Page:United States Statutes at Large Volume 31.djvu/1287

 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. 1235 Sec. 285. A feme sole shall be .preferred to a married woman in equal degree. Sec. 286. Relations on the part of the father shall be preferred to those on the art of the mother, in equal degree. Sec. 287. E any person described in the fore oing sections should ;g}§§§‘§,*;§fV$,f‘°° °f be incompetent. to serve, then administration shall be granted as if Such person we1;e.;130t living. Sec. 288. If there be no relations, or those entitled decline or refuse crg£g{¤i:g¤¤¤¤ bY to appear and apply for administration, on proper summons or notice, ’ ` administration may be granted to the largest creditor applying for the same; and if creditors neglect to apply, it may be granted at the discretion of the court. _ _ Sec. 289. NOTICE or A1>1>L1oAr1oN.——Upon any application for letters ,,(§f“°° ·°‘ “P¥"‘°°’ of administration, such notice thereof shall be given, by publication or otherwise, as the rules of the court may require; but it shall not be necessary to notify any collateral relatives more remote than brothers and sisters of the intestate. P Sec. 290. Wim. raovan AMER LETTERS enANcrE1>.——If administration lex}; gyafgggl ***8* be granted, and a will disposing of the estate of the deceased shall ` afterwards be proved, according to law, and letters testamentary shall have issued thereon, the same shall be considered a revocation of the letters of administration. But all acts done by the administrator according to law, before any actual or implied revocation of his letters, shall be valid and effectual, and the executor obtaining letters shall be authorized to prosecute any actions at law or in equity commenced by the administrator and obtain judgment in his own name, and likewise to defend any suit commenced against the administrator; and said executor shall have the benefit of all judgments obtained by the administrator and be bound by all judgments obtained against him to the extent of assets received by said executor, unless said judgments were obtained by fraud. And it shall be the duty of said administrator to account for and deliver to the executor without delay all goods, chattels, and personal estate and proceeds of any realt sold in his possession, belonging to the deceased, in default of which his bond may be put in suit by the executor or administrator cum testamento annexo. _ _ _ _ Sec. 291. Dncnmme ADMINISTRATION.-113 any erson entitled to mi)§§if}“”g “dm““S` administrationshall, in writing, decline the same, thecourt shall proceed as if such person were not entitled._ Sec. 292. RESIGNATION.··—1f any person, after having accepted the u,§§s§·'§“*i°“°f“X€°‘ office of executor or administrator, shall desire to retire from and i resign the same, he may file his petition to that effect, accompanied by . a full and particular account, under oath, of his receipts and disbursements, if any, and the court shall thereupon direct such notice as it may think proper to be given of said application, and, if no cause be shown to the contrary, may release and discharge him from his office and pass such order as to costs and commissions and impose such terms _ in other respects as the nature of the case may require: Provided, 1?rmi'"i°` That such executor or administrator shall not, by said discharge, be Eilaébiifilasfggfs, IS released from any liability for past acts, defaults, or omissions of duty. f Sec. 293. FoRM.—The form of letters of administration shall be as F°m‘ o ows: District of Columbia, to wit: The United States of America. To all persons to whom these present shall come, greeting: Know ye that administration of the goods, chattels, and credits of .., late of - - , deceased, is hereby granted and committed unto--,of   · Witness (A B) the chief justice of the supreme court of the District of Columbia. Test: C D, Registerof Wills.