American citizen. [volume] (Canton, Miss.) 1864-1890, 1865-12-20
AN ACT
To amend the Probate Court Law.


shall be competent for the Probate Courts
of this State to authorize any executor,
administrator or guardian to continue to
cultivate the farm of the deceased or ward
until final settlement and TO hire labor
to cultivate the same, If in the opinion Of
the court the interest of the estate or
ward will be promoted thereby, and if it
can be done without prejudice to the
rights of heirs, legatees. distributes, or
ward Provided, when she application is
made by an executor or administrator.
the adult heirs and guardians of the mi.
nors residing in the county shall have five
days notice thereof.
Sec. Q. Be it further enacted, That
said court shall be competent to authorize
any executor, administrator or guardian
TO lease and hire for a term not exceeding
three years at any one time, the planta
ton or farm, mules, farming utensils, &c,
Of the estate or ward Provided, the court
shall FIRST be satisfied that the same will
be beneficial to all parties interested !
Provided, further. when such application
is made by an executor or administrator
the adult heirs and guardians of minors
residing in the county shall have five
days notice thereof.
Sec. 5. Be it further enacted, That said
court shall be competent to authorize any
guardian to invest the surplus funds Of
his or her ward n such secure stocks as
shall be approved by the court.
Sec. 4. Be it further enacted, That
executors and administrators have power,
and they are hereby authorized to pur
chase bonds, bills of exchange, pronisso
~ notes, open accounts, and other evi
dences Of debt. Of any creditor Of their
respective testator or intestate, and for
payment of which said creditors are LA.
BILE in any capacity. and use the same in
payment or offset, against the claims and
demands of said creditor or creditors in
all suits at law or equity where said cred
itor or creditors is or are seeking TO en-
force debts or demands against said exec.
ulors or administrators. And all bills Of
exchange. bonds, promis'ory notes. open
accounts and other evidences Of debt Of
the creditor Of any decedesI's estate pur
chased by any executor or administrator
heretofore, be and the same is hereby
confirmed and declared legal for the pur-
pose Of offset and payment against the
claims and demands of such creditor or
creditors Of the testator or intestate, az
the case may be, as hereinbefore provid.
ed, as fully and completely as if the same
were purchased after the passage Of this
act. And for the purpose Of realizing to
the estates of testators and intestates The
full benefit contemplated by this act, ex
tCHtOFb huu administrators are luIIHeT
authorized to enforce payment by suits
on bills Of exchange, bonds, promissory
notes, open accounts, and other evidenc
es of debt purchased by them as afore-
said Provided, however, that the pro-
visions of this section shall not apply to
executors and administrators when the
estates which they represent have, by
order of the proper court, been declared
insolvent; Provided, further, that execu-
tors and administrators shall be allowed
in their accounts and settlements in the
Probate Court, only the actual amount
paid by them Or the purchase Of any
credits or chose in action as aforesaid.
Sec. s. Be it further enacted, That in
all cases where the will of a testator is
now in the course of execution, and there
has been no payment or delivery by the .
executor or executrix thereof, or Of ad- I
ministration de bouis non with the will
annexed, as the case may be. Of any de-
wise or bequest made by the will to the
wife of the testator. it shall ard may be
lawful for the widow of such testator,
within six months after III. passage OF
this act, to renounce and quit all claims
to any bequest or devise made TO her
by her husband, as provided by article
one Hundred and sixty nine, section
twenty two Of ian act for the establish,
ment Of the Probate Court, and for pre-
scribing the mode of proceeding therein"
of the Revised Code, page 46S thereof;
and after such remuneration has been so
6lsd, the widow shall be entitled to all
III ,;obte of her dover and other Iiuhts