Page:United States Statutes at Large Volume 76A.djvu/680

–584– -584CHAFTER 57—EXECUTORS AND ADMINISTRATORS; APPOINTMENT; REMOVAL; SUSPENSIONS SUBCHAPTER I

APPOINTMENT

OF EXECUTORS AND WILL ANNEXED

ADMINISTRATORS

WITH

THE

Sec.

1101. 1102. 1103. 1104. 1105. 1106. 1107. 1108. 1109. 1110. 1111.

Competency to serve as executor; marriage. Trust companies as executors. Executor indicated but not specifically named. Invalidity of authority given executor to apiK)int. Absentee or minor named executor; interim appointment. Executor of an executor; letters with will annexed. Objections to letters testamentary; petition for letters with will annexed; issuance of letters. Failure to appoint all named executors. Powers before grant of letters. Priority of appointment of administrators with will annexed. Authority of administrators with will annexed; discretionary power. SUBCHAPTER II—APPOINTMENT OF ADMINISTRATORS

1131. 1132. 1133. 1134. 1135. 1136. 1137. 1138. 1139.

Competency to serve as administrator; marriage. Persons entitled to letters; order of priority. Surviving partner. Relatives of whole blood as preferred. Persons equally entitled to letters; creditors. Minors and incompetents; discretion of court. Failure of persons having priority to claim letters. Letters to persons other than those entitled. Trust companies as administrators. SUBCHAPTER III

1161. 1162. 1163. 1164. 1165. 1166. 1167.

PETITION FOE LETTERS/ CONTESTS

Form and contents of petition; filing; defects. When letters of administration may be granted. Setting petition for hearing; notice. Contesting application. Hearing on petition; order. Evidence of notice. Facts to be proved; witnesses. SUBCHAPTER IV—SPECIAL ADMINISTRATORS

1201. 1202. 1203. 1204. 1205. 1206. 1207. 1208. 1209. 1210.

Appointment of special administrator; grounds; public administrator. Same; notice; preference. Bond; oath; letters. Powers and duties of special administrator. Powers and duties when appointed pending will contest or other proceedings. Payment of secured charges on property. Effect of grant of letters testamentary or of administration. Verified account; commissions and allowances; attorneys' fees. Division of commissions and allowances, and of attorneys' fees. Attorney's fees for extraordinary services. SUBCHAPTER V

1231. 1232. 1233. 1234.

FORM OF LETTERS

Signature of clerk; seal of court. Form of letters testamentary. Form of letters of administration with the will annexed. Form of letters of administration, or of special administration. SUBCHAPTER VI—REVOCATION OF LETTERS

1251. 1252. 1253. 1254.

Revocation of letters of administration; petition. Notice; citation; hearing; order. Assertion of prior right by surviving spouse or certain relatives. Court's discretion to refuse letters. SUBCHAPTER VII

DEATH, DISABILITY AND SUBSTITUTION

1271. Revocation of letters upon subsequent probate; accounting; powers of new appointee. 1272. Death or disqualification of one of several executors or administrators. 1273. Death or disqualification of all executors or administrators; bond of new appointees.

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