Page:United States Statutes at Large Volume 31.djvu/1285

 F1FTY-sixTH CONGRESS. sms. 11. GH. ssa. 1901. 1233 executo1·’s bond or in equity, and the giving of the bond shall be considered an assent to the legacy: Pro/vided, That the surety or sureties _{;;‘,§§‘{§;, of summ in saidf bond shall not be liable for a greater amount than the penalty thereo. · . Sec. 265. J OINT ExEGUToR.—When two or more persons are ap- Joimcxecuwr. , pointed executors, the court may take a separate bond with security fromqlheach of them or a joint bond with security from all of them to e er. ‘ §EC. 266. LETTERS or ADMINISTRATION GUM TEsTAMENTo ANNEXO.-—— t Iietwrs Of ¤¤¤>i¤;¤i¤- lf there be only one executor named in the will, and he shall have uizxiiiilsiiggoies R. been present at the probate of the will, and shall not within twent days thereafter file a bond and qualify as executor by taking the oath aforesaid, letters of administration with the will annexed may be granted as if no executor had been named. - Sec. 267. ABSENT EXECU'.l`OR.—If said executor shall not have been Absm °X°°“*°’- present at the probate of the will, but shall be within the District, a summons may be issued to him, either at the instance of any person interested or ex officio by the register of wills, requiring him to appear and file his bond as required by law within twenty days after service of saidsummons; and if he be not found in said District, notice shall be given to him by publication to appear within thirty days after the first publication of said notice, and on his failure to appear and give his bond and qualify by taking the prescribed oath, as aforesaid, administration may be granted as if no executor had been named in the will. SEc. 268. SUMMoNs TO EACH or SEVERAL EXEGU'1`0RS.—1f there be S€§‘g,i'g§,§c‘,§g“S$h °* more than one executor named in a will, there may be the same proceeding with respect to each of them as if he were the sole executor, and any circumstances under which letters of administration may be granted on failure of a sole-named executor shall authorize the granting of letters testamentary to one or more of the executors on failure of one or more of the others; and any, circumstances under which letters of administration may be granted on failure of a sole-named executor shall authorize the granting of such letters of administration on failure of all the executors named to appear and qualify as aforesaid. _ _ Sec. 269. RENU'NCIATION.—If any executor named in awill shall Ele R°“““°”‘“°“· · or transmit to the robate court an attested renunciation of his executorship, there shall) be the same proceeding with respect to granting letters testamentary or of administration as 1f the party so renouncing had not been named in the will. Sec. 270. EXECUTOR DISQUALIFIED.——·If any person named as execu— ,,mX°°“*°’ diS°1¤¤“· tor be disqualified from serving, letters testamentary or of administra- ` tion may be granted as if he had not been named as executor. Sec. 271. No POWER TO ACT WITHOUT LETTERS.-——Iu case letters No power to act testamentary shall be granted to one or more of the executors named in w“h°m1mm‘ a will on failure of the rest, no executor not named in said letters shall in any manner interfere with the administration; and if"letters of administration with the will annexed shall be granted, no executor named in the will shall in any manner interfere with the administration; and no executor named in a will shall, before letters testamentary are ranted to him, have an)? power to dispose of any part of the estate of the deceased or to interfere therewith, further than is necessary to collect and preserve the same. Sec. 272. Foam.-—The following shall be the form of letters testa- F°*m°fk>¤<=¢¤· mentary to be issued under the seal of the probate term of the supreme court of the District of Columbia: District of Columbia, to wit: The United States of America. To all pe1sons to whom these presents shall come, greeting: Know ye that the last will and testament of -- - -, of -- .. , deceased, hath, in due form of law, been exhibited, proved, and recorded in the office of the register of wills of the District of Columvon xxx1——78`