1. AN ACT in regard to the administration of estates. [Approved April 1, 1872. In July 1, 1872.] GRANTING LETTERS TESTAMENTARY, ETC. LETTERS TESTAMENTARY AND OF ADMINISTRATION WITH WILL ANNEXED.| §1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That when a will has been duly proved and allowed, the county court shall issue letters testamentary thereon to the executor named in such will, if he is legally competent and accepts the trust, and gives bonds to discharge the same; and when there is no executor named in such will, or the executor named therein dies, refuses to act, or is otherwise disqualified, the court shall commit the administration of the estate unto the widow, surviving husband, next of kin, or creditor, the same as if the testate had died intestate. In all cases copies of the will shall go out with the letters. [R. S., p. 540, § 19. 2. DUTY OF PERSON NAMED AS EXECUTOR-PENALTY.] § 2. It shall be the duty of any person, knowing that he is named or appointed as the executor of the last will and testament of any person deceased, within thirty days next after the decease of the testator, to cause such will to be proved and recorded in the proper county; or to present the will and declare bis refusal to accept of the executorship; and every such executor neglecting to do so, without just excuse for such delay, shall forfeit the sum of $20 per month from and after the expiration of said term of thirty days, until he shall cause probate of said will to be made, or present the same as aforesaid, to be recovered by action of debt, for the use of the estate, by any person who will sue for the same in any court having jurisdiction thereof. [R. S., p. 540, § 20. 3. WHEN MINOR OR MARRIED WOMAN EXECUTOR.] § 3. Persons of the age of seventeen years, of sound mind and memory, may be appointed executors ; but when a person appointed executor is, at the time of proving the will, under the age of twenty-one years, or of unsound mind, or convicted of any crime rendering him infamous, administration with the will annexed may be granted dur ing his minority or other disability, unless there is another executor who accepts the trust, in which case the estate shall be administered by such other executor until the minor arrives at full age or the other disability is removed, when, upon giving bond as in other cases, he may be admitted as joint executor with the former. When a married woman is executrix, her husband may give bond with her for her faithful performance of the trust as in other cases. [R. S., p 541, § 23. 4. POWER OF EXECUTOR BEFORE PROBATE—WASTE, ETC.] § 4. The power of the executor over the testator's estate, before probate of the will and obtaining letters testamentary, shall extent to the burial of the deceased, the payment of necessary funeral charges, and the taking care of the estate; but in all such cases if the will is rejected when presented for probate, and such executor thereby never qualifies, he shall not be liable as an executor of his own wrong, unless upon refusal to deliver up the estate to the person authorized to receive the same: Provided, that this section shall not be construed to exempt any person, claiming to be executor as aforesaid, for any waste or misapplication of such estate. [R. S. 1845, p. 541, § 24. 5. DEATH, ETC., OF PART OF EXECUTORS.] § 5. Where two or more executors are appointed in and by the same will, and one or more of them dies, refuses to take upon himself the executorship, or is otherwise disqualified, letters testamentary shall be granted thereon to the other person or persons so named, not renouncing as aforesaid, and not disqualified. [R. S. 1845, p. 541, § 25. 6. OATH OF EXECUTOR-FORM.] § 6. Every executor or administrator with the will annexed, shall, at the time of proving the will and granting letters testamentary, or of administration, take and subscribe the following oath, to-wit: I do solemnly swear (or affirm) that this writing contains the true last will and testament of the within named A B. deceased, so far as I know or believe; and that I will well and truly execute the same, by paying first the debts and then the legacies mentioned therein, as far as his goods and chattles will thereunto extend, and the law charge me; and that I will make a true and perfect inventory of all such goods and chattels, rights and credits as may come to my hands or knowledge belonging to the estate of the said deceaset, and render a fair and just account of my executorship, when thereunto required by law, to the best of my knowledge and ability: so help me God. Which said oath shall be administered by the clerk of the county court, and be attached to and form a part of the probate of said will. [R. S. 1845, p. 541, § 26. 7. BOND OF EXECUTOR-FORM.] § 7. All executors hereafter appointed, unless the testator shall otherwise direct in the will, and all administrators with the will annexed, shall, before entering upon their duties, enter into bond with good and sufficient security to be approved by the county court, in a sum double the value of the estate, and payable to the People of the State of Illinois, for the use of the parties interested, in the following form, to-wit: Know all men by these presents, that we, A B, C D and E F, of the county of and firmly bound unto the People of the State of Illinois, in the penal sum of United States, which payment, well and truly to be made and performed, we and heirs, executors and administrators, jointly, severally and firmly by these presents. this day of A. D. 18.. and state of Illinois, are held dollars, current money of the each of us bind ourselves, our Witness our hands and seals, The condition of the above obligation is such, that if the above bounden A B, executor of the last will and testament of G H, deceased, (or administrator with the will annexed, of G H, deceased, as the case may be,) to make, or canse to be made, a true and perfect inventory of all and singular the goods and chattels, rights and credits, lands, tenements and hereditaments, and the rents and profits issuing out of the same, of the said deceased, which have, or shall come to the bands, possession or knowledge of the said A B. or into the