Page:United States Statutes at Large Volume 79.djvu/747

 79 STAT. ]

PUBLIC LAW 89-183-SEPT. 14, 1965

(10) relations on the part of the father shall be preferred to those on the part of the mother, in equal degree. (b) Where a person described in subsection (a) of this section is incompetent to serve, administration shall be granted as if he or she were not living. (c) Where there are not relations of the intestate, or those entitled to letters of administration decline to appear and apply for them, after proper summons or notice, administration may be granted to the largest creditor applying therefor. When creditors neglect to apply, the court may exercise its discretion in granting administration. § 20-335. Notice of application Upon an application for letters of administration, such notice thereof shall be given, by publication or otherwise, as the rules of the court require. § 20-336. Declining administration If a person entitled to administration declines it in writing, the court shall proceed as if he or she were not entitled to it. § 20-337. Form of letters of administration The following is the form of letters of administration to be issued under the seal of the Probate Court: District of Columbia: The United States of America. To all persons to whom these presents come, greeting: Administration of the goods, chattels, and credits of, late of deceased, is hereby granted unto , of. Witness [A B ], the Chief Judge of the United States District Court for the District of Columbia. Test: [ C D ], Register of Wills. § 20-338. Administrator with the will annexed; preference Where a will admitted to probate does not appoint an executor, or the executor therein appointed has died or renounced the executorship, or is incompetent to serve, administration shall be granted with the will annexed to the person who would have been entitled to administration in case of the intestacy of the deceased testator. A residuary legatee named in the will, shall be, in an appointment under this section, preferred to all, except a surviving spouse. The condition of the bond of the administrator so appointed and the oath to be taken by him and his duties and liabilities are the same as if he had been appointed executor in the will and had received letters testamentary. § 20-339. Administrator de bonis non; form of letters; duties If an executor or administrator dies before the administration of an estate is completed, the court ma^ exercise its discretion in granting letters of administration de bonis non or de bonis non cum testamento annexo, as the case requires, giving preference to the person who would be entitled in the order provided by section 20-334. if he applies for the letters. The form of the letters is the same as in the case of an original administration, except that it shall be confined to the property of the deceased not already administered. The authority shall be, under the court's direction, to administer all property herein described as assets and not distributed or delivered or retained by the executor or former administrators.

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