The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1870-06-17

S"uit ditet ueAHS AnIoi Wcu VI tut
death Of the testator, bring the
same into open court, where i,
shall be publicly read or such will
may be filed with and opened by
the clerk in vacation.
Sec. 4. (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 the discre-
tion of the. court.
Sec. S. (Sec. 2s2s.) Notice Of
such hearing shall be given, which
shall be signed by the clerk of the
court and addressed to all whom it
may concern, and be published in q
weekly, or daily newspaper, print
ed in the county where the will is
filed, for three consecutive weeks,
the last of which publications shall
be at least ten days before the
time fixed for such hearing. If,
however, the court direct other or
different kind OF notice, i, shall be
such as by it prescribed.
Sec. 6. (Sec. 2329.) Wills shall
not be carried into effect unless
thus allowed, and such allowance is
conclusive as to the due execution
Of the will, unless set aside by an
original or appellate proceeding.
Sec. 7. (Sec. 2334.) They may
in each case consist of one or more,
and if not designated by will, they
may be appointed by the court in
term, OR in vacancy by the clerk,
subject to the approval of the
court. s-
Sec, 8. (sec. 2335.) If a per-
son appointed executor refuse to
accept the trust, or if when duly
notified of his appointment, he
neglects to appear within thirty
days and give bonds as hereinafter
prescribed, or when an executor
removes from the State, a vacancy
will be deemed to have occurred.
Sec. 8. (2s39.) In case of a
vacancy the court may appoint a
substitute, or it may allow another
executor Gf there is another) to
proceed by himself in administering g
the estate. When such vacancy
leaves the estate without an exec
utor, the clerk may, iu vacancy,
appoint such substitute, subject to
the approval Of the court. v
Sec. 10. (Sec. 234s.) Every ex-
ecutor, except as herein otherwise
declared, before entering on the
discharge Of his duty, must give
bond in such penalty as the clerk
approves, conditioned for the faith
full discharge of the duties imposed
on him by law, according to the
best OF his abilities.
Sec. IL. (Sec. 2s4o.) He must
also take and subscribe an oath,
the same in substance as the con-
dition of the bond aforesaid, which
oath and bond must be filed with
the clerk. ~..s 2'--4
Sec. ~. (Sec. 2s51.) After the
filing Of the bond aforesaid, the
clerk shall issue a commission un-
der the seal OF the court, giving
the executor the power authorized
by law. -...- -s --. ...s
Sec. Is. (Sec. 2352.) When for
any cause there is a necessary de-
lay in granting such commission,
the court in term, or the clerk in
vacation, may in their discretion,
appoint one or more executors to
collect and preserve the property
of the deceased, who shall qualify
rs above required.
See. IA. (Sec. 2360.) Within
thirty days after their appointment,
unless for good cause an extension
of that time is specially given by
the court, OF if in vacation, by the
clerk, the executors shall make
and return to the clerk, an invent
ory of all the personal effects of the
deceased Of every description,
which have come within their
knowledge, embracing all book ac-
counts which appear by the books
or papers Of the deceased to be un-
settled.
Sec. Is. (Sec. 2s7e.) Before
any order to that effect can be
made, all persons interested in such
estate, shall be served with notice
in the same manner as prescribed
for the commencement OF civil ac-
tlons.
Sec. le. (Scc. 2sse.) Where
real estate is sold, conveyances
thereof executed by the executors,
pass to the purchaser, all the in.
terest of the decedent therein: but
such conveyance shall not be valid
until approved by the court.
/ Sec. II. (Sec. 23s7.) Such ap-
| proval shall be entered Of record
a certificate thereof must be en-.
dorsed upon the deed with the sig
nature of the clerk and the seal OF
the court affixed thereto, and the
deed 30 endorsed shall be presump.
tive evidence of the validity Of the
sale, and Of the. regularity Of ali
the proceedings connected there.
with.
Sec. Is. (Sec. 2ss9.) The ex
ecutors shall within thirty days af:
ter the receipt oftheir commission,
publish notice Of their appoint
ment, either by posting or by pub