Page:United States Statutes at Large Volume 31.djvu/1289

 FIFTY-SIXTH CONGRESS. Sess. 11. oe. SS4. 1901. 1237 ever, That if there be a residuary legatee named in such will, he shall _¥’°'s°“S P'°f"’"°"· be preferred to all, except a widow. And the condition of the bond ;};,Q,‘}§,B‘;f‘d °““" 0* of the administrator so appointed and the oath to be taken by him and his duties and liabilities shall be the same if he had been appointed executor in the will and had received letters testatmentary. Sec. 299. LETTERS DE Eoms Non.-If an executor or administrator L¤*m¤d<*'>¤¤i¤¤<>¤1 shall die before the administration of the estate is completed, letters of administration de bonis non or de bonis non cum testamento annexo, as the case may require, shall be granted, in the discretion of the court, givin preference, however, to the lperson who would be entitled in the ordergiereinbefore given, if he shal actually apply for the same; and the form of the letters shall be the same as in the case of an origi- ·-f<>¤¤- nal administration, except that it shall be confined to the property of the deceased not alreadxy administered, and the authority shall be to administer all property herein described as assets and not distributed and delivered or retained by the executor or former administrators, under the court’s direction. Sec. 300. ExEoUToR OF ExEOUToR.—ln no case shall the executor w§x<=¤¤t¤f Of €><<¢¤¤· of an executor, as such, be entitled to administration de bonis non on ' the estate of the first deceased. ‘ _ Sec. 301. ORDERS AGAINST REPRESENTATWE GE DEGEASED.-——On ,,§,§$§,f§v“;,g“"g§‘ '§{; the application of an administrator de bonis non the court may order ceasedthe executor or the administrator of a deceased executor or administrator to deliver over to him all the personal property that was in the hands of the said deceased executor or administrator, as such, and also all the money, bonds, notes, accounts, and evidences of debt which the said deceased executor or administrator may have taken, received, and had at the time of his death, including the proceeds of sale of either personal or real estate made by said deceased executor or administrator, which shall be deemed unadministered assets. . _ Sec. 302. On the failure of said executor or administrator to comply ;§“jl‘;§`,$1§§,“,gQ*,§§§§‘,; with said order by a day named, the court may enforce its order by c¤m1>1s··· attachment against such executor or administrator, and may direct the bond of the deceased executor or administrator, or that of the executor or administrator so failing, or both, to be put in suit for the use of the administrator de bonis non. Sec. 303. The executor or administrator of the deceased executor §)Q$gg’gm°i lm °* or administrator shall return, on oath,'to the court, on or before the' day named as aforesaid, a list of the bonds, notes, accounts, and money aforesaid, and shall be entitled to retain out of the money such commission as the court shall allow, not exceeding ten per centum on the principal inventory, and the personal estate and money turned over by him shall be assets in the hands of the administrator de bonis non, to be accounted for by him as such. SEo. 304. LETTERS AD ooLL1c;E111ig¤¤- be. ranted to one or more persons in case of a contest in relation to a um` wili or the absence of the executor from the District, or his delay in qflialifying, or for other sufficient cause, and the form of such letters s all be as follows: To all persons to whom these presents shall come, greeting: Know ye that, whereas - - -. , of .. - -, deceased, had, as -f<>¤¤· is said, at his decease, personal property within the District of Colum bia, administration whereof can not immediately be (granted, but which, if speedy care be not taken, may be lost, destroye, or diminished, to the end that the same may be preserved for those who may appear to have a legal right or interest therein, we do hereby request and authorize - .  - -, of  - .. - , to secure and collect said property, wheresoever the same may be, in said District, whether the same be goods, chattels, debts, or credits, and to make a true inventory