tration thereon, and the granting of letters of administra tion in cases of intestacy, and shall retain jurisdiction as to all subsequent proceedings in regard to the estate. Cases not noted under the preceding Sections of Chapter III. Letters of administration are but evidence of authority, and the administrator may act without them if the records of the court show his appointment. Hosey v. Brasher, 8 Port. Ala. R., 559. Letters of general adminstration granted pending a contest respecting the probate of a will, are void; and cannot be supported as a grant of administration, pendente lite. Slade v. Washburn, 3 Iredell's N. C. R., 557. Where A. B. was appointed administrator, and qualified as such, though a blank bond was signed by him and his surities, his acts were held valid until his letters were revoked. Spencer v. Cahoon, 4 Dev. N. C. R., 225. A surety on an administration bond, does not, before an accounting is had, stand in a fiduciary relation to the creditors of the intestate, and is not chargeable with any primary responsibility as to the management of the estate. And one of the sureties of an administratrix having purchased claims against the intestate at three shillings on the dollar, and there being no proof of connivance between him and the administratrix, or that the money of the estate had been used in buying the claims, the purchases were held to be valid. Halsted v. Hyman, 3 Bradford's R., 426. made. CHAPTER IV. THE INVENTORY AND COLLECTION OF THE EFFECTS OF DE- § 105. Every executor or administrator, shall make and Inventory to be return to the court, at its first term after his appointment, a true inventory and appraisement of all the estate of the deceased which shall have come to his possession or knowledge, [Form No. 61, Appendix.] See cases noted under section 107. The Surrogate can of his own motion, enforce the return of an inventory, though it is not usual to require the exhibition of an inventory or account, unless at the intervention of a party in interest; but the mere appearance of interest is sufficient. Thomson v. Thomson, 1 Bradford's R., 24. (a.) Some authorities bearing upon the general subject of this chapter, and not noted under particular sections, will be found at the end of the chapter. appointed. § 106. For the purpose of making the appraisement, the probate judge shall appoint three disinterested persons, any Appraisers to two of whom may act, and who shall be entitled to receive be appo compena reasonable compensation for their services, to be allowed sation. by the court; their compensation, as allowed, shall be in the form of a bill of items of their services, which shall be sworn to by them and filed with the inventory, and which shall not exceed five dollars per day. If any part of the estate shall be in any other county than that in which letters issued, appraisers thereof may be appointed, either by the probate judge having jurisdiction of the case, or by the probate judge of such county. [Forms No. 60, 61, Appendix.] See cases under next section. When part of ther county. the estate in ano Appraiser's Appraisement, § 107. Before proceeding to the execution of their duty, the appraisers, before any officer authorized to administer oaths, Oath. shall take and subscribe an oath, to be attached to the inventory, that they will truly, honestly and impartially, appraise the property which shall be exhibited to them, according to the best of their knowledge and ability. They how made. shall then proceed to estimate and appraise the property, and shall set down each article separately, with the value thereof in dollars and cents, in figures opposite to the articles respectively. The inventory shall contain all the estate of the deceased, real and personal, a statement of all debts, partnerships and other interests, bonds, mortgages, notes, Inventory, what and other securities for the payment of money belonging to to contain. the deceased, specifying the name of the debtor in each security, the date, the sum originally payable, the indorsenents thereon, if any, with their dates and the sum, which in the judgment of the appraiser may be collectable on each debt, interest or security. [Form No. 61, Appendix.] See cases cited at the end of the Chapter. The appraisers are officers appointed by the Surrogate, and their appraisement may be reviewed and corrected. It is not conclusive. If they make a valuation palpably erroneous, the Surrogate may direct the error to be rectified. Ames v. Downing, 1 Bradford's R., 321; Appleton v. Cameron, 2 Bradford's R., 119. So, if in taking the inventory, the property directed by statute to be set apart for minor children was not so apportioned, the error may be corrected. lb., and Clayton v. Wardell, 2 Bradford's R., p. 1. It is only the interest of a deceased partner in the surplus after the pay Shall further contain. tor to testator. ment of the partnership debts, which is assets in the hands of the administrator. It is accordingly, sufficient to note the interest of the deceased in the partnership generally, upon the inventory. Thomson v. Thomson, 1 Bradford's R., 24. See Montgomery v. Dunning, noted at the end of the chapter. Upon an accounting, the affirmative of establishing more assets than are acknowledged by the inventory and account, is with the party objecting; and it must be established with reasonable certainty, and not left to mere conjecture or suspicion. Marre v. Ginochio, 2 Bradford's R., p. 165. § 108. The inventory shall also contain an account of all moneys belonging to the deceased which shall have come to the hands of the executor or administrator, and if none shall have come to his hands, the fact shall be so stated in the inventory. [Form No. 61, Appendix.] § 109. The naming any person executor in a will, shall not operate as a discharge of any just claim which the testator had against the executor, but the claim shall be included Debt of execu- in the inventory, and the executor shall be liable for the same as for so much money in his hands at the time the debt or demand becomes due. Discharge of debt in will. Inventory. § 