

49. Disposition of unclaimed estate. $49. If any balance of any such intestate estate as may, at any time, be committed to any public administrator, shall remain in the hands of such administrator, after all just debts and charges against such estate, which have come to the knowledge of such public administrator within two years after the administration of such estate was committed to him, are fully paid, such

administrator shall cause the amount thereof, with the name of the intestate, the time and place of his decease, to be published in some newspaper published in his county, or if no newspaper is published in his county, then in the nearest newspaper published in this State, for eight weeks successively, notifying all persons having claims or demands against such estate to exhibit the same, together with the evidence in support thereof, before the county court of the proper county, within six months after the date of such notice, or that the same will be forever barred; and if no such claim is presented for payment or distribution within the said time of six months, such balance shall be paid into the treasury of said county; and the county shall be answerable for the same, without interest, to such persons as shall thereafter appear to be legally entitled, on order of the county court, to the same, if any such shall ever appear. [R. S. 1845, p. 548, § 62.

50. When public administrator to protect estate. $50. Upon the death of any person intestate, not leaving a widow, or next of kin, or creditor, within this State, the public administrator of the county wherein such person may have died, or when the decedent is a non-resident, the public administrator of the county wherein the goods and chattels, rights and credits of such decedent shall be, may take such measures as he may deem proper to protect and secure the effects of such intestate from waste or embezzlement, until administration thereon is granted to the person entitled thereto - the expenses whereof shall be paid to such public administrator, upon the allowance of the county court, in preference to all other demands against such estate, funeral expenses excepted. [R. S. 1845, p. 549, § 63. See § 46.

INVENTORIES AND APPRAISEMENT.

51. Inventory. $51. Whenever letters testamentary, of administration, or of collection are granted, the executor or administrator shall make out a full and perfect inventory of all such real and personal estate, or the proceeds thereof, as are committed to his superintendence and management, and as shall come to his hands, possession or knowledge, describing the quantity, situation and title of the real estate, and particularly specifying the nature and amount of all annuities, rents, goods, chattels, rights and credits and money on hand, and whether the credits are good, doubtful or desperate; which said inventory shall be returned to the office of clerk of the county court, within three months from the date of the letters testamentary or of administration.

[See 122; R. S. 1845, P. 554. § 81; Miller v. Miller, 82 Ill. 468; People v. Hunter, 89 Ill. 392; Guy v. Gericks, 85 Ill. 428;

52. Supplementary inventory. § 51. If, after making the first inventory, any real or personal estate of the deceased comes to his possession or knowledge, he shall file a similar additional inventory thereof. [R. S. 1845, p. 555, § 86 and 88.

53. Warrant of appraisal-form-death, etc. § 53. On granting letters testamentary, or of administration, a warrant shall issue, under the seal of the county court, authorizing three [*114] persons of discretion, not related to the deceased nor interested in the

administration, to the estate, to appraise the goods, chattels and personal estate of the deceased, known to them or to be shown by the executor or administrator; which warrant shall be in the following form, to wit: The People of the State of Illinois, to A. B., C D. and E. F., of the county of and State of Illinois-GREETING:

This is to authorize you, jointly, to appraise the goods, chattels and personal estate of J. K., late of the county of and State of Illinois, deceased, so far as the same shall come to your sight and knowledge, each of you having first taken the oath (or affirmation) hereto annexed, a certificate whereof you are to return, annexed to an appraisement bill of said goods, chattels and personal estate by you appraised, in dollars and cents; and in the said bill of appraisement you are to set down, in a column or columns, opposite to each article appraised, the value thereof. Witness, A. B., clerk of the county court of court, this

[L. S.]

day of

18.

county, and the seal of said

A. B., Clerk.

And on the death, refusal to act, or neglect of any such appraiser, another may be appointed in his place. [R. S. 1845, p. 554, § 82.

54. Oath-appraisal. § 54. The appraisers, before they proceed to the appraisement of the estate, shall take and subscribe the following oath (or affirmation), to be annexed or indorsed on the said warrant, before any person authorized to administer an oath, viz.:

We, and each of us, do solemnly swear (or affirm) that we will well and truly, without partiality or prejudice, value and appraise the goods, chattels and personal estate of J. K., deceased, so far as the same shall come to our sight and knowledge; and that we will, in all respects, perform our duties as appraisers to the best of our skill and judgment.

After which, the said appraisers shall proceed, as soon as conveniently may be, to the discharge of their duty, and shall set down each article, with the value thereof in dollars and cents, as aforesaid. All the valuations shall be set down on the right hand side of the paper, in one or more columns, in figures, opposite to the respective articles of property, and the contents of each column shall be cast up and set at the foot of the respective columns. [R. S. 1845, p. 544, 83.

55. Return of appraisal. $55. When the bill of appraisement is completed, the appraisers shall certify the same under their hands and seals and shall deliver the same into the hands of the executor or administrator, to be by him returned into the office of the clerk of the county court, within three months from the date of his letters. [R. S. 1845, p. 554, $ 84.

56. Inventories, etc., evidence. § 56. Inventories and bills of appraisement [and authenticated copies thereof, may be given in evidence in any suit by or against the executor or administrator, but shall not be conclusive for or against him, if any other testimony be given that the estate was really worth, or was bona fide sold for more or less than the appraised value thereof. [R. S. 1845, p. 555. § 85.

57. Further appraisal. 57. Whenever personal property of any kind, or assets, shall come to the possession or knowledge of any executor or administrator, which are not included in the first bill of appraisement as aforesaid, the same shall be appraised, and return thereof made to the office of the clerk of the county court in like manner within three months after discovery of the same. [R. S. 1845, p. 555, § 86.

