, 1879-03-01

f., sum double ihe valne 81 tl.e
the "ianpr0vc,ncnts md "thnhcrH OF the
Of alm!nfstra'ors u ',buel sor Tho a1,n,.nt ,lnt
wa'sld to required of administrators with will
anrexcd. Tt'csa provisions nrc unnecessarily
burdehsune, ns | llopc to show.
Now. 1t IL vol settled that at1Miintserntore
tnks no ttlc tn, ur estate rlCtt, or tltle IT,, rcat
catntc of the ticscs!eme. They l,aro no right to
tcnts, arc not required to nay taxcs, canq9t ~
ply to Court To ren1ors cloud from thu title,
nor to correct q mi*tuke tu lcctl, Or TO remove
MI adverse title. lie takcs only nower to sell,
and mt nn interest, dNd thfs hover tat, be cx-
tct"tctl only Under in order of tic Court for tc
payment VI debts. lie IL not hound to nottce
wcn It Is necessary tt sell II to pay debts Of tie
tleeeasc3. Us ahsyu statsA!. tSee Nosth'a FRO
.ntc rraesice, socs. 43l. A35, IND authorities
there cited.1 ...
Now, do not think am under a mistake ia
shyinE th1t executors havo
NO TOWER OF AMI KIND
more ti1an Administrations llaya uscr real estate
Df The testat0r, either tu SELL rent, Dr ttso IT.
unless such ruwcr Is giYen oy the will, expressly
or by implication. utd aro not rcato!lsibie lor
n,nlstrators. {Scc Prnb. prac., secs. 499, 4i0,)
Administrators with the will annexed have
THO same powers orer 'e estate t'iat uicro a..
illustrators havc,-netl,cr nore or less. TIC
giving tlic executor named tn the Will a power
to tc1 or control lu rcal cRiatB does not confer
that power on an administrator with the will
1n0cxeu, A1!tl somc rcnsons therefor arc x"
pressed fu Ser. 40 ubt>rc rofcrrct to- The exec
usor Is n trustee crented, nltl lila powers over
real estn.e defined, by the Will os the tcstator,
| while tho 0ther Is trustee created
by laT, and can take no power. except
| what the law confers upon hin. Thcro Ia
| executor by all to auy other pcrsnn. In gen
cral, therefore, lie acts as nere administrator.
Administrators Of lotl kit'.ls having, 40 ny
llurn Rccl, no right to snetldfn with tllc TcAl
cstnte OF nj, ustntr, would he trespnsscrs II thry
d. n1,d would be Liable tu tic clr other tres
passcrs would be. Therefore there Is no reason
for requiring tlcn 10 give butd IN an Increased
sum BECAUSE OF improvements atid timber.
IMPROVEMENTS"
Is word OF very bruad import, and includes
''cIcarsnE,n blowing, drafnlng, a1ll fencing o1,
land. MS distinguished frDn land In It's natural
state; also, buildings. orchards, etC. Move nu
executor, not having power over these things,
ought to be responsible for them, nor bud m
t1.uY he responsible lor timber; for the laill,
And improvements, nnl tiln,er, and all right ol
possession md control belong to the hcfr.
| These sections should he modified tn tie pnr.
tlCu1ars haVg objected to.
| The amendments proposed to Sec. % re-
qutrcs tile Court, befure granting an order Vi
sale to pay debts OF n1t estate, to take an ad1t
ttonat bOud from tte administrator Ia Doubt
The susn proposed to bo raised for tho security o
parties Interested. Tlfs nlnY DO q wise prt,
| yle1on, hut, after all, might pruperly be mait
1t II 1t shall appear necessary to sucure parttct
Interested. The FORMER bond might be sufli
ctont without the additional onc.
LEVI NonTH.