Sioux City register. [volume] (Sioux City, Iowa) 1858-1871, 1866-08-11
CHAPTER l39.


Relating to Estates Of Observation-Disclosures Of Exc
cutors and ministrators
An Act to amend Chapter 100, Of the
Revision Of 1860, Of the Laws of Iowa
relstive to the estates of Decedents.
Section l. Be it enacted by the Gen.
eral Assembly of the State of Iowa, That
when will Is executed in another State
or county, and admitted to record in this
State, the executors or administrators,
with tie will annexed, and any trustee
appoirted by such will or by any cour. of
this Safe. to perform any duty or to car.
ry int effect any trust created by such
will, sail be subject to the same liabili-
ties, sctions, and provisions Of law res :
pectint their duties and trusts as execu-
tors administrators with the will annexed
and trustees under the same, duly execut
ed and admitted to probate in this State
Sec. :. The courts in this State shall,
in all sGh cases have the same ;urisdc-
tlon and powers over the appointment,
filing vacancies, requiring sure,ies, and
enforcing, directing and restraining res
srainingI the performance and execution
OF the duies and trusts Of each executors,
administrators, with the will annexed, and
trustees, as are given to such courts res
pecting he same matters arising under
wills duy executed and admitted to pro-
bate in this State.
Sec. 3 II there be no heirs or devisee
OF tesAtor or intestate present or COM
petent e take possession of tho real es
tate left BY any such testator or intestate,
the executor or administrator of his per-
sonsl esAte may, ~ trustee for the prop
er heirs Or devisees. take possession Of
such red estate, and demand and receive
the rents and profits arising thsreirom.
and sue for and recover the ssme, and do
oil other acts acts and things relating to
such real estate which may be for the
benef. Of the person entitled thereto
and consistent With their rights and in
terests.
Sec. l. Such executor or administra-
tor shall account to such heirs or devi-
sees for any rents, profits, or use of such
real estate which he shall have received,
deducting therefrom . reasonable com
pensation to be determined by the court
Sec. D. Such executor or administra-
tor, under the order and direction of the
court, may apply any proceeds desiyed BY
him - afore said from such real estate,
10 the payment Of taxes, debts and claims
against the estate Of the teststor or in.
testste in case the personal assets are in-
sufficient.
See. 6. 1t shall be the duty of execu
tors and administrators, when any Of the
heirs OF the testator or intestate are mi
nors, for whom no guardians have been
appointed, to pay out Of any assets 10
the hands o.: any such executors or ad-
ministrators, any taxes assessed against
the rea! or personal estate of the dece-
dent before and after bis death, when No
other provisions are made therefor; and
every such payment shall DO credited to
such executor or administrator a. the
payment Of other claims against the es-
tate Of the decedsnt
See. 7. After letters testamsntary, or
of administration with the will anne exed,
or Of administration, shall have been
granted to any person, be may be 70
mosed AID bis letters ssseenasd whencv.
Or the fnssrests Of the estate require it,
for sny Of the following causes:
lot. When BY reason of age, cos,in-
ued sickness, imbscility OF mind, or
change Of rssidenc. or if any such exec
utor or administrator shall, from any 9th
er cause, become incapable Of discLarg-