The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, 1852-03-31
Granting Letters and Filing Accounts.

LIST. Letters of administration will not be granted to any per-
son, there being in the county, any one having by law a prior
right to the administration unless such person OR persons hav-
ing prior right, have previous notice by citation or otherwise. to
come before the Court and show cause why Letters of Admins
tration should not be granted to them-or a written decination
of the administration by such person having prior right by pre-
yiously fling in this Court, or proof made to said Court that the
PERSONS so entitled are incompetent, or evidently unsuitable for
the discharged of the trust or that they have neglecte, with
out any sufficient cause, to admin lister.
2. That in all cases, in requiring a bond from An Executor or
Administrator, unless the pecuniary ability of the suretes NAM
ed be known to the Court, the Court will require the written
statement of Council to be put on file, that said sureties are
worth the amount of the bond required after their debts are paid,
OF the slreties themselves will be required to testify under oath.
8. That ever Executor or Administrator shall procure an ac-
count book. and enter therein the copy of the inventory and sale
list, and keep an accurate account of all money received and ex-
pended-keeping the account of the moneys received for person
al property sold and returned on sale list, separate from other
accounts; and such Executor or Administrator, should enter in
said book a memorandum of oil claims presented for allowance
as well as those of which he otherwise has notice, and also keep
an accurate account therein, ofhis actual and necessary expen-
SEES, for any extraordinary serv ices not required of an Executor
or Administrator in the common course ofhis duty. This account
book shall be at all times subject to the order of the Court.
4. That where the evidence of claim against an estate ex-
lists in book account, the Executor or Administrator shall require
the creditor to furnisha copy fthe account, specifying the items
with his receipt thereon or thereto attached. And if the claim
be upon an account the last item of which shall appear to have
been Of more than eighteen months standing previous to the
death of decedent, the affidavit OF the creditor must On all cases
5th. Executors and Administrators should always take
receipt for the payment of money, whether paid on note or
DOCK ACCOUNT, III Vic pOSsCcolOh il q lObS lOuOu q IGNClpb
specifying the amount paid by said Executor or Administrator,
will not enthle him to any credit on final settlement of his &C
count.
9Th. That every Executor or Administrator, as soon as he
ascertains that the personal estate of decedent will not satisfy
the debts, shall apply for the sale of his real estate, and ia all
applications for the sale of real estate, or equitable Interest in the
same, this Court will require the petition to set forth tie amount
of debts due from the deceased as nearly at they can be ascer-
tanned, the amount of the charges of Administration, the value
of personal estate and effects, and a description OF the real e-
tate, and the value thereof, if appraised.
Z That if at the expiration OF one year IRON the time he gave
notice of his appointment, an Administrator o. Executor believes
the estate of his decedent to be ~insolyept-n c shall so represent
to this Court, which representation shall be made in writing,
and shall give tie names of the creditors, with3the amount Of
their ,s9gral demands, as near as may be, including all claims
which the Executor or Administrator has notice, whether pre-
,ented for allowance or not, and whether he supposes there is a
defence to them or not, which representation shall be sign
ID by the Executor or Administrator and verified by affidavit.
g.. That every Executor and Administrator failing to render
MS first account of his administration within eighteen months,
having given bond, or failing to render further accounts
Every twelve months thereafter, as required by law, will be com
to do so in the manner directed by the Statute.
9. That when any Executor or Administrator shall file his
,ouchers for final settlement of an estate, he shall file Herewith
IN account current, drawn in a fair hand, in which shall be sta
ed the amount of money in possession ofhls testator or intestate,
It the time ofhs death, received by said accountant, of whom
eceived, and the time when; also what debts due to the estate
ave been collected, stating particularly the time when any mo-
ey was received, ofwhom and the amount; also what money
as been received on account OF sales OF personal property and
cal estate, stating particularly the time ard amount of each re-
eipt. and of whom received; and these respective debts shall
e entered in their order of time. After debltlng himself with all
that may have come to his hands, thereshal De stated on
he credit side of the account;-frst, the expenses of last sick
and funeral expenses; second, the amount paid on account
f years maintenance set off to widow and family; third, costs
# administration; fourth, all payments made upon mortgages or
that operated as a lien on the estate of the decedent;
md lastly, all payments made upon any other account to the
reditors of the estate. Each ofthe above classes OF items shall
a separate aggregate; and the vouchers in support of each
tenn shalt be numbered and referred to corresponding numbers
the account current.
10. That the accounts of Executors and Administrators shall
bo state for the information of the Court, the date of the death
f the decedent, the number and names of his or her children,
if any, designating the minors, (f any and their respective
Lges, the amount of the schedule returned of debts due the e-
the time and amount and terms of each sale of personal
md real estate, and be accompanied with a schedule or list of
due the estate, which the Executor or Administrator has
lot been able to collect, and where the accountant has render
d a former account that fact shall be SO stated, andthe time of
enderng such former account given.
IL. Provided, That when the settlement Of an estate has
commenced in the Court of Common Pleas, or for any 9TH
r special cause, this Court may excuse from a strict and full
~ompiance with either ofthe foregoing rules, SO far as they ex-
ct any thing not required by law.