paper printed in the county where their principal place of business is situated; and if no such paper be there printed, then in a newspaper in the territory nearest thereto; and in case such publication be not so made, the partnership shall be deemed general.

Renewal.

2778. SEC. 6. Upon every renewal or continuation of a limited partnership beyond the time originally agreed upon for its duration, a certificate thereof shall be made, acknowledged, recorded and published, in like manner as is provided in this Act for the original formation of limited partnerships, and every such partnership which shall not be renewed in conformity with the provisions of this section, shall be deemed a general partnership.

General and Special Partners.

2779. SEC. 7. The business of the partnership shall be conducted under a firm in which the names of the general partners only shall be inserted, and the general partners only shall transact the business. If the name of any special partner shall be used in said firm with his consent or privity, or if he shall personally make any contract respecting the concerns of the partnership with any person except the general partner, he shall be deemed and treated as a general partner.

Capital Stock.

2780. SEC. 8. During the continuance of any partnership, under the provisions of this Act, no part of the capital stock thereof shall be withdrawn, nor any division of interests or profits be made so as to reduce such capital stock below the sum stated in the certificate before mentioned. If at any time during the continuance or at the termination of the partnership, the property or assets shall not be sufficient to pay the partnership debts, the special partners shall severally be held responsible for all sums by them in any way received, withdrawn, or divided, with interest thereon from the time when they were so withdrawn respectively.

Assignment.

2781. SEC. 9. No general assignment by said partnership, in case of insolv ency, or where their goods and estate are insufficient for the payment of all their debts, shall be valid unless it provide for a distribution of the partnership property among all the creditors in proportion to the amount of their several claims.

Publication of Assignment.

2782. SEC. 10. In case of such assignment, as provided for in the preceding section, the assent of the creditors shall be presumed, unless, within sixty days after notice thereof, they shall dissent; and no such assignment shall be valid unless notice thereof shall be given in some newspaper printed in the county where the place of business of the party making it is situated; or if no newspaper be printed in such county, then in some newspaper printed in the territory nearest thereto, within fourteen days after the making such assignment.

Suits.

2783. SEC. 11. All suits respecting the business of such partnerships shall be prosecuted by and against the general partners only, except in those cases in which provision is made in this Act that the special partners shall be deemed general partners, and that special partnerships shall be deemed general partnerships, in which cases all the partners deemed general partners may join or be joined in such suits; and excepting, also, those cases where special partners shall be held severally responsible on account of any sums by them received or withdrawn from the common stock, as before provided.

Dissolution of Partnerships.

2784. SEC. 12. No dissolution of a limited partnership shall take place

except by operation of law, before the time specified in the certificate before mentioned, unless a notice of such dissolution shall be recorded in the Recorder's office in which the original certificate, or the certificate of renewal or continuation of the partnership was recorded, and unless such notice shall also be published for three successive weeks in some newspaper printed in the county where the certificates of the formation of such partnerships were published, according to the provisions of this Act; and if no newspaper shall, at the time of such dissolution, be printed in such county, then the notice of such dissolution shall be published in some newspaper in this territory nearest thereto.

Liability and Rights of Partners.

2785. SEC. 13. In all cases not otherwise provided for in this Act, the members of limited partnerships shall be subject to all the liabilities and entitled to all the rights of general partners.

ESTATES OF DECEASED PERSONS.

An Act to regulate the settlement of the estates of deceased persons.
Approved March 23, 1897, 119.

District Court to Have Exclusive Jurisdiction.

2786. SECTION 1. Wills may be proved and letters testamentary or of administration granted in the county of which deceased was a resident at the time of death, whether death occurred in such county or elsewhere, and the district court of such county shall have exclusive jurisdiction of the settlement of such estates, whether such estate is in one or more counties. The estate of a non-resident decedent may be settled by the district court of any county wherein any part of such estate may be. The district court to which application shall first be made shall have exclusive jurisdiction of the settlement of such estates.

Wills Delivered to Court.

2787. SEC. 2. Any person having any will in his possession shall within ten days after knowledge of the death of the person who executed such will deliver it into the district court that has jurisdiction of the case, or to the person named in such will to execute it.

Person Named as Executor.

2788. SEC. 3. Any person named as executor or executrix in any will shall within fifteen days after the death of the testator or testatrix, or within fifteen days after knowledge of such naming, present the will, if in possession of it, to the district court.

