Plymouth banner. (Plymouth, Marshall County, Ind.) 1852-1855, 1853-06-16

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Az ACT to amend "dn act proriding
for the settlenent Of decedcnts es
tates prescribing the rights, liabilities
and duties of officers connected rith
The management thereof and certain
forms to be used in such settlement" ="
approped June Z. 1852.
Section /. Be it enacted by the Gen
tral assembly of the State of Indiana.
That the first section of an act entitled
Ian act providing for the settlement of
decedents' estates. prescribing the rights
liabilities. and duties Of officers connect
ed with the manage ment thereof. and the
heirs thereto. AMI certain forms to be
used in such settlement" approved June
II, 1892. be, and the is hereby
amended to read as follows, TO wit
Whenever any vii! shsll have been du
ly admitted TO probate, before the proper
clerk or common pleas court, the clerk OF
such court shall issue letters testamenta-
ry thereon 20 the person or persons named
therein s executors, whc are competent
hy law to serve as such, and who shall
appear and qualify; but no letters testd
mrntary Shall issue until the expira ton
Of ten days after the existence of the will
shall b. known. No person shall be
deemed competent to serve as an execu-
tor, who. at th4 time the will is proved,
shall, upon proof before such clerk or
court, be shown 10 be
FIRST. Incapable in law Of making a
contract. except married women;
Second. Under the age of twenty -one
years;
Third. Who shall nave been con-
vic;ed of an Infamous crime;
Fourth. Who shall be adjulged in
competent by said clerk or court, by
reason of mprovidence or want of under
standing.
SEC. 2 The forty third section of said
act is hereby amended TO read as follows,
The widow, at any time before the re-
turn OF such inventory, may select and
take articles therein appraised. not ex-
ceeding in value three hundred dollars.
for which she shall receipt to such exec
uiOr or administrator; statement OF the
kind and amount of which goods so take N
by the widow. shall be returned by such
executor or administrator, with and des
ignatcd on. such inventory. ProDided.
That, In all cases where the widow shall
fail refuse TO select or take all or any
part Of the afticlcs as in this section pro-
vided, she shall be entitled to receive the
amount IN cash, out of the first moneys
received by the executor or administra-
tor.
SEC, 8. The fortv-eighth section Of
said act is hereby amended to read as fol-
lows, to wit
Such executor or administrator. imme-
diately after filing such inventory and
apprsisement, shall proceed 10 sell at
public auction, the property of the de-
ceased: Provided. That. whenever any
portion Of the estate of any decedent shall
consist of stocks. the same shall not be
sold by the -Iecutor or administrators of
such estate. except by direction Of the
proper court; and n the distribution Of
the perOsnal estate of such decedent, such
stocks shall be transferred by direction
of the court to the heirs or their guard
ians
SEC. 4. The fif:ieth section Of said
act IS hereby amended to read as follows,
to wit; A credit of not less than three.
nor more than twelve months shall be
given on all sales of personal property. by
the executor or administrator, when the
amount purchased exceeds three dollars,
and notes, with one or more approved
sureties. waving valuation and appraise-
ment laws, shall be taken in all cases of
sale by such executor or administrator.
SEC 5. The sixty second section Of
slid act is hereby amended to read as fol-
lows, to wit: A succinct state men: OF
the nature and amount OF every claim.
whethe due or not. against the estate of
any decedent, except judgments, which
are liens upon the decedent's estate, and
mortgages Of his real or personal estate.
obtained aud executed in his lifetime. the
expenses of last illness, funeral expen-