The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-09-01
VOLUME XLHI.
ABSENT WITNESS.

Section 100, Code 1871, il so amended a.
require the clerk, before sending away III
original will, to make aud file certified COP,
v 1872
FOREIGN WILL
To HOS, Code 1871, adj: sor the origins
will may be proved and admitted to recor,
here" 1876
NO BOND; RIGHT OF CREDITOR
+, where the testator, by will, shall direc
that ms executors shall not be required to Civ,
bond, then none shall be required uu 3ess tn
court or the clerk, at any time, should Ia ",
good reason to suspect the executor of fraud
or ADMINISTRATION, in which event i
shall be the duty of the court or clerk to re
quIre bond with good security; and ii II b,
not given, to remove the executor and gran
letters of administration with the will an.
nexed. And, if any creditor of such testator
Will petition the court o. the c ERIK in vacation
under oath, stating his claim, and that he be.
lieves he - in danger of losing his demand
or some Of il, by the bad mana cement of said
estate and the personal insolvency of such
executor, or either, such executor. having had
i've days notice OF such petition shall be re-
4uifed 10 give bond with sureties, TO b a D.
proved by the court, or clerk in vacation. paw
able to such creditor in sufficient sum to
cover his legal demand and conditioned to
save him from all loss Of said demand by
/ reason Of any act of such executor but in
stead Of such bond. such executor may give
/ bond if he had not been relieved from
II by the will 1882.
The Act Of 1878, page 1851 provided for the
/ protection of devisees and legatees as well as
creditors, but, win be seen, the above sec
/ ton only gives to creditors the right to de-
mand security of the executor who has given
no bond
"THE RECEIPT BY AN EXECUTOR
Or any trustee, whether under will or other
Z in me ant for q 40
| the execution of his trust, shall discharge the
person paying 1t from any liability TO see to
the application Of the said money, unless
otherwise expressly provided in the instru-
ment which creates the trust. Z 1885.
AN ADMINISTRATOR DE BoNIs NON
May sue on the bond of any former admins
traitor or executor for money not paid over;
may except to the final or any annual ac
count of Il former administrator or executor
or file bill Of review decree of the court
allowing such account. The court may re-
qure of him an additional bond for moneys so
recovered. 1898.
A COUNTY ADMINISTRATOR
Shall be appointed as required by the code of
1871. The provisions of law as to his quail
fcation, powers and duties are not changed
SHERIFF TO ADMINISTER.
If it is ascertained by the chancellor or |
clerk, that any person has died leaving prop |
erty in the county, and no one will administer |
within six months, and there shall be no |
county administrator, the sheriff of the county |
shall be appointed administrator, to act under |
his official bond as sheriff. He shall not be
compelled to incur costs, except out of the |
estate, and shall be allowed at least ten per
cent commissions. He shall settle at the ter
mination of his Office. 2007.
ADVERTISEMENT OF PERSONALITY
Situated in different counties, which cannot
be conveniently collected together, may be
made by three appraisers in each county, or
by the appraisers appointed for the county
where the letters were granted. 20l5.
NOTICE TO REGISTER CLAIMS
Section il}5, Code 1871, is amended by strik-
ing out that portion requiring notice to credi-
tors to be published within two months after
grant of letters.
If no newspaper is published in the county,
notice may he given by posting. 2026
CLAIMS REGISTERED WITHIN ONE YEAR.
"AH claims against the estate of deceased
person. whether due or not, shall be registered
in the court in which the letters testamentary
or of administration were granted, within one
year after the first publication of notice to
creditors to present their claims; otherwise
the same shall be barred, and no suit shall be
maintainad thereon in any court, even though
the existence sf sHch claim may have been
well known to the executor or administrator;
Drortded that creditors who haze failed to pre-
sent their claims, shall not be barred as to
any surplus that remains after the other debts
registered and allowed, have been fully paid,
if they present and prove their claims before
distribution of the estate. 2OZS-
in lion of Z lI11 Code 1871
BY a strict construction of the present law,
ii has been decided that if the notice to credi-
tors to present claims il not given within two
months after grant of letters, ii is void. 81
Miss 3ls Hence, if by inadvertence neg
lect the administrator fails to give the notice
within the time, though it may be given regu-
larly afterwards, the object Of the law is de-
feated and creditors have indefinite time
to present their claims. This IS changed by
the above sections The notice is to be speed
lily given, and when it is published all claims
are absolutely barred if not registered within
one year. 1t will be seen also that the doctrine
of presentation or notice u the administrator
III lieu of registration, is expressly abolished
And the very just provision is made that
creditors who fail to register their claims in
time shall not be barred as to any surplus
after paying The registered debts.
CREDITOR HAVING ) LIES
On property of decedent may enforce the
lien against the property without registering
the claim; but in such case shall not be emit
fled to any part of the estate that is affected
by the lien. The executor, administrator, or
any creditor may contest the validity of the
lien. 2031.
PRIVATE sALr OF PERSONALITY.
"The court, OF chancellor ia vocation, may
authorize the executor OF administrator " sell ,
any personal property at private sale
2035.
SALE WITHOUT ORDER OF COURT.
THE executor or administrator, without any
order therefor, may sell for cash, either al
public or private sale, any perlshapie Soous
and chatteis or any livestock of the decedenta
whether it is necessary t0I the payment OF
debts and expenses of Rlnlstrauo1 or not
and he may sell any other personal property |
of the decedent necessary for the payment OF
The debts and expenses; prOrided, he shall re-
alize therefor, at least the appraised vaIue OF
suoh property and shall not himself, directly
become the purchaser the me 60 OF
any oteFest therein; such sale shall be re-
nofted to toe court IS in case OF sales maze
by its order zoss
SALE OF LAND-DEvAsrAyIT.
"The fact that she iusufhciency OF the per
so,fal estate arose from the waste OF the e1-
ecntor or administrator shall not be a detehce
- y n sYpIieation to sell land to pay debts, II
such executor or administrator and sureues
ON his bond as such, il cry, are lnsoIvent or
of this state, WHICH may be
shown on the hearing of such application.
AN ADDITIONAL BOND
Shall be fixed by the decree for the sale OF
land. to be executed and approved before the
sale. 2045.
coMMIssIeARR TO MAKE SALE
If the executor or administrator shall fall
to give the bond, after FIVE days notice to such
executor or administrator, the court may APP
noint commissioner, who, after giving bond,