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127.

Mistakes, etc.

Contracts of decedent.

Books of account.

94. Employing clerk, crier-time of 128. Insolvent estate.

129.

130.

Sale to pay debts coerced.
Power of county court.

131. Duties of sheriffs-fees.

93. Growing crops.

sale.

95. Bill of sales - return.

SALE OF REAL ESTATE.

132.

96. Pursuant to will-surviving execu

133.

Compensation of executors, etc.
Act construed

tor.

134.

Unclaimed money to be deposited.

97. To pay debts.

135.

How obtained after deposit.

98. Petition-parties.

AN ACT in regard to the administration of estates. [Approved April 1, 1872. In

force July 1, 1872.]

GRANTING LETTERS TESTAMENTARY, ETC.

1. Letters testamentary and of administration with will annexed. SEC. 1. Be it enacted by the People of the State of Illinois,

represented in the General Assembly, That when a will has been duly proved, and allowed, the county court shall issue letters testamentary thereon to the executor named in such will, if he is legally competent and accepts the trust, and gives bonds to discharge the same; and when there is no executor named in such will, or the executor named therein dies, refuses to act, or is otherwise disqualified, the court shall commit the administration of the estate unto the widow, surviving husband, next of kin, or creditor, the same as if the testate had died intestate. In all cases copies of the will shall go out with the letters. [R. S. 1845, p. 540, $19.

2. Duty of person named as èxecutor - penalty. § 2. It shall be the duty of any person, knowing that he is named or appointed as the executor of the last will and testament of any person deceased, within thirty days next after the decease of the testator, to cause such will to be proved and recorded in the proper county; or to present the will and declare his refusal to accept of the executorship; and every such executor neglecting to do so, without just excuse for such delay, shall forfeit the sum of $20 per month from and after the expiration of said term of thirty days, until he shall cause probate of said will to be made, or present the same as aforesaid, to be recovered by action of debt, for the use of the estate, by any person who will sue for the same in any court having jurisdiction thereof [R. S. 1845, p. 540, § 20.

3. When minor or married woman executor. §3. Persons of the age of seventeen years, of sound mind and memory, may be appointed executors; but when a person appointed executor is, at the time of proving the will, under the age of twenty-one years, or of unsound mind, or convicted of any crime rendering him infamous, administration with the will annexed may be granted during his minority or other disability, unless there is another executor who accepts the trust, in which case the estate shall be administered by such other executor until the minor arrives at full age or the other disability is removed, when, upon giving bond as in other cases, he may be admitted as joint executor with the former. When a married woman is executrix, her husband may give bond with her for her faithful performance of the trust as in other cases.

[R. S. 1845, P. 541, § 23 ; Huls v. Buntin, 47 Ill. 396.

4. Power of executor before probate-waste, etc. § 4. The power of the executor over the testator's estate, before probate of the will and obtaining letters testamentary, shall extend to the burial of the deceased, the payment of necessary funeral charges, and the [*105] taking care of the estat; but in all such cases if the will is rejected when presented for probate, and such executor thereby never qualifies, he shall not be liable as an executor of his own wrong, unless upon refusal to deliver up the estate to the person authorized to receive the same; Provided, that this section shall not be construed to exempt any person claiming to be executor as aforesaid, for any waste or misapplication of such estate. [R. S. 1845, p. 541, § 24.

5. Death, etc., of part of executors. 5. Where two or more executors are appointed in and by the same will, and one or more of them dies, refuses to take upon himself the executorship, or is other

CHAP. 3.

wise disqualified, letters testamentary shall be granted thereon to the other person or persons so named, not renouncing as aforesaid, and not disqualified [R. S. 1845, p. 541, 25.

6. Oath of executor-form. § 6. Every executor or administrator, with the will annexed, shall, at the time of proving the will and granting letters testamentary, or of administration, take and subscribe the following oath, to wit:

I do solemnly swear (or affirm) that this writing contains the true last will and testament of the within named A. B., deceased, so tar as I know or believe; and that I will well and truly execute the same by paying first the debts and then the legacies mentioned therein, as far as his goods and chattels will thereunto extend, and the law charge me; and that I will make a true and perfect inventory of all such goods and chattels, rights and credits as may come to my hands or knowledge belonging to the estate of the said deceased, and render a fair and just account of my executorship, when thereunto required by law, to the best of my knowledge and ability; so help ine God.