Renunciation of Trust-Petition.

2789. SEC. 4. Any person so named may decline the trust by filing a renunciation in writing. If such person intends to accept the trust, there shall be presented a petition for the probating of such will, setting forth in such petition the facts necessary to give the court jurisdiction, and, when the same are known, the names, ages and residence of the heirs and devisees of the deceased, also the character and probable value of the estate and praying that the will be admitted to probate, and that letters testamentary be issued thereon to the party entitled thereto. If the jurisdictional facts existed, but are not fully set forth in the petition and the same shall be afterwards proved in the course of the administration, the probate of the will and the subsequent proceedings shall not on account of such want of jurisdictional averments be held void.

Liability for Neglect.

2790. SEC. 5. Every person who shall neglect to perform any of the duties

required in the preceding sections, without reasonable cause, shall be liable to every person interested in the will for the damages such interested person may sustain by reason of such neglect.

Petition for Probate.

2791. SEC. 6. Any person named in a will to execute it, though not in possession of such will, may present a petition to the district court having jurisdiction, praying that the person in possession of the will may be required to produce it, that it may be admitted to probate, and that letters testamentary be issued.

By Interested Person.

2792. SEC. 7. Any person having an interest in a will may, in like manner, present a petition, praying that it may be required to be produced and admitted to probate.

Production of Will.

2793. SEC. 8. If it be alleged in any petition that any will of a deceased person is in the possession of a third person, and the court shall be satisfied that the allegation is correct, an order shall be issued and served upon the person having possession of the will, requiring such person to produce it at a time to be named in the order.

Penalty for Refusal.

2794. SEC. 9. Any person having the possession of a will and neglects or refuses to produce it in obedience to such order, such person may, by warrant from the court, be committed to the jail of the county, and be kept in close confinement until such person produces the will.

Petition Signed and Filed.

2795. SEC. 10. All petitions for the probate of a will, and for the issuance of letters, shall be signed by the party petitioning, or the attorney for such petitioners, and filed with the Clerk of the Court who shall publish a notice in some newspaper, if there is one printed in the county, if not, then by posting such notice in three public places in the county, stating in such notice the filing of such petition, the object, and designating a time for proving such will, which shall not be less than ten nor more than twenty days.

Powers of Judge.

2796. SEC. 11. The Judge may make all necessary orders to enforce the production of any will at chambers.

Citation to Heirs.

2797. SEC. 12. If the heirs of the deceased reside in the county, the party petitioning for the probate of a will shall obtain from the Clerk a citation and cause it to be served upon such heirs, requiring them to appear and contest the probate of the will at the time appointed by the Clerk, if they so desire. Such citation shall be served at least three days before the time so appointed.

To Persons Named in Will.

2798. SEC. 13. If a petition for probate is presented by any person other than the one named in the will to execute it, or if it is presented by one of several of such persons named in the will, citation shall in like manner issue and be served upon such not joining in the petition, if resident within the county.

Subpenas.

2799. SEC. 14. The Clerk shall also issue subpenas to the subscribing witnesses to a will, if they reside in the county.

Hearing of Proof.

2800. SEC. 15. At the time appointed, or at any other time to which the hearing may be continued, upon proof being made by affidavit or otherwise, to the satisfaction of the court, that notice has been given as required by the pre

ceding sections, the court shall proceed to hear the testimony in proof of the will. All witnesses who appear and are sworn shall testify orally.

Who May Contest.

2801. SEC. 16. Any person interested may appear and contest the probate of a will. If it appears that they are minors or other persons who are interested in the estate, but reside out of the county, and are unrepresented, the court shall appoint some attorney to represent them.

One Witness Sufficient.

2802. SEC. 17. If no person shall appear to contest the probate of a will, the court may admit it to probate on the testimony of one of the subscribing witnesses only, if such testimony shall show, that the will was executed in all par ticulars, as required by law, and that the testator or testatrix was of sound mind at the time of its execution.

Contest and Proceedings.

2803. SEC. 18. If any person appears to contest the probate of a will, such person shall file a statement in writing, setting out the grounds of contest, and file the same with the Clerk, which shall constitute a joinder of such issues of fact as may be alleged in opposition to the will, such as respects the competency of the deceased to make a last will and testament, or respecting the execution by the deceased of such last will and testament, under restraint, or undue influence, or fraudulent representations, or for any other cause affecting the validity of such will. And any and all issues of fact shall be tried as issues of facts are tried in other cases in the district court.

