Page:United States Statutes at Large Volume 31.djvu/505

 FIFTY-SIXTH CONGRESS. Sess. I. _Ch. 786. 1900. 453 Fourth. To direct the paymentof debts and legacies, and the distribution of the estates of intestates; Fifth. To order the sale and disposal of the real and personal property of deceased persons; Sixth. To order the renting, sale, or other disposal of the real and personal Lprocperty of minors; Seven. 0 take the care and custody of the person and estate of a lunatic O1' habitual drunkard, and to appoint and remove guardians ` therefor; to direct and control the conduct of such guardians, and to settle their accounts; Eighth. To direct the admeasuremeut of dower. Sec. 7 64. There are no particular pleadings or forms thereof in pro- 1~‘¤¤¤¤ <>f1>1¤¤di¤s¤- ceedings before commissioners when exercising the jurisdiction of probate matters; as specified in the section last preceding, other than as éirovided in this chapter. . ` Ec. 765. The mode of proceeding is in the nature of a suit in equity N¤¢¤r¢ ¤f rmvedas distinguished from an action at law. The proceedings are in writ- m' ing, aud are had upon the application of a party or the O1`d€1' of the court. The court exercises its powers by means of- First. A citation to the rty; ` Second. An affidavit or dll; verified petition or statement of a party; Third. Asubpoena to a witness; Fourth. Orders, judgments, and decrees; Fifth. An execution of warrant to enforce them. Sec. 766. The proceedings in probate matters shall be entered and B<><>k¤ sud ¥¤¤¤¤1¤· recorded in the fo lowing books: First. A register, in which shall be entered a memorandum of all official business transacted by the court or judge thereof appertaining to the estate of each person deceased under the name of such personthat pertainirzg to the guardianship of an infant under the name of gluch mfant; at pertaining to an insane person or a drunkard unde1· is name; . Second. A record of wills, in which shall be recorded all wills roven before the court or judge thereof, with the order of probate tlllereof, and of all wills proved elsewhere upon which letters of administration are issued by the direction of such court or judge; Third. A record of the appointment o a xninistrators, whether general or special, or of a partnership and of executors; Fourth. A record of the appointment of guardians of infants, insane persons, and drunkards;` Fifth. A record of accounting and distribution, in which shall be entered a summary balance sheet of the accounts of administrators, .executors, and guardians, with the orders and decrees relating to the same; a memorandum of executions issued thereon, with a note of satisfaction when satisfied; also orders and decrees relating to the sale of real propert and to the distribution of the proceeds thereof; and notices of all money or securities paid or deposited in court as proceeds of such sales or otherwise; and a statement showing the names of creditors, and the debts established and entitled to distribution, the amount to which each person is entitled out of such fund, and the amount. actually paid to each person, and when paid; · Sixth. A record of the appointment of admeasurer of dower, with all orders and decrees relating to the same, and the admeasurer’s re ort· c ` Seventh. An order book, in which shall be entered orders directing the conduct of executors, administrators, or guardians; orders for publication of notice to creditors; orders in behalf of creditors, directing debts to be paid or allowing an execution to be issued; alppointments of s ecial guardians, appraisers, and referees; 01'dGl‘S re ating to the prodluction of a will, to removal of executors, administrators, or guard-