Page:United States Statutes at Large Volume 47 Part 1.djvu/1053

 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . 1029 SEC. 698. WHO INCOMPETENT AS EXECIITOR.-NO person is competent Persons incompetent to serve as executor who, at the time the will is admitted to pro- as executor. bate, is 1. Under the age of majority ; 2. Convicted of an infamous crime ; 3 . Adjudged by the court incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want of under- standing or integrity. SEC. 699. WH EN NO EXECUTOR IS NAMED IN WILL .-If no executor namednetno executor is named in the will, or if the sole executor or all the executors therein named are dea d, or incompetent, o r renounce, or fail to apply for letters, or to ap pear and qualify, le tters of administrat ion with To proceed as in in- the will annexed must be issued as designated and provided for in testacy . granting of letters in case of intestacy. objections by inter- int ere ste d 700. INT ER EST ED PARTIES MAY FILE OBJECTIONS .-Any person Objections pa rties. interested in the es tate or wi ll may fil e objectio ns in writ ing to gra nt- ing letters testimentary to the persons named as executors or any of them, and the objections must be heard and determined by the court ; a petition may, at the same time, be filed for letters of adminis- tration with the will annexed. SEC. 701. MARRIED WOMAN MAY BE FxvCUTRIx .-A married woman Married woman as may be appointed an executrix. The authority of an executrix, who executrix . was unmarried when appointed, is not extinguished nor affected by her marriage. SEC. 702. EXECUTOR OF AN FxvcuTOR.-No executor of an executor Executor of an ex- shall, as such, be authorized to administer on the estate of the first ecutor . testator, but on the death of the sole or surviving executor of any last will, letters of administration with the will annexed, of the estate of the first testator, left unadministered, must be issued. SEC. 703. LETTERS OF ADMINISTRATION WHERE MIN OR EXECUTOR .- Letters of adm ini s- tration. Where a person absent from the Canal Zone, or a minor, is named Granting of, wh en executor-if there is another executor who accepts the trust and ms`s•n names minor, or absent from Zone. quali fies -the lat ter m ay h ave lett ers testa ment ary and admi niste r the estate until the return of the absentee or the majority of the minor, who may then be admitted as joint executor. If there is no other exe cuto r, l etter s of adm inis trat ion, with the wil l an nexed , must be granted ; but the court may, in its discretion, revoke them on the return of the absent executor or the arrival of the minor at the age of majority. SEC. 704. ACT S OFA PORTION OF EXECUTORS vALID.-When all the portion of of acts _ executors. • executors named are not appointed by the court, those appointed have the same authority to perform all acts and discharge the trust, required by the will, as effectually for every purpose as if all were appointed and should act together ; where there are two executors or administrators, the act of one alone shall be effectual, if the other is absent from the Canal Zone, or laboring under any legal disability from serving, or if he has given his co-executor or co-administrator authority, in writing, to act for both ; and where there are more than two executors or administrators, the act of a majority is valid. SEC. 705. AUT HORITY OF ADMINISTRATORS WITH WILL ANNEXED ori i Authority of admin. LETTERS, How IssuED .-Administrators with the will annexed have the same authority over the estates which executors named in the will would have, and their acts are as effectual for all purposes. Th eir letters must be signed by the clerk of the court, and bear the seal the reof. FORM OF LETTERS Form of letters. SEC. 706. FORM OF LETTERS TESTAMENTARY .-Letters testamentary L ttera teatamen. must be substantially in the following form
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