Year: 1870

lPublished January %, 1870. .s..F s.frs-.
S CHAPTER 1.-GENFRAI = .... -,4
AN ACT in relation to the settlement of accounts


IN certain cases.


The people of the state of Wisconsin. renresepsed


in senate ana assembly, do enact as follows:


Section / In case any sole or-suryfving executor
or administrator has heretofore died or shall here
after die leaving his accounts as such executor or
administrator unsettled, no actien SHAH be enter
tanned by any court, upon the administration bond
of such deceased executor or administrator
the suretiesin such bond or either of them until
such sufeues or one OF them shall have had an op-
portunlty 10 apply tor settlement Of the adnlinis-
trat1on accounts OF such deceased executor or ad-
ministrator, as provided in this act: and in case
any action shaiI nave been heretofore commenced
IN any court OF this state, against any surety or
suret1es upon the administration bond of such de-
ceased executor er administrator and such action
shall be pending and undetermined at the tine Of
the passage OF this act all proceedings in such ac-
ton shall be stayed until the surety or syreties
against Whom such action has been commenced
shallha had an opportunity to apply for and have
a settlement Of the administration accounts of such
deceased executor or administrator, as proyidedin
this act but nothing contained in this act shall be
construed as to set aside or open any settlement
of the administration accounts of any deceased ex
ecutor or administrator which has been heretofore
legally made.


Sec. 2. In-cas any sole or surviving executor or
administrator has heretofore died leaving his -ads
pnistration accounts unsettled it shall be lawful
for the suretles III the administration bond of such
deceased executor administrator, or for either of
such sureies within sixty days after the passageo
this act to apply to the judge of the county urt
having jurisdiction, for final settlement of the
administration accounts of such deceased execu-
tor or administrator, and upon such application if
itBshn appear to the satiSfacti-n of such Judge
that neither of the principals in such bond is liv-
ing and that the person or persons so aDpivinr is
a surety or are suretes las the case may be) in
such bond, and that final settlement of the adj
mlnistratlon accounts of such deceased executor
or administrator has ever been had in the-eounty
court having jurisdiction of the matter such Judge
shall thereupon issue a citation which shall be
served personally or by publication or both as tn
said judge shall order requiring the creditors next
of kin, and egatees of the deceased person Whose
estate being set led by such deceased executor
or administrator if there are any to appear before
him on some day therein specified to attend the
settlement of such accounts. And upon the day
mentioned in, such citation, or such other
time as the Judge may appoint, such
judge shall proceed with the settlement
of the admin tratlon accounts Of such deceased
executor or administrator in the manner provided
by law for ina ses tfement ofexecutors or admin-
stratorS' accounts, and when any sole or SURVIVING
executor or administrator shall hereafter die leav-
ing MS administration accounts unsettled, the
cites in the administration bond of such deceased
executor or administrator either of such
surehes may within sixty days after the death
of such executor or administrator, apply to the
judge of the county court having jurisdiction.
for final settlement of the administration
accounts OF such decea ed executor or admnistra-
tor, and upon such application like proceedings
shall be had as hereinbefOre specified Before the
administration accounts OF any such deceased ex-
ecutor administrator SHAH be allowed notice
shall be given, provided in section IA of chapter
102 of the revised statutes provided that all or
ders made under this act, by any county Judge,
shall be subject to be appealed from, the same as
any other orders made by such Judge, and that the
proceedings in any action pending upon such ad-
ministration bonds shall be stayed, pending such
appeal, and until the final determination of the
subject matter of such appeal.


SEC. 3. In case any action has been heretofore
commenced upon the administration bond OF any
such deceased executor or administrator, against
the sureties or either of them in such bond and in
case such action shall be pending and undetermin-
ed at the time of The passage of this act, and in
case such suretles or surety against whom such ac
ton has been commenced shall apply TO the Judge
of the county court for final settlement the adj
mlnistration accounts of such deceased executor
or administrator provided in this act the court
ID which such action is pending shall render iudg-
ment against such surety or sureties for the
amount which such judge Of the county oult shal
upon such final settlement find TO have been que
upon the administration accounts of such deceased
executor or administrator at the time of his DEATH
and in case such judge Of the county court, upon
such final settlement shall find that nothing was
due upon the adm niStration accounts from s1lcb
his death then thecourt IN which such action up
on the administration bond is pending, shall dis
miss such action 5


SEC. 4. In case where any sole or surviving ex-
ecutor or administrator has heretofore died or
shall hereafter die, having his administration ac-
counts unsettled, and leaving books of account as
such executor or admins traitor, appearing to have
been kept in his own hand writing such books of
accounts shall be p7ina facje evidence of the re-
ceipts aud disbursements therein entered


SEC. 5. All acts or parts of acts, so far as they
conflict with the provisions of this act are hereby
repealed, and this act shall take effect and be in
force from and after its passage and publication


Approved January 2l, 1870.


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