Page:United States Statutes at Large Volume 31.djvu/508

 456 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. ec§{‘°‘§°;Q°§igg,$§,§§; Sec. 777. No executor or administrator is authorized to act as such tmwr. until he shall. iile with the commissioner havin jurisdiction of the estate an undertaking in a sum not less than double the probable value of the estate, with one or more sufficient sureties, to be approved by the commissioner, to be void upon condition that such executor or administrator shall faithfully perform the duties of his trust according q to law: Provided, When by the terms of his will a testator sha expressly declare that no bonds shall be required of his executor, such ex_ecutor may act upon taking an oath to fa1thfull(yfuliill trust without _filing the undertaking ur this section mentione : Promded further, Such executor shall be crimmalldy and c1v1lly liable as other executors l and administrators are for any ereliction of duty: _ juguiglggggvg gugg SEo._ 778._ Whenever the penal sum mentioned in the undertaking ms. prescribed in the preceding section exceeds two thousand dollars, three or more sureties may become severally liable for portions of the sums if the aggregate sum for which such sureties became liable shall equal · the pena sum required in the undertakinlgi mgiggsrfggigtgutgrgd Sec. 779. If a person be named in a w_' as executor who is a non- ‘resident of the district or a minor, upon the removal. of such disability he_ is entitled to qualify as such executor, ·1fY.llB apply therefoi within thirty days from the removal of such d1S&b1llq, if otherwise competent. If in the meantime an administrator wit the will annexed as been appointed, his_powers and duties cease with_ the qualification of suck eizecuttiqr; gutbi another executor has quahiied and is acting as suc they ere y ecome joint executors. . · tcswcisl ¤<1mi¤i¤m- Sec. 780. When for anty reason there shall be a delay in issuing r' letters testamentary or o administration, and the property of the deceased is in danger of being lost, injured, or-depreciated, the commissioner maly appoint a special administrator to take charge of the estate, who shal qualify in ike manner and have the powers and perform the duties of an administratorgenerally, except t at he is not authorized to pay the debts of or otherwise discharge any obligations against the deceaslqd. Upon qhteh issuing pxetters testamentary or of administration the wers o e speciaministrator cease. m§,_g°*°*°¤ *° Sm? Sec. 781. Ffan appllication to prove a will or for the ?lpointment ‘of an executor or a inistrator the petition shall set fo the facts necessary to give the court jurisdiction, and also state whether the deripgsed legt it will or not, and the names, age, and residence, so far as own, ‘o is eirs. Wim will f¤¤¤d Sec. 782. If, after administration has been granted upon an estate, °§il°¤i¤é¢ifmim°tmu°° a_ will of the deceased be found and proven, the letters_of administration shall be revoked and letters testamentary or of adm1n1stration with the will annexed shall be issued; and if, after a will has been proven and letters testamentary or of administration with the will annexed. have been i sued thereon, such will should be set aside, declared void or inopezaltive, such letters shall be revoked and letters of administration issu. . . Ng$)i;a{¤¤?)¥¤;g{1;E1{g; Sec. 783. Any heir, legatee devisee, creditor, or other person interor aamimmmi-. ested in the estate may apply for the removal of an executor or admin- _ istrator who has become of unsound mind or been convicted of any felongr ora misdemeanor involving moral turpitude, or who has in any way een unfa1thful to or neglectful of his trust,_  the probable loss of the applicant., Such application shall be by petition an upon notice to the exescliiitor lqr admixéistrator, and if thlp court find the charge to the true it sh ma e an or er removing suc executor or 'mstra r . and revoke his letters. w1‘5¤g:¤¤i¤¤¤¤I¢I¢t¤;_a¤¢t])1;_ Sec. 784. If an executor or an administrator become a nonresident may be removed. of the district he may be removed and his letters revoked 1D the manner prescribed in the last section, except that the notice may be g1V6D»