Page:United States Statutes at Large Volume 47 Part 1.djvu/1067

 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . 1043 has bedn intrust ed with any part of the estate of the dec edent t9 appear before such court, and require him to render a full account, on oath, of any moneys, goods, chattels, bonds, accounts, or other property or papers belonging to the estate, which have come to his possessi on in tr ust for the exec utor or administr ator, an d of his proceedings thereon ; and if the person so cited refuses to appear and render such account, the court may proceed against him as provided in the preceding section. CHAPTER 27 .-PROVISION FOR THE SUPPORT OF THE SUPPORT OF FAMILY C FAMILY EDENT .OF DE- SEC. 786 . WIDOW AND M INOR CHILDREN MAY REMAIN IN POSSESSION Possession of farni- OF FURNITURE AND APPAREL.-When a person dies leaving a widow or two and apparel. minor children, the widow or children, until letters are granted and the inventory is returned, are entitled to remain in possession of all the wear ing app arel of the fam ily and of all the ho useh old fur nitu re of the decedent, and are also entitled to a reasonable provision for their support, to be allowed by the district court or judge. CROSS REFERENCE Cloth ing of decede nt and househo ld eff ects not exceedi ng in value $ 2,500 t o Poet, p .1181. go to surviving wife without administration, see Civil Code, section 418. SEC. 787. ALL PROPERTY EXEMPT FROM EXEC UTIO N TO BE SET AP ART Property exempt from exe cution set asi de FOR USE OF FAMILY.-Upon the return of the inventory, or at any for, on petition. subsequent time during the administration, the court may, on peti- tion therefor, set apart for the use of the surviving husband or wife, or, in case of his or her death, to the minor children of the decedent, all the property exempt from exe cution. SEC. 788. NOTICE OF HEARING', TO WHOM SENT.-When the p etiti on Hearing on, notice . mentioned in section 787 is filed the clerk of the court must set the petition for hearing by the court and give notice thereof by causing notices to be posted in at least three public places in the division, one of which must be at the place wh ere the court is held, containing the name of the decedent, the name of the petitioner, the nature of the application, and the time at which the same will be heard. Such notice must be given at least ten days before the hearing, and a copy thereof must be mailed at least ten day s before the day appoint ed for the hearing to the executor or administrator, if he be not the petitioner, and to any person named as coexecutor or coadministrator not petitioning, and up on the attorney of any person who has appeared or given notice of appearance (by an attorney) in the estate as heir, legatee, devisee, next of kin, or creditor, or as otherwise inter ested, add ress ed to them at their plac es of res idenc e, or off ice, if known, and if not known, then to the place where the proceedings are pending. Proof of such posting and mailing must be made at the hear ing. SEC. 789. COURT MAY MAKE EXTRA ALLOWANCE .-If the property set Extraauowancea apart is insufficient for the support of the widow and children, or either, the cour t or judge must take such reason able allowance ou t of the estate as shall be necessary for the maintenance of the family, according to their circumstances, during the progress of the settle- ment of the estate, which, in case of an insolvent estate, must not be longer than one year after granting letters testamentary or of administration. SEC. 790. PAYMENT OF ALLOWANCE .-Any a llow ance mad e by the Payment of, pref. court or judge, in accordance with the provisions of this chapter, must be paid in pr efe ren ce to all ot her ch arg es ; except funeral I