Page:United States Statutes at Large Volume 31.djvu/507

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. -455 Sec. Sec. 788. New administrator may maintain. 794. When administration of partnership action against former one. prolperty devolves upon the gen- 789. Power of the-court over an admin- era administrator. istrator.795. Dut of surviving partner toward 790. When deceased a member of a co- _ administrator. partnership. ‘ 796. How last section may be enforced. 791. Partnership property may be admin- 797. Who not qualified to act as executor istered by surviving partner. \ or administrator. 792. His power and duties in such 798. Form of letters testamentary. cases. 799. Form of letters of administration. 793. Undertaking of administrator of the 800. Resignation of executor or adminpartnership. istrator. logger}. 772. Proof of a will shall be taken by the commissioner as fol- w§}¤;;;,‘,‘}Efp},’(§$g{{f°* First. When the testator, at or immediately before his death, gras] an inhabitant of the precinct, in whatever place he may have 18 ; . · Second. When the testator, not being an inhabitant of the district, shall have died in the precinct, leaving assets therein; _ Third. When the testator, not being an inhabitant of the district, shall have died out- of the district, leaving assets in the precinct; Fourth. When the testator, not being an inhabitant of the district, shall have died out of the district, not leaving assets therein, but where assets thereafter came into the Erecinct; Fifth. When real property, evised by the testator, is situated in the precinct and no other commissioner has gained jurisdiction under either of the _&receding subdivisions of this section. Sec. 773. hen awill is proven, letters te tamentary shall be issued myggmywg; to the persons therein named as executors, or to such of them as ive nexec. notice of their acceptance of the trust and are qualified. If allgthe persons therein named decline to accept or be disqualified, letters of administration, with the will annexed, shall be issued to the gerson to whiimthe administration would have been granted if there ha been no wr 1. Sec. 7 7 4. Administration of the estate of an intestate shall be granted ,,,§;’,§*,*,§f,8g,§,‘{,},°,§j by the commissioner authorized to take proof of a will as prescribedj ` in section seven hundred and sevent -two in case such intestate had made a will. Administration shall he granted, and letters thereof issued, as follows: ‘ W" ` First. To the widow or next of kin, or both, in the discretion of the court; Second. To one or more of the principal creditors; o1· Third. To any other person competent and qualified whom the court, mag select.- - no. 775. The persons named in the subdivisions of the last section, ,,Q§h,§Q“P§{,°,;j’;,$ °““‘ if qualified and competent for the trust, shall be entitled to the admin- . istration in the order therein named. If those named in subdivision one do not apply for the administration within thirty days from,the decease of the intestate, they shall be deemed to have renounced their right thereto; but the commissioner in his discretion may, if they reside within the precinct, direct that a citation issue to them, re nirin them within such period to apply for or renounce their right of ad§ninistration· and if the persons named in subdivision two o not make such ap lication within forty dayls from such decease, they shall be deemed toliave renounced their rig t to the administration also. _ · — Sec. 776. If the deceased were a married woman the administration beAé‘g’,,;',,*’,,g*,§{,*{,*h,§,€ of her estate shall in allcases be granted to her husband, if he be b¤¤d¤¤1<>¤¤· gualified and competent for the trust and apply therefor within thirty a s from her decease, unless by force of a marriaige settlement or officrwise she shall have made some testamentary isposition of her property which shal1 render it necessary and proper to grant the administration to some other person.