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"gal preference to the same, the vourity vou, v 1.g., “11”.---
137 and 138, Act of 1872.
Administrators to col-
lect — when ap-
Requiring other se-
Compensation — when
Sale to pay debts—
Depositions to be
To order sale of real
such decedent, until probate of his will, or until other administration
Page 18, line 6, section 1, the words “red top” should not appear.
LAWS OF THE STATE OF ILLINOIS.
AI)MINISTRATION OF ESTATES.
# 1. Amends sections 11, 32, 59, 90, 112 § 130. Sale to pay debts— and 130 and adds sections 136, coerced. 137 and 138, Act of 1872. § 136. Depositions to be
§ 11. Administrators to col- taken.
\\ \ot to amend an Act entitled. “An Act in regard to the administrason of estates,” approved April 1, 1872, in force July 1, 1873, as quonded, by amending sections 11, 32, 59, 90, 112 and 1.30 thereof, and by adding thereto three sections, to be known as sections 1.30, 1.37 and 138. SECTION 1. Be it enacted by the People of the State of Illinois, "presented in the General Assembly: An Act entitled: “An Act in oard to the administration of estates”, approved April 1, 1872, in * July 1, 1872, as amended, is amended, by amending sections 11. * 50, 00, 112 and 130 thereof, and by adding thereto three sections, to * known as sections 136, 137 and 138, the amended and added sections to read as follows: § 11. During any contest in relation to the probate of any will, "stament, or codicil, before the same is recorded, or until a will which *y have once existed, but is destroyed or concealed, is established, and he substance thereof committed to record, with proof thereupon taken, or during any contest in regard to the right of executorship, or to *minister the estate of any person dying either testate or intestate, or Whenever any other contingency happens which is productive of great "lay before letters testamentary or of administration can be issued upon to estate of such testator or intestate, to the person or persons having "gal preference to the same, the County Court may appoint any person "r persons as administrators, to collect and preserve the estate of any *h decedent, until probate of his will, or until other administration of his estate is granted, taking bond and security for the collection, preservation and administration 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 admitted and qualified as such. Such administrator to collect shall have such powers and authority as is vested by law in an executor or administrator, provided the same be exercised under and subject to the direction and order of the court, first obtained. § 32. When any court grants letters testamentary or of administration, of the estate of any person deceased, without taking good security as aforesaid, or when any security heretofore or hereafter taken becomes in the judgment of the court insufficient, the court may, on the application of any person entitled to distribution, or otherwise interested in such estate, or on its own motion require such executor or administrator to give other and sufficient security; and in default thereof the letters testamentary or of administration, shall be revoked, and administration de bonis non granted; but all acts done according to law by the executor or administrator so removed prior to such revocation, shall be valid. $ 59. Every appraiser appointed under this Act shall be entitled to the sum of $2.00 per day for each day’s necessary attendance in making all such appraisements, or such additional fees, compensation and charges as the court may deem reasonable and just, to be allowed by the County Court, and paid upon its order by the executor or administrator. 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 funeral expenses and other necessary expenses incurred, such administrator or executor shall report the facts to the court, and if the court finds the report to be true it 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 and funeral expenses. 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 the 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 administrators 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. § 90. Upon the committal of waste by the surviving partner or partners, or when, in the judgment of the court, it is to the best interest of the estate of said decedent, the court may, upon proper application, under oath, setting forth specifically the facts and circumstances relied on, protect the estate of the deceased partner, by citing forthwith the surviving partner or partners to give security for the faithful settlement of the affairs of the co-partnership, and for his accounting for and paying over to the executor or administrator of the deceased whatever shall be found to be due, after paying partnership debts and costs of settlement, within such time as shall be fixed by the court. The giving of such security may be enforced by attachment, or, upon refusal to give such security, the court may appoint a receiver of the partnership property and effects with like powers and duties of receivers in courts of chancery; the costs and expenses of proceedings under this section to be paid by the executor or administrator, out of the estate of the deceased, or by the surviving partner, or partly by each, as the court may order. § 112. All executors and administrators shall exhibit accounts of their administration for settlement, to the County Court from which the letters testamentary or of administration were obtained, at the first term thereof, after the expiration of one year after the date of their letters, and in like manner every twelve months thereafter, or sooner, if required by the court, until the duties of their administration are fully completed: Provided, that no final settlement shall be made and approved by the court, unless the heirs at law of the decedent and the legatees under the will, and the creditors, if any, of the decedent, whose bequests or allowed claims have not been satisfied, have been notified thereof, in such manner as the court may direct. § 130. Whenever real estate is required to be sold, for the payment of debts and costs and expenses of administration, or for the purpose of satisfying a legacy which is a charge upon such real estate, the court may make all necessary orders to coerce the executor or administrator to make immediate application for an order to sell such real estate. § 136. Depositions of witnesses in all proceedings under this Act shall be taken in the same manner, as near as may be, as is now or may hereafter be provided by law for the taking of the depositions of such witnesses in suits at law or in chancery. § 137. Where it appears that a legacy provided by the will of a *dent is a charge express or implied upon the real estate of decedent, and there is not sufficient personal estate of said decedent out of which so legacy can properly be satisfied, or such legacy is not otherwise oil, satisfied or lapsed, then the County or Probate Court of the county where letters testamentary or of administration with the will annexed *issued, may upon the filing of a petition therefor by the executor or "ministrator, order the sale of real estate upon which such legacy is a o, or so much of said real estate as may be necessary to satisfy sh legacy, together with the costs and expenses of such proceeding. ho mode of commencing such proceedings shall be by the filing of a "ition by the executor or administrator with the will annexed, in the "only or Probate Court of the county where letters testamentary or of