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payment of necessary funeral charges, and the taking care of the estate; 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 Waste or mig- to the person authorized to receive the same: Provided, application. that this section shall not be construed to exempt any per

son claiming to be executor as aforesaid, for any waste or

misapplication of such estate. Failure to act. $ 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 otherwise disqualified, letters testamentary shall be granted thereon to the other person or persons so named, not renouncing as

aforesaid, and not disqualified. Executor to 8 6. Every executor or administrator with the will antake oath.

nexed, shall at the time of proving the will and granting

tters testamentary, or of administration, take and scribe the following oath, to-wit:

I do solemnly swear (or affirm) that this writing contains the true last will Oath.

and testament of the within named A B, deceased, so far as I know or beliere; 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 me God. Clerk to ad- Which said oath shall be administered by the clerk of the minister.

county court, and be attached to and form a part of the pro

bate of said will. To give bond. $ 7. All executors hereafter 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, in a sum double the value of the estate, and payable to the People of the State of Illinois, for the use of the parties interested, in the following

form, to-wit : Form of bond. 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 State of Illinois, in the penal sum of .... dollars, current money of the United 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 by these presents. Witness our hands and seals, this. ... day of ...., A. D. 18..

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 shall 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 for said county of ...., as required by law; and also make and render a fair and just account of his actings and doings as such executor,

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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 persons 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 Filed in office executor (or administrator) and his securities, and filed in of county clerk. the office of the clerk of the county court and spread upon the records.

$ 8. When any testator leaves visible estate more than Security. sufficient to pay all his debts, and by will shall direct that bis executors shall not be obliged to give security, in that case no security shall be required, unless the county court sball 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 se. carity, and the same shall be given before or after letters testamentary are granted, notwithstanding any directions to the contrary in the will.

8 9. Whenever, by the division of any county, or the Removal of
removal of the executor or administrator to whom letters
have been granted, he is by such removal or division be-
yond 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 bad occurred.

§ 10. All letters testamentary, to be hereafter issued to
executors under this act, shall be in the following form, mentary.
to-wit:
STATE OF ILLINOIS,
COUNTY,

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The People of the State of Ninois, to all to whom these presents shall come-

GREETING :
Know ye that whereas, A B, late of the county of ...., and state of Illinois,
died on or about .... day of . A. D. 18.., as it is said, after having duly
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, rights
and credits, which were of said A B, at the time of his decease, in whosesoever
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 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 the said county of and
the seal of said court, this .... day of ...., A. D. 18..
(L. S.)

E F, Clerk.

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Letters testa

88

ADMINISTRATORS TO COLLEOT.

Contest to pro- $ 11. During any contest in relation to the probate of bate of will.

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 pre

serve the estate of any such decedent, until probate of his Administrators will, or until administration of his estate is granted, taking to collect.

bond and security for the collection of the estate, making an inventory thereof, and safe keeping and delivering up the same when thereunto required by the court, to the proper executor or administrator, whenever they shall be ad.

mitted and qualified as such. Letters to be $ 12. The form of the letters to be granted to the person granted.

or persons so appointed to collect and preserve the estate
of the decedent, as aforesaid, shall be as follows, viz:
The People of the State of Illinois, to all to whom these presents shall come-

GREETING:
Know ye, that whereas A B, late of the county of ...., and state of Illinois,
deceased, as it is said, had at his or her) decease, personal property within
this state, the administration whereof cannot be immediately granted to the
persons by law entitled thereto, but which, if speedy care be not taken, may be
lost, destroyed or diminished; to the end, therefore, that the same may be pre-
served for those who shall appear to have a legal right or interest therein, we
do hereby request and authorize C D, (and EĚ, if two shall be appointed,) of
the county of ...., and state aforesaid, to collect and secure the said property,
wheresover the same may be, in this state, whether it be goods, chattels, debts
or credits, and to make, or cause to be made, a true and perfect inventory
thereof, and to exhibit the same, with all convenient speed, to the county
court of the said county of ...., together with a reasonable account of his
collection, acts and doings in the premises aforesaid.

Witness: E F, clerk of the county court in and for said county of...., and the seal of said court, this .... day of ...., 18.. [L. s.]

E F, Olerk. $ 13. Before letters of administration to collect shall be curity.

granted as aforesaid, the person or persons so appointed shall give bond, with good and sufficient security, to be approved by the court, in the following form, to-wit:

Know all men by these presents, that we, C D E F and J K, of the county of ...., and state of Illinois, are held and firmly bound unto the People of the State of Illinois, in the penal sum of .... dollars, current money of the United States, for the payment of which, well and truly' to be made and performed, we bind ourselves, our heirs, executors and administrators, jointly, severally and firmly by these presents.

Witness our hands and seals, this .... day of ...., 18..