possession of any other person for him, and the same so made do exhibit in the county court for said county of .... as required by law; and also make and render a fair and just account of his actings and doings as such executor, (or administrator) to said court, when thereunto lawfully required: and do well and truly fulfill the duties enjoined on him in and by the said will; and shall, moreover, pay and deliver to the persons entitled thereto, all the legacies and bequests contained in said will, so far as the estate of the said testator will thereunto extend, according to the value thereof, and as the law shall charge him; and shall, in general, do all other acts which may, from time to time, be required of him by lawthen this obligation to be void; otherwise to remain in full force and virtue. Which said bond shall be signed and sealed by the said executor (or administrator) and his securities, and filed in the office of the clerk of the county court and spread upon the records. [R. S. 1845, p. 541, § 27. 8. WHEN SECURITY NOT REQUIRED.] §8. When any testator leaves visible estate more than sufficient to pay all his debts, and by will shall direct that his executors shall not be obliged to give security, in that case no security shall be required, unless the county court shall see cause, from its own knowledge, or the suggestions of creditors and legatees, to suspect the executors of fraud, or that the personal estate will not be sufficient to discharge all the debts, in which case such court may require security, and the same shall be given before or after letters testamentary are granted, notwithstanding any directions to the contrary in the will. [R. S. 1845, p. 542, § 28. 9. EXECUTOR, ETC., BECOMING RESIDENT OF ANOTHER COUNTY.] § 9. Whenever, by the division of any county, or the removal of the executor or administrator to whom letters have been granted, he is by such removal or division beyond the limits of the county in which said letters were granted, and in some other county of this state, the county court of the county in which the letters were or are granted shall proceed and settle the estate in the same manner as if no removal or division had occurred. [R. S. 1845, p. 542, § 30. 10. FORM OF LETTERS TESTAMENTARY.] § 10. All letters testamentary, to be hereafter issued to executors under this act, shall be in the following form to-wit: STATE OF ILLINOIS, COUNTY, The People of the State of Illinois, to all whom these presents shall come-GREETING: Know ye, that whereas, A B, late of the county of and state of Illinois, died on or about day of A. D. 18.., as it is said, after having duly made and published his last will and testament, a copy whereof is hereunto annexed, leaving, at the time of his death, property in this state which may be lost, destroyed or diminished in value, if speedy care be not taken of the same; and inasmuch as it appears that C D has been appointed executor, in and by the said last will and testament, to execute the same; and to the end that the said property may be preserved for those who shall appear to have a legal right or interest therein, and that said will may be executed according to the request of the said testator, we do hereby authorize him, the said CD, as such executor, to collect and secure all and singular the goods and chattels, rights and credits, which were of said A B, at the time of his decease, in whosesoever hands or possession the same may be found in this state; and well and truly to perform and fulfill all such duties as may be enjoined upon him by the said will, so far as there shall be property, and the law charge him; and in general to do and perform all other acts which now are or hereafter may be required of him by law. Witness: EF, clerk of the county court of the said county of and the seal of the said court, this day of..., A. D. 18.. [L. B. ] [R. S. 1845, p. 549, § 65. ADMINISTRATORS TO COLLECT. .... E F, Clerk. 11. WHEN APPOINTED.] § 11. During any contest in relation to the probate of any will, testament or codicil, before the same is recorded, or until a will which may have once existed, but is destroyed or concealed, is established, and the substance thereof committed to record, with proof thereupon taken, or during any contest in regard to the right of executorship, or to administer the estate of any person dying either testate or intestate, or whenever any other contingency happens which is productive of great delay before letters testamentary or of administration can be issued upon the estate of such testator or intestate, to the person or persons having legal preference to the same, the county court may ap point any person or persons as administrators, to collect and preserve the estate of any such decedent, until probate of his will, or until administration of hist estate is granted, taking bond and security for the collection of the estate, making an inventory thereof, and safe keeping and delivering up the same when thereunto required by the court, to the proper executor or administrator, whenever they shall be admitted and qualified as such. [R. S. 1845, p. 543, § 35. 12. FORM OF LETTERS.] § 12. The form of the letters to be granted to the person or persons so appointed to collect and preserve the estate of the decedent, as aforesaid, shall be as follows, viz: The People of the State of Illinois, to all to whom these presents shall come-GREETING: Know ye, that whereas A B, late of the county of and and state of Illinois, deceased, as it is said, had at his (or her) decease, personal property within this state, the administration whereof cannot be immediately granted to the persons by law entitled thereto, but which, if speedy care be not taken, may be lost, destroyed or diminished; to the end, therefore, that the same may be preserved for those who shall appear to have a legal right or interest therein we do hereby request and authorize C D, (and E F, if two shall be appointed,) of the county of ............... state aforesaid, to collect and secure the said property, wheresoever the same may be, in this state, whether it be goods, chattels, debts or credits, and to make, or cause to be made, a true and perfect inventory thereof, and to exhibit the same, with all convenient speed, to the county court of the said county of ......, together with a reasonable account of his collections, acts and doings in the premises aforesaid. Witness: E F, clerk of the county court in and for said county of and the seal of said court, this day of [L. S.] 18.. [R. S. 1845, p. 543, § 36. E F, Clerk. 