The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1870-10-06

such "a by 1t prescribed.
26. q 532o.} Wills shall not be ca
ried into effect unless thus allowed, an
such allowance is conclusive as to tn
due execution Of the will, unless SO
aside by an original or appellate pre-
- cceding.
sec. :. a 2&Hl They may in eacl
J. case consist of one or more. and II no
designated by will, they may be appoin,
- cd by the court in term, or In vacation
>, by the clerk, subject to tho approval o
Is the court.
Sec. :. u 23&5.J ljarer-on appoint
e cd executor refuse to accept the trust, o,
G If when duly notified of his appointment
!. he negIects 10 appear within thirty day,
# and give bond as hereinafter provided
: or when an executor removes from the
State, vacancy Will be deemed to have
occurred.
! Sec. Q. l>ec. 2339l In case Of vacaa,
cy the court may appoint u substitute
or 1t may allow another executor, iii
there he anothcrJ to proceed 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 the
approval of the court
Sec. 10. Sec. 23ls) Evcry executor
except IA herein otherwise declared.
before entering upon the discharge Of
his duty, must give bond in such PEN
atty a. the clerk approves, conditioned
for tho faithful discharge of the duties
imposed ON him hy law, according to
the best Of hi- abilities.
Sec. II. lScc. 23lnI lie 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. -. iSec. 231I.l Afer the fl.
ing of the bond aforesaid the clerk sbail
issue commission under the seal Of
the court, giving the executor the now
ers authorized hy law,
sec Is. tSec. 2i52.l When for any
cause there Is necessary DELAY in grant
''E such commission. the court in term
or VI" c'efk IN vacation, may in their
u'scfetion, appoint one or more cxecu-
tors to collect and preserve tho propertv
OF the deceased, who shall qtialify ~
above required.
See. IA. (Sec. 236l.l Within thir,v
days alter their appointment. unless for
good cause ali extension OF that .;,.,
specially given 10y the court, or if in va
cation, by the clerk, the executors shall
make and return 10 the clerk, an jpvau.
tory OF all the personal effects of tho
deceased Of every description. which
have come within their knowlsds,e
embracing all book accounts which
appear by the books or papers of th.
deceased to Lr unsettled.
See. -. lSec $500 Before any order
to that effect can he made. nil neranna
interested in such real estate, shall be
served with notice in the same nauner
as prescribed for the commencement of
civil actions
Sec. lG. lSec. 23oJ,) Where r,al O..
tate is sold, conveyances thereof exac,-
TED be the executors pass to the purcha-
ser, all the interest of the ,leeedent
thefelh; but such conveyance shall no.
be vaIid until ap proved by the court.
sec. II. tSec 43h1l Surh annrov,l
snail he entered of record. A corti6.
cate thereof must bo endo sed upon the
oeed with signature Of the clerk and
'he seal OF the court affixed thereto, and
the deed SO endorsed shall be presump-
tive evidence Of the validity of the sale
and OF the regularity of all the proceed.
ings connected Herewith.
Tec, II, l;'cc. @3o9.J The executors
snail Within thirty days after the recent
o' thelF commission, publish notice OF
.hc'f appointment, either by posting or
'y publication in newspaper, in such
manner a. the court, ori in vacation.
the clerk may direct; which direction
shall be endorsed OH the commission
when issued.
See. Ii. (Scc. 239l.) Claims against
must be clearly stated, sworn to end filed
II the claim be less than one hundred
dollars, ten days notice Of the hearing
endorsed on copy of the claim must be
served upon one of the executors ia the
mannerre1uircd lotcotnmcuctug actions
IN the district court. The executor
may, with the appreciation Of the court.
admit claims with the correctness of
which he j. satisfied, but not until the
claimant has sworn to their correctness;
ana the like rule shall he Observed in
relation To payments or set~on3 to any
demands due the estate.