58. Liabilities of executors, etc. § 58. Executors and administrators shall be chargeable with so much of the estate of the decedent, personal or real, as they, after due and proper diligence, might or shall receive.

[R. S. 1845, P. 556, § 92; Hungate v. Reynolds, 72 Ill. 425; Whitney v. Peddicord, 63 Ill. 249; Rowan v. Kirkpatrick, 14 Ill. 13; Christy v. McBride, 1 Scam. 78; Wingate v. Pool, 25 Ill. 121; Wells v. Miller, 45 Ill. 383. See § 114, post; People v. Hunter, 89 Ill. 392.

59. Compensation. § 59. Every appraiser appointed under this act shall be entitled to the sum of $2 per day for each day's necessary attendance in making all such appraisements, to be allowed by the county court, and paid upon its order by the executor or administrator. [R. S. 1845. P. 555, $87.

When assets do not exceed widow's allowance -new assets. If the administrator or executor of an estate discovers, at any time after an inventory and appraisement of the property is made, that the personal property and assets of the estate do not exceed the

amount of the widow's allowance, after deducting the necessary [* 115]

expenses incurred, such administrator or executor shall report the facts to the court, and if the court finds the report to be true, he shall order said property and assets to be delivered to the widow by the administrator or executor, and discharge the executor or administrator from further duty; but such executor or administrator shall first pay out of the property and assets the costs and expenses of administration. After the court orders the delivery of such property and assets to the widow, the clerk of said court shall make and deliver to her a certified copy of the order, under seal, which shall vest her with complete title to said property and assets, and enable her to sue for and recover the same in her own name and for her own use. Such widow shall not be liable for any of decedent's debts or liabilities, excepting the funeral expenses of the deceased. If, upon affidavit being filed with the clerk of said court, that such administrator or executor fails or refuses to report in any case provided for in this section, the court may order a citation and attachment to issue as in other cases of a failure of adminis

trators to report. And on a discovery of new assets, administration may be granted as in other cases, and charged to the account of the estate. [See $$ 74, 75.

CLAIMS AGAINST ESTATES.

60. Notice-adjustment. $60. Every administrator or executor shall fix upon a term of the court within six months from the time of his being qualified as such administrator or executor, for the adjustment of all claims against such decedent, and shall publish a notice thereof for three successive weeks in some public newspaper published in the county, or if no newspaper is published in the county, then in the nearest newspaper in this State, and also by putting up a written or printed notice on the door of the court-house, and in five other of the most public places in the county, notifying and requesting all persons having claims against such estate to attend at said term of court, for the purpose of having the same adjusted (the first publication of said notice to be given at least six weeks previous to said term), when and where such claimant shall pro

duce his claim in writing; and if no objection is made to said claim, by the executor, administrator, widow, heirs, or others interested in said estate, and the claimant swears that such claim is just and unpaid, after allowing all just credits, the court may allow such claim without further evidence, but if objection is made to such claim the same shall not be allowed without other sufficient evidence. The court may allow either party further time to produce evidence in his favor, and the case shall be tried and determined as other suits at law. Either party may demand a jury of either six or twelve men to try the issue, and it shall be the duty of the county clerk, when a jury is demanded, to issue a venire to the sheriff of the county to summon a jury, to be composed of the number demanded.

[As amended by act approved May 21, 1877. In force July 1, 1877. See § 122; R. S. 1845, P. 556, 895; L. 1859, P. 95, § 12; L. 1877, p. 1, § 60; Smith v. McLaughlin, 77 Ill. 596; West v. Krebaum, 88 Ill. 263: Rosenthal v. Magee, 41 Ill. 370; Wells v. Miller, 45 Ill. 382; O'Connor v. O'Connor, 52 Ill. 316; Sutherland v. Harrison, 86 Ill. 363.

61. Claims afterward presented - process.

$61. Whoever has a claim against an estate, and fails to present the same for adjustment at the term of court selected by the executor or administrator, may file a copy thereof with the clerk of the court; whereupon, unless the executor or administrator will waive the issuing of process, the clerk shall issue a summons, directed to the sheriff of the county, requiring such executor or administrator to appear and defend such claim at a term of the court therein specified, which summons, when served, shall be sufficient notice to the executor or administrator of the presentation of such claim.

[See § 128; L. 1859. P. 93, § 3; West v. Krebaum, 88 Ill. 263.

62. Service — continuance. 62. If the summons is not served ten days before the first day of the term to which it is returnable, the cause shall be continued until the next term of the court, unless the parties shall, by consent, proceed to trial at the return term. [L. 1859, p. 93, $3.

63. Trial costs. § 63. Upon the trial of such cause the same proceedings may be had as if the claim had been presented at the time fixed for the adjustment of claims against the estate, but the estate shall not be answerable for the cost of such proceeding; Provided, that [*116 when defense is made the court may, if it shall deem just, order the whole or some part of the costs occasioned by such defense, to be paid out of the estate.

[L. 1859, p. 93, § 4; Russell v. Hubbard, 59 Ill. 335.

64. Oath of claimant may be required. 64. The court may, in its discretion in any case, before giving judgment against any executor or administrator, require the claimant to make oath that such claim is just and unpaid; Provided, that the amount of such judgment shall not in such case be increased upon the testimony of the claimant. [R. S. 1845, p. 561, § 119; West v. Krebaum, 88 Ill. 263.

65. Evidence. $ 65. A judgment regularly obtained, or a copy thereof duly certified and filed with the court, shall be taken as duly proven; and all instruments in writing, signed by the testator or intestate,