The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1870-06-30
CHAPTER 1853.
AN ACT to amend Chapter 100 o'
the Revision of 1860, in relation te


AN ACT to amend Chapter 100 Of
the Revision Of 1860, in relation to
the Estates of Decedents.
Section l. Be it enacted by tho
General Assembly of the State of
Iowa, That sections 230S, 1928, 1925
1926, 1929, 1884, 1885, 1888, 234S,
2349, 1851, 1852, 1850, 1856, 1887,
23S9, 1891, 1898, 1895 and 2399 of
the Revision of 1860. be and tho
same are hereby repealed. and thero
is enacted in lieu thereof, and as suc'l
sections, the following.
Sec. 2. (Sec. 23Os.) That all
bonds relating 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. (Sec. 2323.) Any person
having the custody of a will, shall, at
the first stated term of the court af-
ter being informed of the death of
the testator, bringing the same into
open court, where it shall be public
ly read; or such will may be filed
with and opened by the clerk in
vacation.
Sec. 4. (Sec. 2325.) After being
thus produced and read, a day shall
be fixed by the court or clerk, for
proving the same, which day shall be
during term of court, and which
hearing may be postponed, from time
to time, IN tho discretion of the court.
Sec. 6. (Sec. 2326.) Notice of
such hearing shall be given, which
shall bo signed by the clerk of the
court and addressed to all whom it
way concern, and be published in a
weekly newspaper, printed in coun.
ty where the will is filed, for three
consecutive weeks, the last OF which
publications shall be ut least ton days
before the time fixed for such as by
it prescribed.
Sec. 6. (Sec. 2329) Wills shall
not be carried into effect unless thus
allowed, and such allowance is con-
elusive as to the due execution of the
will, unless set aside by an original
or appellate proceeding.
Sec. Z. (Sec. 2334) They may
in each case consist Of ono or moro,
and if not designated by will, they
may be appointed by the court in
term or vacation by the clerk, SUBJ
ject to the approval of tho court.
Sec. 8. (Sec. 2335.) If u person
appointed executor refuse to accept
the trust, or if when duly notified of
his appointment, he neglects to ap-
pear within the thirty days and give
bond as hereinafter prescribed, or
when an executor removes from tho
State, vacancy will be deemed to
have occurred.
Sec. 0. (Sec. 2339D In case of
vacancy the court mayl appoint q
substitute, or it may allow another
executor (if there is another) to pro-
ceed by himself in administering the
estate. When such vacancy leaves
the estate without an executor, the
clerk may, in vacation, appoint such
substitute, subject to tho approval of
tho court.
Sec. 10. (Sec. 23is.) Every exc
cutor, except as herein otherwise
declared, before entering on the dis
charge of his duty, must give bond
in such penalty as the clerk approves
conditioned for tho faithful discharge
of the duties imposed on him by law
according to the best of his abilities.
See. IL. (Sec. 2349.) He must also
take and subscribe an oath, the Same
in substance as the condition of the
bond aforesaid, which oath aud bond
must be filed with the clerk.
Sec. II. (Sec. 2351.) After the fil-
ing of the bond aforesaid, the clerk
shall issue commission under the
seal of the court, giving the executor
the powers authorized by law.
ESec. l3. (Sec. 2352.) When for
any cause there is necessary delay
in granting such commission, tho
court in term, or the clerk in vaca-
ton, may in their discretion, appoint
ono or moro executors to collect and
preserve the property Of the deceas.
ed, who shall quality as above re-
quired.
TConcluded on fourth page