, 1854-06-03
LAWS OF TIE TERRITORY OF WASHINGTON
PUBLISHED ny AUTHORITY.

AN ACT Respecting EXECUTORS, AdManls-
traitors, and che Distribution Of Real and
P1sORdl Estate
Sec. l. Be 1t enacted BY The Legislature
Asscmbly Of the Territory Of Washington,
That upon the decease of any inhabitant Of
this Territory, letters testamentary, or let
teFs Of administration on his estate shall be
granted by the probate court for the coun-
I'm which the mansion house, or place Of
abode of the deceased, was situated at the
tine Of hiE death. If he had no mansion
house or place Of abode in this Territory,
81 the time Of his death, and was possessed
Of lands in This Territory, letters may be
granted in the county in which such land,
o. part thereof, lies. If the deceased
bad neither mansion house, place Of abode,
nor lands in this Territory, at the time of
bis death, letters testamentary or Of ad-
ministration, may be granted in the county
where be died, or in which the greater part
Of his estate may be- II he died out Of
the Territory, having at the time Of his
death neither mansion house, place Of
abode, or lands in this Territory, such
letters may be granted in any county where
bis estate, or part Of it, may be.
Sec. 2. All orders, settlements, trials,
aud other proceedings intruSted by this act
to the probate court, shall be had or made
IN the county in which letters testainentary
o. Of administration, were granted.
Sec. 8. No Judge ofprobate in his own
county, and no person under twenty one
years Of age, or Of unsound mind, shall be
executor or administrator, nor shall the ex-
scutcr Of an executor in consequence there
ot, be the executor Of the first testator.
Sec. 4. Letters Of administration shall
Be granted
lst. To tho widow or next Of kin, or
both, as the judge Of probate shall think
Ct and if they do not voluntarily either
take or renounce the administration, they
shall, Il resident in the county, be cited for
that purpose by the Judge
I'd. If persons so entitled to admins
tration are incompetent, or evidently not
suitable for the discharge Of the trust, or
fthey neglect without any sufficient cause,
for sixty days after the decease Of the in
testate, to take administration Of his estate,
the judge of probate may grant letters to
one or more Of the principal creditors, II
there be any competent and willing to un-
dertake the trust
Sd. If there be no such creditor, the
judge Of probate shall commit administra-
ton to such other person as he shall think
It. provided, however,.
4th. That il the deceased were mar
red woman, administration of her estate
shall in all cases be granted to her hus-
band, If competent and willing to under
take the trust, unless she shall have made
some testamentary disposition Of her sepa-
rate estate, which shall render it necessary
or proper to appoint some other person to
administer and, provided also,
9th. That if the deceased were an alien,
and left no widow or next of kin in this
Territory, administration Of his estate shall
be granted to the consul or vice consul Of
the nation to which he belonged, if there
be any in this Territory, and lie shah claim
tne same in preference to his creditors.
Sec. 5. After the probate Of any will,
letters testamentary shall be granted to the
persons therein appointed executors. IF a
part Of the persons thus appointed refuse
70 act, or be disqualified, the letters shall
oe granted to the other persons appointed
therein. II all such persons refuse to act,
OF be disqualified, letters of administration
with the will annexed, shall be granted to
the person to whom administration would
nave been granted, if there had been no
VII. .s-a..r +.I
sec. s. When there are two or moro
persons named co-executors in any will,
none shall have authority to act as such,
~ intermeddle, except those who give
bond. -.. ..-'...
Sec. I. Every executor or adninistra-
soL, before entering upon the ezes bon Of
nls trust shall give. bond with seient
aaretles, resident IN this Territory, 10 such
sun as the judge Of probate shall order,