The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1866-08-29
tied thereto and consistent with their rights

tied thereto and consistent with their rights
and interests.
Sec. 4. Such executor or administrator
shall account to such heirs or devisees for
any rents, profits, or use of such real es-
tate which he shall have received, deduct
ing therefrom reasonable compensation
to be determined by the court.
Sec. 5. Such executor or administrator,
under the order and direction of the court,
may apply any proceeds derived by him
as aforesaid from such real estate, to the
payment Of taxes, debts and claims against
the estate OF the testator or intestate in
case the personal assets are insufficient.
Sec. .. 1t shall be the duty Of execr-
tors and administrators, when any of the
heirs of the testator or intestate are minors.
for whom no guardians have been appoint
ed, to pay out of any assets in his hands
OF any such executors or administrators,
any taxes assessed against the real or per-
sonal estate of the dccedent before and af-
ter his death, when no other provisions are
made therefor; and every such payment
shall be credited to such executor or ad-
ministrator as the payment of other claims
against the estate Of the decedent.
Sec. I. After letters testamentary, or
of administration with tho will annexed.
or OF administration, shall have been
granted to any person, he may be removed
and his letters suspended whenever the in
terests of the estate require it, 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 ad-
ministratOr shall, from any other cause be-.
come incapable of discharging his trust in
such manner as the interest and proper
management of the estate may require.
I'd. When any such executor or ad-
ministrator shall fail or refuse to return
inventories or accounts of sales of the es-
tate, or to make reports Of the condition
of the estate and apply for orders of the
court to sell real or personal estate for the
payment of debts and claims against the
same when it shall be necessary, or shall
waste or be guilty of any isal-administr;,-
ton 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.
Sec. s. Applications for removal of ex-
ecutors or administrators, or for the pur-
pose of requiring additional sureties, shall
be made in the court from which letters
were issued, by any person interested in
the estate.
Sec. 9. Such application must be in
writing, and verified by oath, and shall
specify the grounds of complaint.
Sec. 10. Upon the filing of such appli-
cation, citation shall issue to the person
of, requiring him to appear
and answer to complaint, which citation
shall be served ten days before hearing
such complaint, unless sufficient cause be
shown for making it returnable forthwith.
Sec. IL. If the executor or administra-
tor is not resident of the county where
such complaint is made, notice thereof
shall be served upon him in the same MAN.
ner as original notices are now, or may
hereafter be required to be served upon
defendants to civil actions in the District
Court, who may be non-residents of the
county in which the action is brought.
Sec. II. If the determination of the
Court upon the hearing of the complaint,
is against the executor or administrator,
he may be removed and his letters suspen-'
ded, and he may be required to file, under
oath, full account of his acts relative to
the management of the estate, and may be
examined under oath as to any matter
touching the same.
Sec. l3. Upon the removal of any ex-
ecutor or administrator, he shall be requir-
ed, b., order of the Court, to deliver to the
person who may be entitled thereto all
the property in his hands, or under his
contAol, belonging to the estate.
Sec. Il. If such executor or adminis-
traitor disobeys the order of the Court in
filing his account, or refuses to be examin-
ed under oath, or to deliver the property,
as provided in this act, he may be commit
ted to the Jail of the county until COM
pliance be yielded.
Sec. Is. In case of any unnecessary or
unreasonable delay on the part of any ex-
ecutor or administrator, the Court may, by
citation, compel him to render an account
of the estate, as if complaint had been
made for that purpose.
Sec. l6. Whenever the letters of any
executor or administrator are revoked or
superseded, all his authority shall cease,
and all acts thereafter as shall be absolute
ly void.
Sec IL. All acts or parts of acts incon-
sistent with the provisions Of this act, are
hereby repealed. .......
Approved April Sd, 1866.