Year: 1859

AT the late session of the Legislator,


the law which we publish below was enac


ed, entitled An act to reform the Probat


system Whether the law, in all its dc


tails, Is calculated to secure the object eN


pressed by its title, is matter we leave t


the Judgment Of our readers. and whateve


their opinion may be upon that point, ther


will certainly be no difference Of opinion
among them as to the absolute and indis
pensable necessity Of the reform itself
The law is as follows, and as everybody i
more or less interested in an efficient pro


bate system, everybody had better read it
-Quincy HeroM


Be 1t enacted Jy tie people cf the STATE Of III
mos, represented IN tie General Assen,bks
That the county courts of this State, judi
cially sitting, shall have concurrent .iuris
| dlctlOn with the circuit courts of this State
In the assignment of dover, in cases where
| petition Is presented for the sale of real es
tate to pay debts; and that where a peti
| ton Is presented for the sale of real estate
OF a deceased person to pay debts, and il
appears there is a dover interest in the
land sought to be sold it shall be lawful
for the court, on the petition OF the person
entitled to dover, or the administrator o
the estate of said deceased, to appoint com
mlssloners to ASST IN dover in such real es
tate, to the person entitled thereto, in the
same manner as is now provided by law
for the assignment Of dover by commis.
sioners, by the circuit courts of this State.


That whenever person having a claim
against an estate shall fail TO present the
same for adjustment at the term of court
selected 10y the administrator, it shall be
the duty of said person, if he wish to pi-os-
Il,
the proper county clerk with an order for
a summons To the administrator !, shall
be the duty of t... clerk upon the filing of
such copy and order TO issue a summons,
directed to the sheriff of the county. re
quiring such administrator 10 appear and
defend such claim. at q term OF court
therein pecificd-which summons. when
served. shall be sufficient notice 10 the ad-
ministrator Of the presentation of said
claim: Proridsd. The same was served ten
days before the return day thereof, IN
which event the court may. IN the absence
of the administrator proceed 10 determine
said cause. In case ten days notice Is not
given. then said cause shall be continued
until the next term of the court unless the
administrator is willing to 60 into the tria!
thereof


When claim is fled dock-tcd. and
service had upon the administrator. the
court snail. AZ the term 10 which the sum
mons is made returnable proceed 70 hear
evidence and deteImine the merits of the
claim. unless for any good cause shown by
either party. the case Is continued until
the next term Of the court Prodf.G No
person making claim against the estate of
any tcstaror or iurc-tate shall be permitted
To prove the same by his or her oath. eX-
ccpt at the term of the court II which the
administrator gives notice Tor the pre-
s.ntation %. claims. when If no object
ions be made 10 sa;d clans al said term by
the administrator OF others Interested.
said claim shall be- deemed just and paid
after allowing all just credit. Its hereby
made the duty Of the court to call the en-
tire docket NJ each term Of the court. and
make such orders in each case A. VIII III
sure a speedy adjustment of the claim
and may dismiss claims for want Of prose
cution


For issuing the summons required by
be entitled to twen;yfiva &c cents Tlti shsshhili shli
shall be entitled to twenty-five cents ior
serving and returning the same. and five
cents per mile for necessary travel in going
10 the residence Of the administrator, tke
cost of issuing summons. aud OF serving
the same. To be paid by the claimant


Before letters OF administration shall b,
/ hereafter issued. the person applying tol
the same shall make and file an a:iidavi,
with the proper county clerk. setting forth
a. near A. NAV he, the date of the death
of the deceased the probable amount o.
, the personal estate, and the names o! the
heirs and widow if known.


II j. hereby made the duty of the coun
" courts of this State 10 enforce the settle
ment of estates within the time now pre-
sCr:bed by law. and upon the failure OF the
executor or administrator to come forward
and make settlement At the next term Ot
court after the expiration Of said time, the
court shall order a citation TO issue, re
quiring the executor TO appear AZ the next
term of the court and make settlement oi
the estate. or show cause why the same Is
not done: and If an executor or admins
traitor fail 10 appear at the time required
bv said citation the court shall order an
attachment, requiring the sheriff of the
county TO bring the body Of said executor
or administrator before the court al a call
ed term, to be fixed by the court, and upon
a failure of an administrator or executor
10 make a settlement under order of the
court, after having been so attached, he
NAV be dealt with as for contempt, ano
| snail De 1OftnNlln removed Nv the court
! and some discreet person appointed in hi.
| stead as administrator or executor of the
! estate The costs of such citation or at
tachinent to be paid by such delinquent
| executor or administrators, and the cour
| shall enter up Judgment therefor on the
| journal Of said court, and fee bill may Is
| sue thereon.


The terms of the county courts of thu
! State for the transaction of probate busi
| ness shall bc held on the third Monday o
each month, instead OF the first Monday
| each month.


Section % of one hundred and ten, en-
! titled wills of the revised statutes o
/ lS4J, is hereby amended 50 as TO requir,


executors and administrators to fix upoI


a term of court, within six months from
the granting of letters testamentary or o
administration for the adjustment OF claim


against estates.


This act shall be construed as to II
clude both administrators and executor


where either are mentioned. This ac


shall take effect and be in force from am


after the first day of June next


THE LAST LEDGER SToEY.-The teacher c


district school in this neishborhood is il


the habit of questioning the children III


der his charge ar to what they know of V:


rious historical characters they happen t


meet with in their books. A few days az
the name of Washington occurred in tn


L