Witnesses Examined.

2804. SEC. 19. When the probate of a will is contested all the subscribing witnesses who are present in the county, and who are of sound mind, must be produced and examined, and the death, absence or insanity of any of them shall be satisfactorily shown to the court.

Certificates of Proof Recorded.

2805. SEC. 20. If the court shall be satisfied upon the proof taken when heard by the court, or by the verdict of a jury, in case a jury trial is had, that the will was duly executed by a person at the time of sound and disposing mind, and not under restraint, undue influence or fraudulent representation, the court, by decree in writing, shall admit the will to probate, whereupon the will and the decree admitting it to probate shall be recorded together by the Clerk in a book to be provided for that purpose.

Evidence.

2806. SEC. 21. A copy of the record of the will and decree admitting it to probate, exemplified by the Clerk in whose custody it may be, shall be received in evidence and be as effectual in all cases as the original would be if proved.

Foreign Wills Valid, When.

2807. SEC. 22. All wills which shall have been duly proved and allowed in any other of the United States, or any territory thereof, or in any foreign country or state, may be admitted to probate by the district court of any county in which the deceased shall have left any estate; provided, it has been executed in conformity with the laws of the place where made.

Probate of Copy.

2808. SEC. 23. When a copy of a will, as mentioned in the preceding sections, and the probate thereof, duly authenticated, shall be filed in the Clerk's office, with a petition for letters, notice shall be given for the hearing thereof, and such proceedings shall be had as in case of an original will for probate, and with like force and effect.

Lost Will, How Proven.

2809. SEC. 24. Whenever any will shall be lost by accident, or destroyed by fraud, the district court shall have power to take proof of the execution and validity of such will, and to establish the same, notice to all persons interested having been first given, as prescribed in regard to proofs of wills in other cases.

What to Be Proved.

2810. SEC. 25. No will shall be allowed to be proved as a lost or destroyed will unless the same shall be proved to have been in existence at the time of the death of the person whose will it is claimed to be, or be shown to have been fraudulently destroyed in the lifetime of such person, nor unless its provisions shall be clearly and distinctly proved by at least two credible witnesses.

Pending Proof.

2811. SEC. 26. If before or during the pendency of an application to prove a lost or destroyed will letters of administration shall have been granted upon the estate of the deceased, or letters testamentary of any previous will of such deceased, the court shall have authority to restrain such administration if necessary to protect the interests of legatees or devisees claiming under the lost or destroyed will.

Letters to Be Issued, When.

2812. SEC. 27. When any will shall have been admitted to probate the district court shall direct letters thereon to issue to the person or persons named in the will to execute the same, who may be competent to discharge the trust, and who shall appear and qualify.

Executors, Who Competent.

2813. SEC. 28. No person shall be deemed competent to serve as executor or executrix who at the time the will is probated shall be: First-Under the age of majority; or, second, who shall have been convicted of an infamous crime; or, third, who, upon proof, shall be adjudged by the court incompetent to execute the duties of the trust by reason of drunkenness, improvidence or want of understanding. If any such person be named as the sole executor or executrix in any will, or if all persons so named are incompetent, or shall renounce the trust, or fail to appear and qualify, letters of administration with the will annexed shall

issue.

Objections to Executors.

2814. SEC. 29. Any person interested in a will may file objections in writing to the granting of letters testamentary to the persons named as executors or executrixes, or any of them, and such objections shall be heard and determined. by the court. A petition may also be filed for the issuance of letters of administration, with the will annexed, in all proper cases.

Authority Revoked.

2815. SEC. 30. When an unmarried woman who shall have been appointed executrix shall marry, her marriage shall extinguish her authority. When a married woman is nominated as executrix she may be appointed and serve, in all respects, as if she were a femme sole.

Executor of Executor.

2816. SEC. 31. No executor of an executor shall as such be authorized to administer on the estate of the first testator, but on the death of the sole or surviving executor or executrix of any last will, letters of administration, with the will annexed of the estate of the first testator or testatrix left unadministered, shall be issued.

Letters to Minors.

2817. SEC. 32. When any person under the age of twenty-one years shall be named executor, or under the age of eighteen years executrix, letters of adminis