13. BOND-FORM.] § 13. Before letters of administration to collect shall be granted as aforesaid, the person or persons so appointed shall give bond, with good and sufficient security, to be approved by the court, in the following form, to-wit: and state of Illinois, are dollars, current money of Know all men by these presents that we, CD, EF and J K, of the county of held and firmly bound unto the People of the State of Illinois, in the penal sum of the United States, for the payment of which, well and truly to be made and performed, we bind ourselves, our heirs, executors and administrators, jointly, severally and firmly by these presents. Witness our hands and seals, this day of 18.. The condition of the above obligation is such that if the above bounden C D shall well and honestly discharge the duties appertaining to his appointment as administrator, to collect of the estate of A B, late of the county of deceased; shall make, or cause to be made, a true and perfect inventory of all such goods, chattels, debts and credits of the said deceased, as shall come to his or her possession or knowledge, and the same, in due time, return to the county court of the proper county; and shall also deliver to the person or persons authorized by the said county court, as executors or administrators, to receive the same, all such goods, chattels and personal estate as shall come to his or her possession, as aforesaid, and shall, in the general, perform such other duties as shall be required of him (or them) by law, then the above obligation to be void: otherwise to remain in full force and virtue. Which said bond shall be signed and sealed by such administrator and his securities, and filed with the clerk of the county court, and spread upon the records. [R. S. 1845, p. 544, § 37. 14. OATH.] § 14. Before any administrator to collect, shall enter upon the duties of his appointment, he shall take and subscribe the following oath or affirmation, before the clerk of the county court, to-wit: I do solemnly swear (or affirm) that I will well and honestly discharge the trust reposed in me as administrator to collect the estate of A B, deceased, according to the tenor and effect of the letters granted to me by the county court of the said county of ......, to the best of my knowledge and ability: so help me God. Which said oath shall be in writing, subscribed by the party making it, and filed in the office of the clerk of the county court before whom the same is taken. JR. S. 1845, p. 544, § 38. 15. POWERS-COMMISSION.] § 15. Every collector so appointed shall have the power to collect the goods, chattels and debts of the said deceased, according to the tenor of the said letters, and to secure the same at such reasonable and necessary expense as shall be allowed by the court; and the said court may au thorize him, immediately after the inventory and appraisement of such estate, to sell such as are perishable, or may depreciate by delay, and to account for the same; and for the whole trouble incurred by such collector the court may allow such commission on the amount of the said personal estate as shall be actually collected and delivered to the proper executor or administrator, as aforesaid, as said court may deem just and reasonable: Provided, the same shall not exceed 6 per cent. on the amount stated in such inventory or bill of appraisement. [R. S. 1845, p. 544, § 39. 16. SUITS TO COLLECT.] § 16. Every such collector may commence suits for debts due to the decedent, and release the same on payment thereof; and no such suit shall abate by the revocation of his letters, but the same may be prosecuted to a final decision, in the name of and by the executor or administrator to whom letters testamentary or of administration may be granted. [R. S. 1845, p. 545, § 40. 17. WHEN POWERS CEASE-PENALTY.] § 17. On the granting of letters testamentary or of administration, the power of any such collector, so appointed, shall cease, and it shall be his duty to deliver, on demand, all property and money of the deceased which shall have come to his hands or possession, (saving such commission as may be allowed by the court, as aforesaid,) to the person or persons obtaining such letters; and in case any such collector shall refuse or neglect to deliver over such property or money to his successor, when legal demand is made therefor, such person so neglecting or refusing shall be liable to pay 20 per cent. over and above the amount of all such property or money as comes to his hands by virtue of his administration, and is not paid or delivered over as aforesaid, and shall forfeit all claim to any commission for collecting and preserving the estate-which said 20 per cent., together with all damages which may be sustained by reason of the breach of any bond which may at any time be given by any such collector, may be sued for and recovered by the person or persons to whom letters testamentary or of administration may be granted, for the use of the estate of such decedent. [R. S. 1845, p. 545, § 41. GRANTING LETTERS OF ADMINISTRATION. 18. WHO TO BE APPOINTED ADMINISTRATOR-DEATH TO BE PROVED.] § 18. Administration shall be granted to the husband upon the goods and chattels of his wife, and to the widow or next of kin to the intestate, or some of them, if they will accept the same, and are not disqualified; but in all cases the widow shall have the preference; and if no widow or other relative of the intestate applies within sixty days from the death of the intestate, the county court may grant administration to any creditor who shall apply for the same. If no creditor applies within fifteen days next after the lapse of sixty days, as aforesaid, administration may be granted to any person whom the county court may think will best manage the estate. In all cases where the intestate is a non-resident, |