Tama County Republican. (Toledo, Tama County, Iowa) 1867-1872, 1870-06-30

e 30, 1870.
tice, it shall be such as by it pre-.
scribed
Sec 9. (Sec 2s29) 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. .. (Sec. 2334) They may
in each case consist Of one or more,
and il not designated by will. they
may be appointed by tho court in
term. or in vacation by the clerk,
subject 20 the approval of the court.
Sec. 8. (Sec. 23S5.l II aperson
appointed executor refuse TO accept
the trust, or il when duly notified OF
his appointment. he neglects to ap.
pear within thirty days and give bond
as hereinafter prescribed, or when an
executor removes from the State, a
vacancy will be deemed to have oc-
Cured.
Sec. 9. (Sec. 2339.) In case OF
vacancy the court may appoint eub
s,itute, or it may allow another exec
utor tit there is another) TO proceed
by himselfin administering the estate.
When such vacancy leaves the estate
without an executor, the clerk may,
in vacation, appoint such substitute,
subject to the approval Of the court.
Sec. 10. (Sec. 234s.) Every ex-
ecutor, except as herein otherwise de-
clarcd, before entering on the dis.
charge Of his duty, must give bond
in such penalty as the clerk approves,
conditioned for the faithful discharge
Of the duties imposed on him by law,
according to the best Of his abilities.
Sec. IL. (Scc. 2340) He must
also take and subscribe an oath, the
same in substance as the condition Of
the bond aforesaid, which oath and
bond must be filed with the clerk.
Sec. l2. (Sec. 235l.) After the
filing Of the bond aforesaid, the clerk
shall issue commission under the
seal Of the court, giving the execu.
tor the powers authorized by law.
Sec. l3. (2352) When for an,
cause there is necessary delay in
granting such commission, the court
in term. or the clerk in vacation, may
IN their discretion, appoint one or
moro executors to collect and pre-.
serve the property Of the deceased,
who shall qualify as above required.
Sec. "A. (Scc. 236O) Within th,r.
ty days after their appointment, uu-
less tor good cause an extention Of
that time is specially given by the
court, or if in vacation, by the clerk,
the executor shall make and return
to the clerk, an inventory Of all the
personal effects OF the deceased OF ev.
cry description, which have come
within their knowledge, en- mbracing all
book accounts which appear by the
books Of papers Of the deceased to be
unsettled.
Sec. Is. (Sec. 2376) Before any
order to that effect can be made, all
persons interested in such real estate,
shall be served with notice in the
same manner as prescribed for the
commencement of civil actions.
SEC. 16. (Sec. 1885, Where real
estate is sold, conveyances thereof
executed by the executors, pass to
the purchaser, all the interest Of the
decedent therein; but such convey
ancc shall not be valid until approved
By the court.
SIC. II. (Sec. s3s7.) Such ap-
proval shall be entered Of record
A certificate thereof must be endors-
ed upon the deed with the signature
Of the clerk and the seal Of the court
affixed thereto, and the deed so en-
dorsed shall be presumptive evidence
Of the validity OF the sale, and Of he
regularity Of all the proceedings con.
nected Herewith.
SEC. Is. (Sec. 23s9.) The execu-
tors shall within thirty days after the
receipt Of their commission, publish
notice oftheir appointment, either by
posting or BY publication in a news
paper, in such manner as the court,
or if in vacation, the clerk may direct;
which direction shall be endorsed on
the commission when issued.
SEC. 10. (Sec. 2S9l.) Claims
against the estate must be clearly
stated. sworn to and filed; if the
claim be less than one hundred dol.
lars, ten days notice of the hearing
endorsed on copy Of the claim must
be served upon one Of the executors
IN the manner required for commenc
ing actions in the district court. The
executor may, with the appreciation
Of the court, admit claims with the
correctness Of which he is satisfied,
but not until the claimant has sworn
to their correctness; and the like rule