The Iowa transcript. (Toledo, Tama County, Iowa) 1858-1866, 1866-08-15

derived by Linn as aforesaid from such
real estate, to the payment of taxes.
debts, and claims against the estate Of
the test ator or intestaie III case the per.
sonal are assets insufficient
Sec. &. 1t shall be tae dNty Of exc
cutors and administrators, when any Of
the heirs Of the tcstator or lntestate are
minors, for whom TO guardians have
been appointed, to pay out Of any as.
sets in the hands OF any such executors
or administrators, any taxes assessed
against the real or personal estate of
the ,teccicut before and after his death
when no other provisions are made
therefor; ana every such payment shall
be credited to sUGA executor or admin
istrator as the payment of other claims
against the estate of the lecedent.
Sec I. After letters testamentary,
or Of administration with the will an
nexed, or Of admin stration, shall have
been graded 10 any person, he may be
removed and his letters suspended
Whenever the interests Of the estate re
quire it, for any Of the following causes:
Isl. When by reason of age, cen.
tinued sickness, imbecility Of mind, or
change OF residence, or if any such ex
ecutor Of administrator shall, from any
atner cause become incapable OF dis
charging his faust in such manner as
thu interest and proper management of
the estate may require.
2l. When any such executor or adj
,ninistrator shall fail or refuse to return
inventories or accounts Of sales Of the
estate, OF 10 make reports Of the condi
ton Of the estate and apply for orders
Of tie court 20 sell personal or Iea! 60.
tate for the payment Of debts and claims
against the same when it shall be nee
essarv. or shall waste Or be guilty Of
any nal al ninistra;ion thereof.
Sd. When ii shall be shown TO the
court by bis sureties that such executor
or administrator has become, or is like
II 20 become insolven', in consequence
Of which such sureties have or will sui
FER loss.
Sec. s. Applications for the removal
OF executors or administrators, or for
he purpose Of requiring additional
sureties, shall be made in the court
from which letters were issued, by any
person interested in the estate.
See. Q. Such application must be in
wiring. and verified by oath, and shall
specify the grounds of complaint.
See. 10. Upon the fling Ct such ap
plication, a citation shall issue to the
person complained of, requiring hun to
appear and answer the complaint, which
citation shall be served ten days before
hearing such complaint, unless suite
lent cause be shown for making it re-
turnable forth with.
Sec. II. Il the executor OF admins.
traitor is rot resident Of the county
whore such complaint is made, notice
thereof shall be served upoa him in the
same manner as original notices are
now, or may hereafter, be required to
lie served upon defendants to civil &C.
items in the District Court, who may be
non residents of the county in wbich
the action Is brought.
Sec. L. # the determination Of the
! Casit upon tie hearing Of the com
/ plant, IS a4a.nst the execute. or al,
niais,ra'or, he may be removed and
bis letters suspended, and he may be
required % fla, under oath, fall &C
| count OF his acts relative 10 the manage
merit Of the estate, and may be exam
lnei ander oath as 10 any matter touch
nc the same.
See. Il. Upon tie removal Of any
executor or administrator, he shall be
required by oder Of the Court, to de-
liver 70 the person who may be entitled
thereto, ali the property il his hands,
or under lis control, belonging to the
estate.
See. Il. # sucl. executor or admin.
'strator disoleys the order Of the court
ii fling his account, or refuses 10 be
examined under oath, or to deliver the
| property, as provided in this Act, he
may be committed TO the Jail Of the
county until a compliance be yielded.
Sec. Is. In ease OF any unnecessary
OF unreasonable delay on the part o.!
any executor or administrator, the
Court may, by citation, compel him to
render an account Of the estate, as if a
complain! had been made for that pur
pose.
See. &c. Whenever the letters Of
any executor CT administrator are re
vokei o. superseded, all his authority
shall cease, aud all acts thereafter as
sacA shall be absolutely void.
Sec. ~. All acts or parts Of acts
inconsistent with the provisions Of this
act, ale hereby repealed.
Approved April Sd, 1866.