STATE OF NORTH CAROLINA.

IN THE YEAR OF OUR LORD

ONE THOUSAND NINE HUNDRED AND FIVE.

AN ACT

FOR REVISING AND CONSOLIDATING THE PUBLIC AND GENERAL

STATUTES OF THE STATE OF NORTH CAROLINA.

The General Assembly of North Carolina do enact the following named chapters, subchapters and sections, to be known as the REVISAL OF 1905, that is to say:

1. Penalty; what family may use. No person shall enter upon
the administration of any decedent's estate until he has obtained
letters therefor, under the penalty of one hundred dollars, one-half
to the use of the informer and the other half to the state; but
nothing herein contained shall prevent the family of the deceased
from using so much of the crop, stock and provisions on hand as
may be necessary, until the widow's year's support is assigned there-
from, as prescribed by law.

Code, s. 1522; 1868-9, c. 113, s. 93.

2. Executor de son tort. Every person who shall receive goods
or debts of any person dying intestate, or any release of a debt due
the intestate, upon a fraudulent intent, or without such valuable
consideration as shall amount to the value or thereabout, shall be
chargeable as executor of his own wrong, so far as such debts and
goods, coming to his hands, or whereof he is released, will satisfy.
Code, s. 1494; 1868-9, c. 113, s. 67: 43 Eliz., c. 8.

II. TO WHOM GRANTED.

3. Order in which persons entitled. Letters of administration, in case of intestacy, shall be granted to the persons entitled thereto and applying for the same, in the following order:

1. To the husband or widow, except as hereinafter provided. 2. To the next of kin in the order of their degree, where they are of different degrees; if of equal degree, to one or more of them, at the discretion of the clerk.

3. To the most competent creditor who resides within the state, and proves his debt on oath before the clerk.

4. To any other person legally competent.

Code, s. 1376; C. C. P., s. 456; R. C., c. 46, ss. 2, 3; 1868-9, c. 113, s. 115.

4. Husband, on wife's estate; his interest therein. If any married woman shall die wholly or partially intestate, the surviving husband shall be entitled to administer on her personal estate, and shall hold the same, subject to the claims of her creditors and others having rightful demands against her, to his own use, except as hereinafter provided. If the husband shall die after his wife, but before administering, his executor or administrator or assignee shall receive the personal property of the said wife, as a part of the estate of the husband, subject as aforesaid, and except as provided by law. Code, s. 1479; 1871-2, c. 193, s. 32.

5. Disqualifications. The clerk shall not issue letters of administration or letters testamentary to any person who, at the time of appearing to qualify

1. Is under the age of twenty-one years.

2. Is a nonresident of this state; but a nonresident may qualify

as executor.

3. Has been convicted of a felony.

4. Is adjudged by the clerk incompetent to execute the duties of such trust by reason of drunkenness, improvidence or want of understanding.

5. Fails to take the oath or give the bond required by law.

6. Has renounced his right to qualify.

Code, ss. 1377, 1378, 2162; C. C. P., s. 457.

Note. For disqualification of executor of an executor, see s. 15.

executor

6. When disqualified persons entitled. Where an named in the will, or any person having a prior right to administer, is under the disqualification of nonage, or is temporarily absent from the state, such person is entitled to six months, after

coming of age or after his return to the state, in which to make application for letters testamentary, or letters of administration. Code, ss. 1379, 2165; C. C. P., ss. 452, 460; R. C., c. 46, s. 12.

7. Forfeiture by divorce or felonious slaying. When a marriage shall be dissolved a vinculo, the parties respectively, or when either party shall be convicted of the felonious slaying of the other, or of being accessory before the fact of such felonious slaying, the party so convicted shall thereby lose all his or her right to administer on the estate of the other, and to a distributive share in the personal property of the other, and every right and estate in the personal estate of the other.

Code, s. 1480; 1889, c. 499; 1871-2, c. 193, s. 42.

Note. For forfeiture generally by divorce a vinculo, see s. 2109.

8. Elopement and adultery of wife forfeits right. If any married woman shall elope with an adulterer, and shall not be living with her husband at his death, she shall thereby lose all right to a distributive share in the personal property of her husband, and all right to administer on his estate.

Code, s. 1481; 1871-2, c. 193, s. 44.

Note. For forfeiture generally for elopement, see ss. 2110, 2111.

9. How husband forfeits right as to wife's estate. If any husband shall separate himself from his wife, and be living in adultery at her death, or if she shall have obtained a divorce a mensa et thoro, and shall not be living with her husband at her death, or if the husband shall have abandoned his wife, or shall have maliciously turned her out of doors, and shall not be living with her at her death, he shall thereby lose all his right and estate of whatever character in and to her personal property, and all right to administer on her estate.

Code, s. 1482; 1871-2, c. 193, s. 45.

10. Executor may renounce. Any person appointed an executor may renounce the office by a writing signed by him, and on the same being acknowledged or proved to the satisfaction of the clerk of the superior court, it shall be filed.

Code, s. 2163; C. C. P., s. 450.

11. When renunciation required. When any person applies for administration, and any other person has prior right thereto, a written renunciation of the person or persons having such prior right must be produced and filed with the clerk.

Code, s. 1378; C. C. P., s. 459.

12. When person entitled deemed to have renounced. If person, entitled to letters of administration, fails or refuses to apply for such letters within thirty days after the death of the intestate, the clerk, on application of any party interested, shall issue a citation to such person to show cause, within twenty days after service of the citation, why he should not be deemed to have renounced. If, within the time named in the citation, he neglects to answer or to show cause, he shall be deemed to have renounced his right to administer, and the clerk must enter an order accordingly, and proceed to grant letters to some other person. If no person entitled to administer shall apply for letters of administration on the estate of a decedent within six months from his death, then the elerk may, in his discretion, deem all prior rights renounced and appoint some suitable person to administer such estate.

Code, s. 1380; C. C. P., s. 460 (a); 1868-9, c. 203.

13. When executor deemed to have renounced. If any person appointed an executor does not qualify or renounce within sixty days after the will is admitted to probate, the clerk of the superior court, on the application of any other executor named in the same will, or any party interested, shall issue a citation to such person to show cause why he should not be deemed to have renounced. If, upon service of the citation, he does not qualify or renounce within such time, not exceeding thirty days, as is allowed in the citation, an order must be entered by the clerk decreeing that such person has renounced his appointment as executor. Code, s. 2164; C. C. P., S. 451.

III. WILL ANNEXED.

executor

14. Letters with, issued when. If there is no appointed in the will, or if, at any time, by reason of death, incompetency adjudged by the clerk of the superior court, renunciation, actual or decreed, or removal by order of the court, or on any other account there is no executor qualified to act, the clerk of the superior court may issue letters of administration with the will annexed, to some suitable person or persons, in the order prescribed in this chapter.

Code, s. 2166; C. C. P., s. 453.

15. Qualification of administrators with. Administrators with the will annexed shall have the same qualifications and give the same bond as other administrators; but the executor of an executor shall not be entitled to qualify as executor of the first testator. Code, s. 2167; C. C. P., s. 454; 1905, c. 286.