, 1854-06-10

4 PiO'Su " NhV piODule JuuBeJ COnulJlOneu
faithfully to manage and account for such
estate before he shall be authorized to re-
ceive the same, and the court appointing
such agent may allow a reasonable sum out
of the profits Of the estate for his services
and expenses.
Sec. 220. When the estate shall have
remained in the hands of the agent un-
claimed for one year, it shall be sold under
the order Of the court and the proceeds de-
ducting the expenses Of sale to be allowed
by the court shall be paid into the terrific
rial treasury. When the payment is made,
the agent shall take from the treasurer du.
plicate receipts one of which he shall file
in the Office of the territorial auditor, and
the other in the probate court.
Sec. 22l. The agent shall be liable on
his bond for the care and preservation of
the estate while in his hands, and for the
payment of the proceeds of sale as required
by the preceding section, and may be sued
thereon by any person interested.
Sec. 222. When any person shall ap-
pear and claim the money paid into the
treasury, the probate courtmaking the dis.
tribution, being first satisfied of his right
shall grant him certificate under its seal
and upon the presentation of the certificate
to the auditor be shall draw his warrant
on the treasurer for the amount.
Sec. 223. When the estate has been
fully administered aud it shall have been
shown by the executor or administrator by
the production of satisfactory vouchers
that he has paid all sums of money due
from him, aAd delivered up under order Of
the court all property Of the estate to the
persons entitled, the court shall make de-
cree, dischnrging him from all liability to
be incurred thereafter.
Sec 224 The final settlement of the
estate shall not prevent SUBSEQUENT issu-
ance Of letters of administration should
other property Of the estate be discovered,
or if it should become necessary and proper
from any cause that letters should be again
issued
MISCELLANEOUS PROVISIONS.
Sec. 225. All orders and DEGREES made
by the probate court during its terms shall
be entered at length on the records of the
court, and also all orders which the Judge
is empowered to make out of term time,
and which are by this act specially required
to be so entered, and upon the close of
each term, the judge shall sign the minutes
Of the proceedings.
Sec. 1896. Whenever personal notice is
required by this act to be given to any
party to a proceeding In the probate court,
and no other mode of giving notice is pre-
scribed, it shall be given by citation issued
from the court signed by the Judge and un-
der the seal Of the court, directed to the
sheriff of the proper county, requiring him
to cite such person to appear before the
court, or judge as the case may be, at a
time and place to be named in such cita-
ton In the body of the citation shall be
briefly stated the nature or character Of the
proceedings
Sec 227. The officer to whom the cita-
tion is directed shall serve it by delivering
u copy to the person named therein, or to-
each Of them If there be more than one,
and shall return the original to the court
according to its direction, endorsing there
on the time and manner Of service.
Sec. 228. When no other time has
been specially prescribed, citation shall be
served at least five days before return day.
Sec 229. All writs and processes IS
sued from the probate court shall be signed
by the judge and under the seal Of the
court.
Sec. 230. The practice in the district
court shall be applicable to proceedings
in the probate court so far as the same
does not conflict with any enactment spe-
cially applicable to the probate court, or
is not inconsistent with the provisions Of
this act.
DESCENT OF REAL ESTATE.
Sec 23l When any person shall die
seized of any lands, tenements or heredita-
ments, or any right thereto, or entitled to
any interest therein in fee simple, or for the
life of another not having lawfully devised
the same, they shall descend subject to his
debts as follOwsi
l. In equal shares to his children, and
to the issue Of any deceased child by right Of
representation, and if there be no child Of
the intestate living at the time of his death,
his estate shall descend to all his other lin
cal descendants, and if all the same de-
scendants are in the same degree of kindred
to the intestate, they shall have the estate
equally, other%'ise they shall take accor-
ding to representation!
9. If he shall leave no issue his estate
shall descend to his father
8. If he shall leave no issue nor father,
his estate shall descend in equal shares to
his brothers and sisters, and to the children
of any deceased brother or sister by right
of representation provided, that if he
shall leave a mother also, she shall take an
equal Share with the brothers and sisters.
4. If the intestate shall leave no issue
nor father and no brother nor sister living
at his death his estate shall descend TO his
mother, to the exclusion of the issue of his
deceased brothers or sisters.