The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1866-10-11

IA. Such executor or administrator
shall account to such heirs or devisees
for any rents, profits, or use Of such real
estate which he shall have received, de-
Quoting therefrom reasonable compen-
sation to be determined by the court.
is. Such executor or administrator,
under the order and 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 estate Of the tes-
tator or intestate In case the personal
assets are insufficient.
l6. It shall be the duty Of executors
and administrations, when any Of the
heirs Of the testator or intestate are mi
nors, for whom no guardiaps have been
appointed, to pay out Of any assets in
the hands Of any such executors or ad-
ministrators, any AAxes assessed against
the real or personal estate Of the dece-
dent before and after his death, when no
other provisions are made therefor and
every such payment shall he credited to
such executor or administrator as the
payment Of other claims against the
estate of the decedent.
a.. After letters tcstamentary, or of
administration with the will annexed,
or of administration, shall have been
granted to any person, he may be re-
moved and his letters suspended when
ever the interests Of the estate require 1t,
for any of the following causes:
lst. When by reason of age, continued
sickness, imbecility of mind, or change
of residence, or If any such executor or
administrator shall, from any other
cause, become incapable of discharging
his trust in such manner as the interest
and proper management of the estate
may require.
2A When any such executor or ad-
ministrator shall fail or refuse to return
inventories or accounts of sales Of the
estate, or to make reports Of the condi-
ton of the estate and apply for orders OF
the court to sell personal or real estate
for the payment Of debts and claims
against the same when it shall be nec-
essary, or shall waste or be guilty of any
mal-administration thereof.
Sd. When it shall be shown to the
court by his sureties that such executor
or administrator has become, or is likely
to become insolvent, In consequence OF
which such sureties have or will suffer
loss.
ss. Applications for the removal OF
executors or administrators, or for the
purpose Of requiring additional sureties,
shall be made In the court from which
ested in the estate.
40. Such application must be In writ
ing, and verified by oath, and shall spec
ify the grounds of complaint.
3 10. Upon the filing of such applica.
tion, citation shall issue to the person
complained of, requiring him to appear
and answer the complaint, which cita
tion shall be served ten days before hear.
ing such complaint, unless sufficient
cause be shown for making it returnable
forthwith.
IL. If the executor or administrator
is not resident Of the county where
such complaint is made, notice thereo
shall be served upon him in the same
manner as original notices are now, ol
may hereafter, be required to be served
upon defendants to civil actions in tht
District Court, who may, be non-resi
dents of the county in which the actor
is brought.
II. If the determination of the cour
upon the hearing of the complaint, /.
against the executor or administrator
he may be removed and his letters sus
pended, and he may be required to file
under oath, full account of his net.
relative to the management Of the estate
and may be examined under oath as t.
any matter touching the same.
l3. Upon the removal Of any execu
tor or administrator, he shall be requir
ed, by order of the court, to deliver t.
the person who may be entitled thereto
all the property in his hands, or unde
his control, belonging to the estate.
IA. If such executor or administrato
disobeys the order Of the Court in filing
his account, or refuses to be examined
under oath, or to deliver the property
as provided in this Act, he may be com
mitted to the Jail of the county until {
compliance be yielded.
Is. In case Of any unnecessary ol
unreasonable delay on the part of any
executor or administrator, the cour
may, by citation, compel him to render
an account of the estate, as If complaint
had been made for that purpose.
| 16. Whenever the letters Of any ex
ecutor or administrator are revoked OIL
superseded, all his authority shall cease
and all acts thereafter as such shall b.
absolutely void.
s17. All acts or parts Of acts inconsist
ent with the provisions of this act, are
hereby repealed.
Approved April Sd, 1885.
| CHAPTER 14O.
/ REPRESENTATIVE pisTRIcrS