Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1866-11-09
LAWS OF IOWA.
PabFsfcl by Il uthoray
- -
CIIApTER I3a

AN AtI 10 amend CHaptcf iUJ, OF tho
Revision Of 1869, of the Laws Of Iowa,
relative TO the estates of Decedents.
SECTION l. Be it enacted by tie Gsn-
erdi Assen,bLy Of the State Of low1, That
when \ will is executed in another
State or county, and admitted to record
in this State, the executors or admins I
istrators, With tire Will annexed, and !
any trustee appointed by such will or
10y any court of this State, to perform
any duty or to csrry into effect any
trust created by such will, shall have
all the right, powers and authority and
shall be subject to the same liabilities,
actions, and provisions of law respect
ing their duties aud trusts IA executors
administrators with the Will annexed,
and trustees under the same. duly exc
cutcd aud admitted TO probate IL thi.
state.
Sic. 2. The courts in this State
shall, in all such case, have the same
jurisdiction and powers over TIE APP
p0intmsnt, filling vacancies, requiring
rurctics, and enforcing, directing ana
restraining frestrairirgI the perform
ance and execution Of the duties and
trusts of each executors, administrators,
with the will annexed, and trustees, as
are given To sucls courts respecting the
same matters arising under wills duly
executed and admitted to probate in
this STATE
SEC. 8. II there be no heirs or devil
zee Of tcstntor or intestate present or
competent to take possession Of the real
estate left by any such testator or in
tes'a oer,s e,u estate may as % pos IS
.i......,.s l...;....sti. tAslate, snd demand
and receive the rents and profits arising
therefrom, and sue for and recover the
i Iii >fl, ,.t. III
relating TO such real estate which may
he for the benefit of the person entitled
thereto and consistent with their lights
and interests.
SEC. 1. Such executor or admins
traitor shall account to such heirs or de-
Visces for any rents, profits, or use of
such real estate which he shall have re-
Gel, ed, deducting therefrom a reason
able compensation to be determined by
the cour.. .s-..... .... .....
SEC. ). Such executor or admins
traitor, under the order and direction of
the court, may apply any proceeds de-
rived bv him a. aforesaid from such
realcstate, TO the payment oftaXcs, debts
and claims against the estate of the
tcstator or intestate in case the personal
assets are Insufficient. VASE
SEC. 6. 1t shall be the duty OF exc
cutors and administrators, when any of
the heirs of the testator or intestate are
minors, for whom no guardians have
been appointed, to pay out OF any assets
in the hands of any such executors or
administrators, any taxes assessed
against the real or personal estate Of the
decedent before and after his death,
when no other provisions are made
therefor; and every such payment
shall be credited to such executor or
administrator as the payment of other
claims against the estate OF the deced-
cpt.
SEC. 7. After letters testamentary, or
Of administration with the will annex
ed, or of administration, shall have
beencrantcd to any person, he may be
rcnoTed and his letters suspended
whenever the interests of the estate re-
unire it, for any of the following causes:
LIST. When by reason of age, con-
tinued sickness, imbecility Of mind, or
change of residence, or il any such
executor or administrator shall, from
any other cause, become Incapable OF
tii,Vharging his trust in such manner
as the interest and proper management
of the estate may require.
I'd. When any such executor or all
ministrator shall fail or refuse to return
inventories or accounts Of sales Of the
estate, or to make reports of the c0ndi-
ton of the estate and apply for orders
Of the court to sell personal OF real
estate for the payment of debts and
claims against the same when it shall
be Necessary, or shall waste or be guilty
ofnny Observation-Disclosures thelcof
3d.. When it shall be shown to the
court by his sureties that such executor
or administrator has become, or is like
~ to become in3oivcnt, in consequence
OF which such sureties have or will
suffer loss.
SEC. s. Applications for the remov-
al of executors or administrators, or for
the purpose of requiring additional
sureties, shall be made in the court
from which letters were issued, by any
person interested in the estate.
SEC. 8. Such application must be in
writing, and verified by oath, and shall
specify the grounds of complaint.
So. 10. Upon the filing of such APP
plica zion, a citation shall issue to the
person complained of, requiring him
TO appear and answer the complaint,
which citation shall 5e served ten days
before hearing such complaint, unless
sufficient cause be shown for making it
rCturnahle forthwith.
SEC. u. the executor or admins
traitor is not a resident Of the county
where such complaint is. made, notice
same manner as original notices are
NOW, or may hereafter be required to
he served upon the defendants to civil
actions in the District Court, who may
be nun-residents of the county III which
the action is brought. -
SEC. D.. Ifthe determination Of the
Court upon the hearing of the com
plant, is againts the executor or adj
ministrator, he may be removed and
his letters suspended, and he may be
required to file, under oath, full ac-
count of his acts relative to the man
agemcnt OF the estate, and may be ex-
amined under oath as to any matter
touching the same. n-n
SEC. 10. Upon the removal OF any
executor or administrator, he shall be
required, by order of the Court, to de-
liver to the person who may be entitled
thereto, all the property in his hands,
or under his control, belonging to the
estate. 81" u"
i.trator isobtssaa f the executor sss r. Or admin
.--.'''S mas t.'>u,,Ant. or rer,sa, ~. "
examined under o9tiI - " defivef the
may be committed TO the Jail of the
county until a compliance be yielded.
SEC. II. In case of any unnecessary
or unreasonable delay on the part of
any executor or administrators, the
Court may, by citation, compel him to
render an account of the estate, IS if q
complaint had been made for that pur-
pose. r-.. ---, .r.--.-.-
SEC. 49, Whenever the letters of
any executor or administrator are re-
N"tlcd or superseded, all his authority
shall cease aud all acts thereafter as
sgch shall be absolutely void.
CSC. II. All acts or parts Of acts in
consistent with the provisions Of this
act, are hereby repealed. sr..
Approved April 81, 1856.
CHAPTER 40.