, 1854-06-03

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such complaint, the court shall examine in
to the same
Sec. 33. If the probate court find thC
complaint mentioned in either of the tive
preceding sections to be Just, it shall ordel
another bond and sufficient security to h,
given.
Sec. "a. Such additional bond whcr
given and approved, shah discharge tht
former securities from any liability arising
from the misconduct of the principal aftel
the filing Of the same, and such former se
curities shall only be liable for such mis-
condnct as happened prior to the giving
such new bond. .
Sec. So Ifsuch person fail to give such
additional bond and security for ten days
after making such order or in such Other
time as the court may prescribe, his letters
from thenceforth shall be deemed to be re,
voked and his authority from that time
cease.
Sec Sc If any executor or admins
traitor shall publish for six weeks in some
newspaper IN this territory, in general cir
culation in the county wherein his letters
were granted, notice Of his intention to
apply TO the probate court to resign his
letters, and the court on proof Of such
publication believe that he should be per-
mitted to resign, II shall so order said
publication of notice in the newspaper up
on application to the probate court for
that purpose may be dispensed with, and
instead thereof the probate court may re-
quire said executor or administrator to
post ten written or printed handbills con-
tanning said notice in ten Of the most pub
lie places in the county where his letters
were granted, at least twenty days before
the term.of the court nt which he makes
application TO resign his letters
Sec 81. Such person shall then sur
render his letters, his power from that time
shall cease, and he shall pay the expenses
Of publication and of all the proceedings on
such application. .
Sec. 49, If there be more than one ex-
ecutOr or administrator Of an estate, and
the letters of part of them be revoked or
surrendered, or part die or in any way
become disqualified, those who remain shall
perform all the duties required by law re-
specting the estate
Sec. 80. If all the executors or admin
istrators of an estate shall die, resign, or
their letters be revoked, in cases not other
wise provided for, letters of administration
Of the goods remaining unadlbinistered,
shall be granted those to whom administra-
tion would have been granted if the origi-
nal letters had not been obtained, or the
person obtaining them had renounced id
ministration, and the administrator shall
perform the Ike duties and incur the like
liabilities as the former executors or admin
istrators. H I.rUl. biol
Sec. 40. II any executor or adniinlstra-
tor resign, or his letters be revoked, or he
die, he or bis legal representatives shall
account for pay and deliver to his successor
or to the surviving or remaining executor
or administrator, all money and property
Of every kind, and all rights, credits, deeds,
cvidencesof debt and papers Of every kind
Of the deceased at such time anil in such
manner rs the court shall ORDER ON final
settlement with such executor or admins
traitor or his legal representatives
Sec. Al. The succeeding administrator,
a remaining executor or administrator may
proceed at Inv against any delinquent, for
mer executor or administrator or his legal
representative, or the securities Of either or
against any other person possessed of any
part of the estate. ....- .a. H
Sec. AZ. All suits against securities shall
be commenced within six years after the
revocation or surrender Of letters Of admin
istration or death Of the principal l4
Sec. 40. If any executor or admins.
traitor fail to make either annual Or final set
tlement as required by law, and do not show
good cause for such failure after having
been cited for that purpose by the probate
court it shall order such executor or ad-
ministrator to give notice when required,
and to make such settlement, and may en-
force obedience to such order by attach
ment, and may revoke his letters.
Sec. A. lfany person who has surren-
dered his letters testamentary or Of ad-
ministration, or whose letters have been
revoked, or the legal representatives Of any
deceased executor or administrator shall
fail to make Gnal settlement as required
by law after being cited for that purpose
by the probate court, it shall order such
deGnquents to make such settlement, and
may enforce obedience to such order by
attachment. -. ...... .....
Sec 45. In all cases where citations OF
attachments may be issued against any ex-
ecutor, administrator or other person for
failing to settle his accounts, such delin-
quent shall pay all costs incurred thereby
Sec 46. The executor or administrator
on the estate of any deceased member of q
co-partnership shall include in the inven'
tory, which he is required by law to return
to the probate court, the whole of the
partnership property, goods, chattels
rights and credits appraised at their true
value as in other cases hut the appraisers
shall carry out In the footing an amount