, 1854-06-03

or to answer such interrogatories as may be
pot to him touching the matter Of such
complaint, the court may, by warrant for
that purpose, commit him to the county
jail, there to remain in close custody until
he shall submit to the order of the court
and all such interrogatories and answers
shall be in writing, and shall be signed by
the party examined, and fled in the pro-
bate court.
Sec. 10. The probate judge, upon the
complaint on oath Of any executor or adj
ministrator, may cite any person who shall
have been entrusted with any part of the
estate of the deceased person, to appear
before the probate court, and may require
such person to give full account on oath
of any moneys, goods, chattels, bonds, ac-
counts or other papers belonging to the
estate which shall have come to his pos
session in trust for such executor or admin
istrator, and Of his proceedings thereon ;
and if the person so cited shall refuse to
appear and answer such account, the court
may proceed against him as provided in the
preceding section.
PROVISION FOR THE SUPPORT OF THE FAMILY.
Sec. H. When a person shall die leaV-
ing widow and minor child or children,
the widow, child or children shall, until let
ters have been granted and the inventory
returned, be entitled to remain in possession
Of the homestead, and Of all the wearing
apparel Of the family, and Of all the house
hold furniture Of the deceased, and shall al
so be entitled to reasonable provision for
their support, to be allowed by the probate
judge.
Sec 70. Upon the return of the invent
ory, the court shall set apart for the use
OF the widow, minor child or children, all
the property Of the estate by law exempt
from execution.
Sec. 10. II the amount thus exempt be
insuficientfor the support Of the widow and
minor child or children, the probate court
shall make such further reasonable allow.
ance out Of the estate as may be necessary
for the maintenance Of the family according
to their circumstances during the progress
in the settlement of the estate, but no such
allowance shall be made after one year
from the granting letters testamentary OF
Of administration.
Sec. "A. Any allowance made by the
court in accordance with the provisions oI
the preceding section, shall be paid by the
executor or administrator in preference tC
all other charges except funeral charges
and expenses Of administration.
Sec. IS. When property shall have beer
set apart for the use of the family in &C
cordance with the provisions Of this chap
ter, il the deceased shall have left wild
ow and no minor children, such property
shall be the property of the widow, If he
shall have left also minor child or chill
dren, one half to the widow, and the re
mainder to such child or in equal shares
to such children il there are more than one
II there be no widow then the whole shal
belong to the minor child or children.
Sec. T6. II on the return Of the inven
tory Of any intestate's estate who died, lea
wing a widow or minor children, it shal
appear that the value Of the estate does
not exceed three hundred dollars, the pro
bate court shall by decree for that purpose
assign for the use and support of the wild
ow and minor children of the intestate, OF
for the support of the minor child or chill
dren il there be no widow, the whole es
tate after the payment of the funeral ex
penses and expenses of administration, ant
there shall be no further proceeding in the
administration unless further estate be dis
covered.
Sec. IT. II intOstate leave no widow OF
minor children, all his estate shall be asset
in the hands Of the administrator, after pay
ment Of funeral expenses and expenses o
administration for the payment Of thu
debts Of the deceaed or to be distributed
according to law.
OF CLAIMS AGAINST THE ESTATE
Sec IS. Every executor or administra
tor shall Immediately after his appoint
ment cause TO be published in some news
paper printed in the county if there be one
II not, then in such newspaper as may bt
designated by the court, notice to thC
creditors Of the deceased, requiring all per
sons having claims against the deceased tC
exhibit them with the necessary vouchers
within one year after the date of such no
tice to such executor or administrator, al
the place Of bis residence or transaction o.
business to be specified in the notice SucE
notice shall be published as often as the
Judge Of probate shall deem necessary, but
not less than once in week for four sue
cessive weeks.
Sec. 10. After the notice shall have
been published, copy thereof together
with the affidavit attached thereto Of the
publisher or printer of the paper in which
the same was published, shall be filed by
the executor or administrator in the pro
bate court.
Sec. 80. II claim be not presented
within one year after the first publication
Of the notice it shall be barred, provided
if il be not then due, or if it be contingent