Plymouth banner. (Plymouth, Marshall County, Ind.) 1852-1855, 1853-06-16
Plymouth Marshall County, Indiana Thursday June TO- 1853


tate be declared insolvent before the ex
piration OF one year from the first issu
ing of the letters thereon, no claim agains
it except funeral expenses, expenses o
admin stration, and of last sic kness. shal
be paid until the expiration of such year
! if all the estate OF the deceased be con
verted into money. and there be no claim:
unallowed. pending against it. the court
! shall direct distribution of the money
of such estate among the claimants whose
claims have been allowed, in the order
herein provided. pro rata, among the
claimants of each class; but if the prop
erty covered by liens, as mentioned in
The third class, has been sold subject
thereto. that class shall be omitted in
such distribution.
Sec l3. The one hundred and forty
ninth section is hereby amended to read
as follows, to wit: Such court may al
low to such executor or administrators
reasonable attorneys fees. where he EN-
ployed an attorney in the management
of such estate; but in no case shall all at
ance to such executor or administrator
for his persona! services; and at the end
of each year after the first issuing of the
letters. such court may also allow him
Cor such services during the preceding
year, upon his making affidavit that he
has not already been allowed therefor.
Sec. IA. The one hundred and sixty
second section of said act is hereby
amended to read as follows. to wit: Any
executor or administrator may be sued ON
his bond, by any creditor, heir legatee,
surviving or succeeding executor or ad-
ministrator. or co-executor or CO admit.
istrator of the same estate, for any of the
following causes. viz;
First Failure to inventory the prop
erty Of the decedent, to return inventO.
ries, appra isem bills. sale bills, reports
and accounts of sale according to law
Second. Failure to pay money OF the
estate into court according to law.
Third. Failure to use due diligence
in collecting claims due the estate.
Fourth. Want OF reasonable care in
taking solvent sureties to all obliga tions.
to secure the purchase money of any of
the property of the deccdent.
Fifth. Embezzling., concealing. or
converting to his own use such property.
Sirth. Negligently permitting any
property of the decedent TO be injured.
Seuenth. For committing any waste
upon the real estate of the decedent, o:
knowingly permitting the same TO be
done. when such real estate is in his pos
session and control, as such executor or
administrator.
Eighth. Failure to render an account
OF his proceedings wher required By the
court the provisions of this act.
Ninth. Noncompliance of any order
Of the court touching the estate.
Tenth. Any violation of the duties
Of his trust.
Sec. %. The one hundred and sixty
third section of said act is hereby amend
ed to read as follows, to wit: Such suit
may De brought by, and on the relation
of any such creditor, heir. legatee. survi-
wing or succeeding executor or admins
traitor. or cO-e executor or CO'admlnlstrat0r.
ceeding against the estate, unless it is
brought by such surviving or succeeding
executor or administrator, or cO-executor
or CO administrator. and the measure OF
damages in all such suits, shall be the
value of the property converted. destroy
ed. embezzl-d, or concealed, the injury
sustained by the estate Of any person in
terested therein. interest on money re-
tanned. such exemplary damages as the
court or jury trying the case may be will
ling to give, and ten per centum on the
whole amount assessed.
SEC. l6. The one hundred and sixty
seventh section OF said act is hereby
amended to read as follows. TO wit: In
addition to an order book, in which the
proceedings of the court are entered, such
clerk shall procure all appearance docket,
in which he shall enter the names Of the
executor o: anmini stra;or of every estate
unsettled. toge ther with marginal note
of the proceeding in such estate necessary
to be had at the term for which such dock.
ct is made up; what returns such execctor
or administrators is required by law or the
order of the court to make at such term.
and the names of parties to claims, and
their attorneys.
SEC. IL. 1t is hereby declared tha: an
emergency exists, and that this act shall
be in force from and after its passage.
OLIVER B. TORBET,
Speaker of the House of Reps.
ASHBEL p. WILLARD,
President Of the Senate.
Approved March 4. 1853.
JOSEPH A. WRIGHT.
North American Review on Partyism, Extract
without Comment
UWhat has ha nnen ned once may ha ppen