110. The discharge or bequest in a will of any debt or demand of the testator, against any executor named in his will, or against any other person, shall not be valid against the creditors of the deceased, but shall be construed only as a specific bequest of such debt or demand; and the amount thereof shall be included in the inventory, and shall, if necessary, be applied in the payment of his debts. If not necessary for that purpose, it shall be paid in the same manner and proportion as other specific legacies. § 111. The inventory shall be signed by the appraisers, and the executor or administrator shall take and subscribe an oath, before the probate judge or the clerk of the court, that the inventory contains a true statement of all the estate Must be verified, of the deceased which has come to his knowledge and possession, and particularly of all money belonging to the deceased, and of all just claims of the deceased against the executor or administrator. The oath shall be indorsed upon or annexed to the inventory. If inventory not returned, etc. [Form No. 61, Appendix.] § 112. If any executor or administrator shall neglect or refuse to return the inventory within the time prescribed, or within such further time, not exceeding two months, as the court shall for reasonable cause allow, the court shall revoke the letters testamentary or of administration, and the executor or administrator shall be liable on his bond for any injury sustained by the estate by his neglect. [Forms No. 62, 63, Appendix.] Further inven § 113. Whenever property not mentioned in any inventory that shall have been made, shall come to the possession or tory. knowledge of an executor or administrator, he shall cause the same to be appraised in the manner prescribed in this chapter, and an inventory to be returned within two months after the discovery thereof; and the making of such inventory may be enforced after notice, by attachment or removal from office. See sections 105 and 107, supra. Executor, etc., sion of property. § 114. The executor or administrator, shall have a right to the possession of all the real as well as personal estate of the deceased, and may receive the rents and profits of the to have possesreal estate, until the estate shall be settled, or until delivered over by order of the probate court to the heirs or devisees, and shall keep in good tenantable repair, all houses, buildings, and fences thereon, which are under his control. Compare Sec. 194 and cases noted. If personal es tate insufficient $ 115. The personal estate of the deceased which shall come into the hands of the executor or administrator, shall be first chargeable with the payment of the debts and expenses; and if the goods, chattels, rights and credits in the hands of the executor or administrator, shall not be suffi- to cient to pay the debts of deceased and the expenses of administration, and the allowances to the family of the deceased, the whole of the real estate may be sold for that purpose, by the executor or administrator, in the manner prescribed by this act. See post chapter VII., in regard to sales of property by executors, etc. pay debts. § 116. If any person, before the granting of letters testamentary or of administration, shall embezzle or alienate any Action by exof the moneys, goods, chattels, or effects, of any deceased person, he shall stand chargeable and be liable to the action etc. of the executor or administrator of the estate, for double ecutor for pro perty embezzled, Citations to per having converted etc. the value of the property so embezzled or alienated, to be recovered for the benefit of the estate. § 117. If any executor or administrator, heir, legatee, creditor, or other person interested in the estate of any deson charged with ceased person, shall complain to the probate judge, on oath, property of dec'd that any person is suspected to have concealed, embezzled, conveyed away, or disposed of, any moneys, goods, or chattels of the deceased; or that he has in his possession or knowledge, any deeds or conveyances, bonds, contracts, or other writings, which contain evidences of, or tend to disclose the right, title, interest or claim of the deceased, to any real or personal estate; or any claim or demand, or any Person cited last will of the deceased, the said judge may cite such person to appear before the probate court, and may examine him on oath, upon the matter of such complaint. If such person be not in the county where letters have been granted, he Where cited may be cited and examined either before the probate court and examined. of the county where he may be found, or before the court Expenses allow. issuing the order or citation. But, if in the latter case he appear and be found innocent, his necessary expenses shall be allowed him out of the estate. may be examined on oath. ed if innocent. Obedience, how enforced. executor, etc. with property of estate. [Form No. 64, Appendix.] In reference to the power of the probate court to compel the production of papers, property, etc., see section 63 of the Judicial Act, at page 17, ante. § 118. If the person so cited, refuse to appear and submit to such examination, or to answer such interrogatories as may be put to him, touching the matter of such complaint, the court may, by warrant for that purpose, commit him to the county jail, there to remain in close custody until he shall submit to the order of the court; and all such interrogatories and answers shall be in writing, and shall be signed by the party examined and filed in the probate court. [Forms No. 65, 66, Appendix.] cite § 119. The probate judge, upon the complaint on oath, of Citation to per- any executor or administrator, may any person who son entrusted by shall have been intrusted by such executor or administrator with any part of the estate of the deceased person, to appear before such court, and may require such person to render a full account on oath, of any moneys, goods, chattels, bonds, accounts, or other papers belonging to the estate which shall have come to his possession in trust for the ex |