The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1917-04-12

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an executor or administrator TO comply
with any provision OF this section shall
DO cause for removal. An executor or
administrator residing out of the state
shall not appoint his co-executor or CO.
administrator. residing In the state. as
| his agent
Section l. section nine of chapter
seventy-two OF the revised statutes Is
| hereby amended by striking out tho
words give notice Of their appoint
/ ment and make return thereof to the
| registry OF probate In tho manner pro-
| vidod by law relating to notices of ap-
pointment by executors and admlnistra-
tors They In the nrst. second. third
and fourth lines OF rsid section. SO that
said section. az arnended, shall read as
follows:
| Section Q. Such guardians shall have
| custody Of tho persons OF their wards
II resident in the state. except 80 far
| az the court of probate may from time
to time otherwise order; and every
guardian appointed over any person for
| gambling. idleness drinking or do
bauchery. shall lnculcate upon him
| habits OF sobricty and industry. and
| when of sufficient health and strength.
with tho appreciation Of tho Judge, may
bind him out TO labor. not exceeding
| six months at any ono time. or employ
him in his own service; giving credit
| for his earnings, or such sum as he
| receives therefor
Section s. Section ten OF chapter sew
enty-two Is hereby amended by striking
| out the words Ito giving notice Of ap-
pointment and In the nHSt to the last
limo In said section. so that said SIC
| ton as amended shall read as follows:
Section TO- Whenever any person
shall deem himself untitled. by reason
| OF infrmtles OF age or physical dis
ability to manage his estate with pru-
| dence and understanding he may apply
to the Judge OF probate for the county
j In IUh ha for he IA n +
| mont of a conservator OF his estate.
and thereupon the Judge OF probate
may upon hearing. after such notice as
| he may order. appoint some suitable
person az conservator OF his estate.
| and such appointment shall not dis
| franchise the person for whose estate
such conservator IL appointed The
person SO appointed shall give bond to
| the judge Of probate. in such sum and
with such sureties resident In the stnte.
or with a surety company authorized TO
do business In the state. as surety as
| tho Judge accepts, conditioned as pro
vided in section twelve. and all provls-
Ions OF law relating TO the manage
ment Of estates of adult persons under
guardianship shall apply to such con-
servator.'
Section 6 Section ninety-nye OF chap
ter eightystx OF the revised statutes Is
hereby amended by striking out the
words AFFIDAVIT has been filed In the
|
pointment has been given by him" and
inserting in their place the words he
! has qualified as such e% ecutor or ad-
Illustrator and by striking out the
words sections sixteen and" In the
I eleventh line and Inserting In place
| thereof the word section, 50 that such
section as amended may read az fol
| lows;
Section Is II a person entitled to
| bring, or liable to any action before
t.N,,. 4 LnFs lat - .t,
days after the expiration OF the time
herein limited therefor. and the cause
| Of action survives. the action may be
commenced by the executor or admin
| istrator at any time within eighteen
months after his appointment, and mol
afterwards II barred by the other pro-
visions hereof: actions on such claims
| may be commenced against the execu-
tor or administrator. aftor one year,
| or within one year subject to continu-
| anoe without costs and within eight
cen months after he has qualified as
such executor or administrator and
not afterwards. n barred by the other
provisions hereof. except rs provided In
| section eighteen Of chapter nlnetytwo.
| Section T. Section fourteen OF chap
ter ninety-two OF tho revised statutes
is hereby amended by striking out the
words affidavit has been filed In the
registry of probate that notice has been
| given by said executor or admnistra-
| LOT OF MS appointment Aill lllStitlnh
! the words his qualification as such OK
ecutor or administrator. and by strik-
| ing out the word Sixteen" in the
| thirteenth line. so that said section as
amended shall read as follows:
Section IA. All claims against estates
OF deceased persons. except for legacies
and dLstrbutlve shares and for labor
and materials for which suit may be
| commenced under section thirty-four OF
chapter ntnety-six, shall be presented tc
the executor or administrator In writ
| Ing, or filed In the registry OF probate
supported by an affidavit of the claim
ant. or OF some other person cognlzant
| thereof either before or within eight
| cen months after his qualification as
such executor or administrator; and no
| action shall be commenced against such
executor or administrator on any such
claim until thirty days after the pre-
| sentatlon or Ming OF such claim as
above provided. Any claim not so pre-
scented or filed shall he forever barred
against the estate, except as provided
| in sections seventeen. nineteen and
| twenty-five Of this chapter
Section s. Section fifteen OF chapter
ninety-two OF the revised statutes Is
hereby amended 50 as to read as fol
| lows:
Section 10. Actions against executors
or administrators. on such claims II
| brought within one year after theit
qualification. shall be continued with
out cost to either party. until said year
expires and be barred by tender OF
tho debt within the year. except actions
on claims not affected by tho Insolvency
Of the estate and actions of appeals
from commissioners of Insolvency or 9TH
er commissioners appointed by the
Judge Of probate. No action shall be
maintained against an executor or ad-
Illustrator on claim or demand
| against the estate. except for legacies
| and distrlb'itve shares. and except az
provided In section eighteen. unless
| commenced and served within twenty
months after his qualification as such
executor or administrator. When All
executor, or administrator. guardian on
testamentary trustee residing out OF the
state, has no agent or attorney in the
state. service may be made on one OF
his sureties In the same manner and
with the same effect as II made on
him.
Section o. Section sixteen of chapter
Twenty-Five of the revised statutes is
| hereby repealed.
ninety of the revised statutes is
hereby amended by striking out the
whole OF said section and inserting In
place thereof the following:
Section 20 When an executor or sd-
Illustrator after qualification dies re-
signs, or Is removed. without having
fully Administered tho estate and n
new administrator Is appointed. such
new administration shall be deemed TO
be a continuation Of tho preceding ed-
minstrstion, and all limitations which
could be claimed for or against thu
predecessor may be claimed for or
against such successor: Provided. how
over. that the time when there Is nc
representative OF the estate shall not
be reckoned as part OF the periods for
tho Ming or proof OF claims or limita-
lions for bringing suits: and sucl
pcriods and generally the periods re
terred to where no provisions TO ths
contrary Is made. shall be reckoned
exclusive OF such time
Section IL. Section twenty-one OF
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