Which said oath shall be administered by the clerk of the county court and be attached $7. All executors hereafter to and form a part of the probate of said will. (R. S. 1845. p. 541, § 26. 7. Bond of executor - form. appointed, unless the testator shall otherwise direct in the will, and all administrators with the will annexed, shall, before entering upon their duties, enter into bond with good and sufficient security to be approved by the county court, and in counties having a probate court by the probate court, in the sum double the value of the personal estate, and payable to the people of the State of Illinois, for the use of the parties interested, in the following form, to wit:

day of

Know all men by these presents that we, A. B., C. D., and E. F., of the county of and State of Illinois, are held and firmly bound unto the people of the dollars, current money of the United State of Illinois, in the penal sum of A. D. 18 States, which payment, well and truly to be made and performed, we and each of us bind ourselves, our heirs, executors and administrators, jointly, severally and firmly Witness cur hands and seals this by these presents. The condition of the above obligation is such, that if the above bounden A. B., executor of the last will and testament of G. H., deceased (or administrator, with the will annexed of G. H., deceased, as the case may be), to make, or cause to be made, a true and perfect inventory of all and singular the goods and chattels, rights and credits, lands, tenements and hereditaments, and the rents and profits issuing out of the same, of the said deceased, which have or shail come to the hands, possession or knowledge of the said A. B., or into the possession of any other person for him, and the same so made do exhibit in the county court (or probate court) for said county of , as required by law; and also inake and render a fair and just account of his actings and doings as such executor (or administrator), to said court, when thereunto lawfully required; and do well and truly fulfill the duties enjoined on him in and by the said will; and shall, moreover, pay and deliver to the person entitled thereto, all the legacies and bequests contained in said will, so far as the estate of the said testator will thereunto extend, according to the value thereof, and as the law shall charge him; and shall, in general, do all other acts which may, from time to time, be required of him by law then this obligation to be void; otherwise to remain in full force and virtue. Which said bond shall be signed and sealed by the said executor (or administrator) and his securities, and tiled in the office of the clerk of the county court, or office of the clerk of the probate court in counties having a probate court, and spread upon the records: and that where it becomes necessary to sell the real estate of any intestate, for the payment of debts against his estate, under the provisions of this act, or in case real estate is to be sold under any provision of a will, the court shall require the executor (or administrator) to give further and additional bond, with good and sufficient security, to be approved by the court, in a sum double the value of the real estate of the decedent sought to be sold, and payable to the people of the State of Illinois, for the use of the parties interested, in the form above prescribed. [R. S. 1845, P. 541, § 278. When any testator As amended by an act approved May 30, 1881; in force July 1, 1891: L. 1881, p. 1. 8. When security not required. leaves visible estate more than sufficient to pay all his debts, and by will shall direct that his executors shall not be obliged to give security, in

50

that case no security shall be required, unless the county court shall see cause, from its own knowledge, or the suggestions of creditors and legatees, to suspect the executors of fraud, or that the personal estate will not be sufficient to discharge all the debts, in which case such court may require security, and the same shall be given before or after letters testamentary are granted, notwithstanding any directions to the contrary in the will. [R. S. 1845, p. 542, § 28. See $32, post.

of another 9. Executor, etc., becoming resident county. 9. Whenever, by the division of any county, or the removal of the executor or administrator to whom letters have been granted, he is by such removal or division beyond the limits of the county in which said letters were granted, and in some other county of this State, the county court of the county in which the letters were or are granted shall proceed and settle the estate in the same manner as if no removal or division had occurred. [R. S. 1845, P. 542, § 30.

10. Forin of letters testamentary. § 10. All letters testamentary, to be hereafter issued to executors under this act, shall [*106] be in the following form, to wit:

STATE OF ILLINOIS, }ss.:

County,

The People of the State of Illinois, to all to whom these presents shall come-GREETING: and State of Illinois, Know ye, that whereas A. B.. late of the county of day of , A. D. 18 , as it is said, after having duly died on or about made and published his last will and testament, a copy whereof is hereunto annexed, leaving at the time of his death property in this State which may be lost, destroyed or diminished in value, if speedy care be not taken of the same; and inasmuch as it appears that C D. has been appointed executor, in and by the said last will and testament, to execute the same; and to the end that the said property may be preserved for those who shall appear to have a legal right or interest therein, and that said will may be executed according to the request of the said testator, we do hereby authorize him, the said C. D., as such executor, to collect and secure all and singular the goods and chattels, rigats and credits, which were of said A. B. at the time of his decease, in whosoever hands or possession the same may be found in this State; and well and truly to perform and fulfill all such duties as may be enjoined upon him by the said will, so far as there shall be property, and the law charge him; and in general to do and the seal and perform all other acts which now are or hereafter may be required of him by law. Witness, E. F., clerk of the county court of said county of of the said court, this

L. S.]

day of

[R. S. 1845, p. 549, § 65.

, A. D. 18

ADMINISTRATORS TO COLLECT.

E. F., Clerk.

11. When appointed. § 11. During any contest in relation to the probate of any will, testament or codicil, before the same is recorded, or until a will which may have once existed, but is destroyed or concealed, is established, and the substance thereof committed to record, with proof thereupon taken, or during any contest in regard to the right of executorship, or to administer the estate of any person dying either testate or intestate, or whenever any other contingency happens which is productive of great delay before letters testamentary or of administration can be issued upon the estate of such testator or intestate, to the person or persons having legal preference to the same, the county court may appoint any person or persons as administrators, to collect and preserve the estate of any such decedent, until probate of his will, or until admin

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