Page:United States Statutes at Large Volume 47 Part 1.djvu/1083

 72d CONGRESS. SESS. II. CH. 127 . FE BRUA RY 27, 1933 . 1059 in this section. Public administrators shall, subject to the pro- toPublic adrainistra- visions of section 952, receive the same compensation and allow- ances as are a llowed in this ti tle to other admi nistrators. All con- tracts between an executor or administrator and an heir, devisee, or lega tee, for a high er c ompe nsat ion tha n th at a llow ed by t his sect ion, shall be void. When the executor or administrator is an attorney Attorney serving as, he s hall not be allo wed to char ge a gain st the estate any p rofe ssio nal sonal feees ea profes- fe es, as such, for services rendered by himself. SEC. 859. ALLOWED FEES FOR ATTORNEYS ; EXRAORDINARY 1 SERV ICE S . trAttorneys' serviees ex- Attorneys for executors and a dministrators sh all be allowed out of the estate as fees for conduc ting the ordinar y probate procee dings such reasonable sum as the court may allow which shall be not in excess of such am oun ts as are all ow ed by se cti on 858 as compensation for exec uto rs and a dmin istr ator s for t heir own services. In all cases such fu rthe r al lowa nce may be made as the cou rt may d eem jus t and reasonable for any extraordinary services s uch as sales or mortgages of real esta te, contested or litigated clai ms agai nst the esta te, liti ga- tion in regard to the property of the estate, and such other litigation as may be nece ssary for the e xecutor or admin istrator to pros ecute or defend. Accounting and settlements by execu- tors, etc. SEC. 860. EXECUTOR'S, EXHIBIT OF MONEY RECEIVED, AND SO FORTH .- Exhibits of money When required by the court, either upon its own motion or upon the received, etc . application of any person interested in the estate, the executor or administrato r must render an exhibit unde r oath, showin g the amount of money received and expended by him, the amount of all claims filed or presented aga inst the estate, and the names of the claimants, and all other matters necessary to show the condition of its affairs. S EC. 861 . OBJECTIONS TO ACCO UNT, WHO MAY FILE .-When an Objections to exh ibit is rend ere d by an exec utor or adm inis trat or, any pers on coco nut, fil ing of. interested may appear and, by objections in writing, contest any ac co unt or statement therein contained. The court may examine the executor or administrator, and if he has been guilty of neglect, or has was te d, embezzled, or mismanaged the estate, his letters mu st ,be revoked. SEC. 862 . ATTACHMENT FOR NOT OBEYING CITATION .-If any e xec- obeying not utor or adm inis trat or n egl ects or refu ses to appe ar and render an exhibit, after having be en duly cit ed an attachment may be issued agai nst him and suc h ex hibi t en for ced, or his lett ers may be revo ked, in the discretion of the court. SEC. 863 . ExEctrroR's REPORT .-Within thirty days after the ex- Executor's report. piration of the time mentioned in the notice to creditors within which claims m ust be filed or exhibited every executor or adm inis- trator must render a full account and report of his administration. If he fa ils to pres ent his acco unt the cou rt or ju dge mus t co mpel the rendering of the account by attachments,' and any person interested in the estate may apply for and obtain an attachment ; but no attach- me nt mu st issue unless a citation has been fir st issued, served, and returned, requ iring the executo r. or administrator to appear and show cause why an attachment should not issue. Every account must exhi bit all deb ts w hich hav e be en file d and al lowe d during the pe riod embr ace d in the acc ount. ACCOUNTING AND SETTLEMENTS BY EXECUTORS AND A DMIN ISTR ATOR S 1 So in original