Iowa voter. [volume] (Knoxville, Iowa) 1867-1874, 1870-07-07
CHA PIER .l5s.

azha#G CHA PIEtf los. eftt p rfs
AN act to amend chapter 100 of the re-
visionzof 1860, in relation to the estates
OF Decedents. u zoe "a aH
Section /. Bet enacted By The General
| a ssembiy of the State Of Iomd. That
sections 230s, 2323, 2325. 1926, 1929, 2:,s4,
1895, 1888, 2.J4e, 2a49, 1851, 1852, 1850, 1876,
1856, 1887, 1889, 1891, 1888, 1895, and 2399
of the revision OF 1860, be and the same
are hereby repealed, and there is enacted
in lien thereof, and as such sections the
following: a u. Es..-rg
See. 2 (Sec. 230s.l That all bonds re-
latipg to probate matters shall be filed in
the Office of the clerk Of the circuit court.
and shall not be deemed sufficient until
examined by the clerk, and his approval
endorsed thereon. ~
Sec. 3. f2323.) Any person having the
custody Of a will, shall at the first stated
term OF the court after being informed of
the death OF the testator, bring the same
into open court, where it shall be public
" read or such will may be filed with
and opened by the clerk in vacation.
Sec. (sec. 2325.) After being thus
produced and read, a day shall be fixed
BY the court or clerk, for proving the
same, which day shalt be during term
of court and which hearing may be post
poncd. from time TO time, in the discre-
ton OF the court.
See. 8. (sec 1926 Notice Of such
hearing shall be given, which shall be
signed by the clerk OF the court and adj
dressed to all whom 1t may concern, and
be published i'm weekly ,or daily news
paper, printed i'm the county where the
will il filed, for three consecutive weeks
the last Of which publications shsll bo at
least ten days before the time ii xed for
such hearing. II, however, the court di-
rect other or different kind or notice, it
shall be such as by it prescribed.
Sec. 9. (sec. 1920 Wills shs.lI not be
carried into effect unless thus allowed,
and such allowance is conclusive as 10
the due execution OF the will, unless set
aside by an original or appellate proceed
ing. $3.50
Sec. z. (sec. 1884 They may in each
case consist Of one or more, and if not
designated by will, they may be appoint
ed by the court in term, or in vacation by
the clerk, subject to the approval OF the
court.
Sec. 8. (sec. 2335) If person ap-
pointed executor refuse 10 accept the
trust, or il when duly mott fl ed OF his APP
thirty days and give bond AZ hereinafter
prescribed, or when an executor removes
from the State, Il vacancy viii be deemed
| to have occurred. f
Sec. 8. (sec. 233gl In case of vacancy
the court may appoint a su bstitute, or II
may allow another executor (if there is
another) to proceed by himself in admin
istering the estate. When such vacancy
| leaves the estate without an executor, the
clerk may, i'm vacation, appoint such
substitute, subject to the approval OF the
court.
Sec. 10. fsec 234s) Every executor,
except as herein otherwise declared, be-
fore entering on the dis charge Of his duty,
must give bond in such penalty as the
clerk approves, conditioned for the faith
ful discharge of the duties imposed on
him by law, according To the best Of abii-
tiles. 8sss IA
Sec. IL. (sec. 2;;sol He also take
and subscribe an OATH, the same in sub
stance as the condition or the bond afare-
said, which oath and bond must be fled
with the clerk.
Sec. II. tsec 235l1 After the filing Of
the bond aforesaid. the clerk shall issue
a commission under the seal Of tho court,
giving the executor the powers author
lied bvl aw. AlsN 8e
SEC. IL. (scc. 235o) When for any
cause there iva necessary delay in grant
| ing such commission, the court In term,
or the clerk In vacation, may in their
discretion, appoint Ole or more executors
10 collect and preserve the property Of
the deceased, who shall qualify ~ above
Ircqaifcd. So @..s''.. n 81 ssssss a.ss. 81.
Ss,sTssrsz.