Page:United States Statutes at Large Volume 31.djvu/1284

 1232 F1FtrY-six*rH CONGRESS. sms. 11. cH. 854. 1901. C°“‘P°‘°°°>' °‘ °x‘ Sec. 261. COMPETENCY or Exmomvons, AND so ro1rr11.——No letters ecm0rS'€m` testamentary or of administration shall be granted to a person convicted of an infamous offense, or to an idiot or lunatic, or person non compos mentis, or one under ejighteen years of age, or to an alien; and all questions as to the disquali cation on any of said grounds of any person c?i§1%1g(j;o be entigleld tql letter;) testamentagy or 0; adpiinis- ` tration s a e etermine y the pro ate court, a ter suc no ice to the said persons as the court may direct.. m§“€” ‘°S**’““’“‘ Sec. 262. Lmrmns TESTAMENTARY.—Wh6H any will or codicil respecting either real or personal property shall have been authenticated and admitted to probate, letters testamentary thereon shall be issued to the executor named therein, if he is legally competent and will gggigivggéxecumr qpceptitlée trust: };i"O’2)?:d6d,t That the shall fir? gxeplpte a bqnd to th; ·United States, wit securi y to e approve 1 y e cour, in suc penalty as the court may require, with a condition that he will administer according to law and to the will of the testator all his goods, chattels, rights, and credits, and the proceeds of all his real estate that may be sold? for the payment of his debts or legacies which shall at any time come to the possession of the executor or to the fpossession of any other person for im, and in all other respects faith ully perform the ·°***` · trusts reposed in him: Andprovidedfurt er, That said executor shall take aijld subscribp azgd (fjle an plath that he wijl well gndliiruly administer the estate o the ecease accor ing to aw an wi give a just account of his administration when thereto lawfully called: Provided, 5gg;1j,*§m*i°¤S ¤°‘ i¤· That the above conditions as to bond and oath shall not apply to corporations authorized to act as executors. q£’El*,g*§h;§¤;¤;g;u,j,°; Sec. 263. BoN1>, WHEN NOT Rr1QU1nE1>.—Whenever a testator shall, pe mxevea from giv- by last will and testament, request that his executor be not required Ll§§,‘§‘fg; O; to give bond for the performance of his duty, in such case the bond “"q“’§°d °iatl“ €’i"°““” $*111 b° E3 S`1°}3f"F1F“il‘£'t2‘S (iii §‘§"5£B"E§§' oonsi er su c1en o secure e ay en e s - _{;D<>;¤g>gben&,ty_ mtorzdgroogffeg,  ghatpthe jgienazgév of sépclil bopd illrall trjlot excee ou e e va ue 0 e ersona es e; an w en ess an is sum it niayilbe incregtsed, or an Sdditjlonal bondhmayil be brpqpired, whenever it s a be ma gto appear to the court t at the n as given is insufficient to secure the payment of the debts of the testator: And éjgggegjlggfiyi es-  fuwgzer, yghat gv enlqvcg any cliqeditzor, distriputcele, or letgzlteq ’entite tota eun ert ew` s a ma ei a ear o ecour a any executor who has given such bond only asxig herein provided for is wasting the assets o the estate, or that the assets are in danger of being lost, wasted, or misappropriated, then the said executor may be removed or required to give additional bond with security in a penalty sufficient to secure the interests of all the creditors, distributees, and. legatees entitled to take said estate, and on his failure to give bond as required his letters may be revoked; and_ upon such revocation the_ sarge resrtrlts shall ensue as hereinafter pI‘OV1d6d in SBOCIOD two hundred an ~nine -six. Bond ¤f exscuwr Sec. 26};. EXECUTOR RESIDUARY LEGATEE.·—If the executor is the 2§’§fL}?,T°”i°““"’°‘“` residuariy legatee of tqefpplrsonalhespate of tjlie testator, or provided the resi uar le atee o u age s a noti y is consent to the court, he may, instreadgof the bond prescribed as aforesaid, give bond with security approved by the court, and in a penalty prescribed by the court, conditioned to pay all the debts and just c aims against the testator, and all damages which shall be recovered against him as executor, and all legacies bequeathed by the will, in whic case he shall not be required to file any inventory or render any account. And if such bond be given by the executor, he shall be answerable for the full amount of all debts, claims, and damages that may be recovered against him as executor as if he were sued in his own right, and any legatee may recover the full amount of his legacy in a suit on the