The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1866-08-25
LAW S OF low A
CHAPTER l39.

CHAPTER l3o.
Relating TO Estates Of Dccedents-Duf oj
Ezecsltors and Adminisfrators.
AN ACT to amend Chapter 100, Of the Revisior
Of 1860, 6f the Laws Of lows, relative te ID.
estates Of Deeedents.
SEcrios !, IL n enacted BY fAe General Assen-
Sy offae .&ale Of Fo@n, That when a will Ii
executed in aAother State or county. and admitted
to record in this State, the executors admins
traitors, with dhe will annexed and any trustes
appointed by |such viii OF by any court of tail
State, TO peffdrm any duty or to amy into effect
any trust creaked by such ~iil. shall have all The
rights. powers and authority, and shall be subjec,
to the liabilities, actions and prori.isns oi
Law respecting their duties and trusts executor
administrator with the will annexed. and trus
tees under the same, duly executed and admitted
to probate in ibis state.
Sec. 2. The courts in this State shall, In al
such cases, AsFe the same Jurisdiction and pow err
over the appointment, filing vacancies, requiring
sureties, and Snforeing. directing and restraining
(restrAininyI the performance and execution OF
the duties and trusts Of each executors sdtninis-
traitors with the will annexed, aud trustees as are
given to such courts respecting the same matters
arising under wills duly executed and admit to
probate in this State.
Sec. .. Ifthers be no heirs dcrisec Of a tes-
tator intesate present competent to take pos
session Of the real estate left by any such tssaor
or intcstate, the executor or administrator Of his
personal estatc may, As trustee for the proper
hers devisees, take possession Of such real es-
tate, aud demand and receive the rents and proGts
arising therefrom, and sue for and recover the
came, and do al other acts and things relating to
such real estate which may be for the benefit Of the
person entitled thereto and consistent with their
rights and interests.
Sec. I. Such executor or administrator shall
account TO such heirs or deyisees for any tents,
profits, use Of such real estate which be shall
have received, deascting therefrom . reasonable
compensation to be determined by the court
SEQ. s. Such executor or administrator,
under the order and the direction Of the
court, may apply any proceeds derived by
him ~ Aforesaid from such real estate, to
the payment Of taxes, debts, and claims against
the sstate Of The tsstator intesate in case the
personal asssts arc insuAsient
See s. II shall Be the duty Of executors and
administrators, when any Of the heirs Of the testa-
ter or intsststs sre minors for whom no gaard
have been appointed, 10 pap cut Of any assets in
the hsnda Of any such executors administrators,
any taxes ssssssed against the real personal es-
tate Of the dc6sdent before and after his death,
when NO other prov isions are made therefor: and
every such payment shall be credited TO such
executor or administrator - the payment Of other
claims against the estate Of the decedent.
Sec. I. After letters testamentary, OF ef sd-
trssiop, shall have been granted to any person. be
may Be- renoved and his letters suspended vhs /
ever the interests Of ts estate require IL, for any
Of the following causes:
Ist. when BY reason Of age, continued sickness,
imbecility Of mind. or change of residence, or il
any such executor or administrator shall from ny
other cause become incapable Of dischareing his
trust in such manner rs the interest and proper
management Of the estate may require.
I'd. When any such executor or administrator
shal fail or refuse to return inventories or &C
counts of sales Of the estate to make reports Of
the condition Of the estate and apply for orders o
tho cour 10 sell personal real estate for the pay
ment Of debts or claims against the same when il
shall be necessary, or shall waste or be guilty o
any NAL adninlstrstion thereof.
Sd. When it shail be shown to the court by hi.
sureties thAk such executor or administrator has
become or is likely to become insolvent, in conse-
quence Of which such surities have will suffer
loss,
So. ., Applications for the removal Of execu
tors or adninistrAtors, or for the purpose Of re-
quiring additional sureties, shall be made in the
court from which letters were issued by anypersor
interested In the estate.
Sec. .. Such application must be in writing
and verified BY oath, and shall specify the ground'
Of complaint.
Sec 10 Upon tho fling Of snch application,
citation shall issue to the person complained Of
requiring him to appear and answcr the complaint
which citation shall be served ten days hefor'
hearing such complaint, unless sufAeient cause b
shown for making it returnabe forthwith.
Sec. II. II the executor or administrator is no
. resident Of the county where such complaint Il
made, notice thereof shall be served upen him il
the same manner rs original notices are now, O.
may hereafter, be required to be served upon de
PENDANTS to civil actions in the District Court, VIII
may be non-residents Of the county in which tn
aetion Ia brou 1ht.