Bond and se

Form of bond.

The condition of the above obligation is such that if the above bounden CD shall well and honestly discharge the duties appertaining to his appointment as administrator, to collect of the estate of A B, late of the county of ...., deceased; shall make, or cause to be made, a true and perfect inventory of all such goods, chattels, debts and credits of the said deceased, as shall come to his or her possession or knowledge, and the same in due time return to the county court of the proper county; and shall also deliver to the person or persons authorized by the said county court, as executors or administrators, to receive the same, all such goods, chattels and personal estate as shall come to his or her possession, as aforesaid, and shall, in the general, perform such other duties as shall be required of him (or them) by law, then the above obligation to be void : otherwise to remain in full force and virtue.

Which said bond shall be signed and sealed by suchi ad- Bond fled. ministrator and his securities, and filed with the clerk of the county court and spread upon the recorda. $ 14. Before any administrator to collect shall enter upon to Aame oldstras

Administrator the duties of his appointment, he shall take and subscribe the following oath or affirmation, before the clerk of the county court, to-wit:

I do solemnly swear (or affirm) that I will well and honestly discharge the Oath. trust reposed in me as administrator, to collect the estate of A B, deceased, according to the tenor and effect of the letters granted to me by the county court of the said county of ...., to the best of my knowledge and ability: 80 help me God.

Which said oath shall be in writing, subscribed by the party making it, and filed in the office of the clerk of the county court before whom the same is taken.

$ 15. Every collector so appointed shall have the power Power to collect to collect the goods, chattels and debts of the said deceased, according to the tenor of the said letters, and to secure the same at such reasonable and necessary expense as shall be allowed by the court; and the said court may authorize him, immediately after the inventory and appraisement of sach estate, to sell such as are perishable or may depreciate by delay, and to account for the same; and for the whole trouble incurred by such collector, the court may allow such commission on the amount of the said personal estate as Commission. shall be actually collected and delivered to the proper executor or administrator, as aforesaid, as said court may deem just and reasonable: Provided, the same shall not exceed six per cent. on the amount stated.in such inventory or bill of appraisement.

$ 16. Every such collector may commence suits for debts Suite for debts. due to the decedent, and release the same on payment thereof; and no such suit shall abate by the revocation of bis letters, but the same may be prosecuted to a final decision, in the name of and by the executor or administrator to whom letters testamentary or of administration may be granted.

$ 17. On the granting of letters testamentary or of ad- Powers to cease. ministration, the power of any such collector, so appointed, shall cease, and it shall be his duty to deliver, on demand, all property and money of the deceased which shall have come to his hands or possession, (saving such commission

as may be allowed by the court, as aforesaid,) to the person or persons obtaining such letters; and in case any such collector shall refuse or neglect to deliver over snch property or money to his successor, when legal demand is made therefor, such person so neglecting or refusing shall be liable

to pay twenty per cent. over and above the amount of all Forfelt claim such property or money as comes to his hands by virtue of to .

his administration, and is not paid or delivered over as aforesaid, and shall forfeit all claim to any commission for collecting and preserving the estate—which said twenty per cent., together with all damages which may be sustained by reason of the breach of any bond which may at any time be given by any such collector, may be sued for and recovered by the person or persons to whom letters testamentary or of administration may be granted, for the use of the estate of such decedent.

GRANTING LETTERS OF ADMINISTRATION.

Letters of administration.

$ 18. Administration shall be granted to the husband upon the goods and chattels of his wife, and to the widow or next of kin to the intestate, or some of them, if they will

accept the same and are not disqualified; but in all cases Widow to have the widow shall have the preference; and if no widow or preference.

other relative of the intestate applies within sixty days from the death of the intestate, the county court may grant administration to any creditor who shall apply for the same. If no creditor applies within fifteen days next after the lapse of sixty days, as aforesaid, administration may be granted to any person whom the county court may think will best manage the estate. In all cases where the intestate is a non-resident, or without a widow, next of kin or creditors in this state, but leaves property within the state, administration shall be granted to the public administrators of the proper county: Provided, that no administration shall in any case be granted until satisfactory proof be made before the county court, to whom application for that purpose is made, that the person in whose estate letters of administration are requested is dead, and died intestate: And, provided, further, that no non-resident of this state shall be

appointed administrator, or allowed to act as such. Evidence of re- § 19. Letters of administration upon the goods and linquishment of prior right. chattels, rights and credits of a person dying intestate, shall

not be granted to any person not entitled to the same, as husband, widow, next of kin, creditor or public administrator, within seventy-five days after the death of the intestate, without satisfactory evidence that the persons baving the preference have relinquished their prior right thereto; but if application is made after the expiration of seventy-five days, the county court may proceed to grant letters to the applicant or any other person, as he may think fit.

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