Third. To any other person competent and qualified whom the court may select.

Second. To one or more of the principal creditors; or

SEC. 775. The persons named in the subdivisions of the last section, When persons if qualified and competent for the trust, shall be entitled to the admin entitled must apply. istration in the order therein named. If those named in subdivision one do not apply for the administration within thirty days from the decease of the intestate, they shall be deemed to have renounced their right thereto; but the commissioner in his discretion may, if they reside within the precinct, direct that a citation issue to them, requiring them within such period to apply for or renounce their right of administration; and if the persons named in subdivision two do not make such application within forty days from such decease, they shall be deemed to have renounced their right to the administration also. SEC. 776. If the deceased were a married woman the administration of her estate shall in all cases be granted to her husband, if he be qualified and competent for the trust and apply therefor within thirty days from her decease, unless by force of a marriage settlement or otherwise she shall have made some testamentary disposition of her property which shall render it necessary and proper to grant the administration to some other person.

SEC. 777. No executor or administrator is authorized to act as such until he shall file with the commissioner having jurisdiction of the estate an undertaking in a sum not less than double the probable value of the estate, with one or more sufficient sureties, to be approved by the commissioner, to be void upon condition that such executor or administrator shall faithfully perform the duties of his trust according to law: Provided, When by the terms of his will a testator shall expressly declare that no bonds shall be required of his executor, such executor may act upon taking an oath to faithfully fulfill trust without filing the undertaking in this section mentioned: Provided further, Such executor shall be criminally and civilly liable as other executors and administrators are for any dereliction of duty.

Administration

to be granted to the husband, unless.

Undertaking of executor or ad

ministrator.

of sureties.

SEC. 778. Whenever the penal sum mentioned in the undertaking Qualification prescribed in the preceding section exceeds two thousand dollars, three and justification or more sureties may become severally liable for portions of the sums if the aggregate sum for which such sureties became liable shall equal the penal sum required in the undertaking.

Nonresidents

SEC. 779. If a person be named in a will as executor who is a nonresident of the district or a minor, upon the removal of such disability and minors as he is entitled to qualify as such executor, if he apply therefor within executors. thirty days from the removal of such disability, if otherwise competent. If in the meantime an administrator with the will annexed has

been appointed, his powers and duties cease with the qualification of such executor; but if another executor has qualified and is acting as such they thereby become joint executors.

SEC. 780. When for any reason there shall be a delay in issuing Special adminletters testamentary or of administration, and the property of the istrator. deceased is in danger of being lost, injured, or depreciated, the commissioner may appoint a special administrator to take charge of the estate, who shall qualify in like manner and have the powers and perform the duties of an administrator generally, except that he is not authorized to pay the debts of or otherwise discharge any obligations against the deceased. Upon the issuing of letters testamentary or of administration the powers of the special administrator cease.

Petition to state

SEC. 781. In an application to prove a will or for the appointment of an executor or administrator the petition shall set forth the facts facts. necessary to give the court jurisdiction, and also state whether the deceased left a will or not, and the names, age, and residence, so far as known, of his heirs.

When will found after administration granted.

ecutor or administrator.

SEC. 782. If, after administration has been granted upon an estate, a will of the deceased be found and proven, the letters of administration shall be revoked and letters testamentary or of administration with the will annexed shall be issued; and if, after a will has been proven and letters testamentary or of administration with the will annexed have been issued thereon, such will should be set aside, declared void or inoperative, such letters shall be revoked and letters of administration issued.

Heir may apply SEC. 783. Any heir, legatee, devisee, creditor, or other person interfor removal of ex-ested in the estate may apply for the removal of an executor or administrator who has become of unsound mind or been convicted of any felony or a misdemeanor involving moral turpitude, or who has in any way been unfaithful to or neglectful of his trust, to the probable loss of the applicant. Such application shall be by petition and upon notice to the executor or administrator, and if the court find the charge to be true it shall make an order removing such executor or administrator and revoke his letters.

Nonresident ex

ecutor or administrator may be removed.

New undertak

sufficient.

SEC. 784. If an executor or an administrator become a nonresident of the district he may be removed and his letters revoked in the manner prescribed in the last section, except that the notice may be given by publication or posting for such time as the court or judge thereof may direct.

SEC. 785. Whenever the amount of an executor's or administrator's ing when old in- undertaking is insufficient, or the sureties therein, or either of them, have become nonresidents of the district, or are likely to or have become insolvent, such executor or administrator shall be required to give a new and sufficient undertaking. The application for such new undertaking may be made by any heir, legatee, devisee, creditor, or other person interested in the estate, and in the manner prescribed in section seven hundred and eighty-three for the removal of executors and administrators.

Effect of new undertaking

or

SEC. 786. Such new undertaking, when given and received, shall failure to give it. discharge the sureties in the former undertaking from any liabilities on account of their principal arising from his acts or omissions subsequent thereto. When a new undertaking is ordered, if the executor or administrator fail to comply therewith within five days from the entry thereof, or such further time as the order may prescribe, thenceforward the authority of such executor or administrator shall cease, and he shall be deemed removed and his letters revoked.

cy.

Effect of vacan

New adminis

trator may maintain action against former one.

Power of the court over an administrator.

SEC. 787. Whenever an executor or administrator shall die, resign, or be removed, if there be a coexecutor or coadministrator, he shall thenceforward exercise the powers and perform the duties of the trust; and if all the executors or administrators shall die, resign, or be removed, administration of the estate remaining unadministered shall be granted to those next entitled, if they be competent and qualified. SEC. 788. The surviving or remaining executor or administrator, or the new administrator, as the case may be, is entitled to the exclusive administration of the estate, and for that purpose may maintain any necessary and proper action or proceeding on account thereof, against the executor or administrator ceasing to act, or against his sureties or representatives.

SEC. 789. Whenever it appears probable to the commissioner that any of the causes for removal of an executor or administrator exist or have transpired, as specified in section seven hundred and eighty-three it shall be the duty of such commissioner to cite such executor or administrator to appear and show cause why he should not be removed, and if he fail to appear or show sufficient cause an order shall be made removing him and revoking his letters; and it is the duty of the com

missioner to exercise a supervisory control over the executor or administrator, to the end that he faithfully and diligently perform the duties of his trust according to law.

When deceased

SEC. 790. The executor or administrator of a deceased person who was a member of a copartnership shall include in the inventory of a member of a cosuch person's estate, in a separate schedule, the whole of the property partnership. of such partnership; and the appraisers shall estimate the value thereof, and also the value of such person's individual interest in the partnership property after the payment or satisfaction of all the debts and liabilities of the partnership.

SEC. 791. After the inventory is taken the partnership property Partnership shall be in the custody and control of the executor or administrator property may be for the purpose of administration unless the surviving partner shall, administered by within five days from the filing of the inventory, or such further time as the commissioner may allow, apply for the administration thereof and give the undertaking therefor hereinafter prescribed.

His power and duties in such cases.

SEC. 792. If the surviving partner apply therefor, as provided in the last section, he is entitled to the administration of the partnership duties in estate if he have the qualifications and competency required for a general administrator. He is denominated an administrator of the partnership, and his powers and duties extend to the settlement of the partnership business generally and the payment or transfer of the interest of the deceased in the partnership property remaining after the payment or satisfaction of the debts and liabilities of the partnership to the executor or general administrator within six months from the date of his appointment, or such further time, if necessary, as the commissioner may allow. In the exercise of his powers and the performance of his duties the administrator of the partnership is subject to the same limitations and liabilities and control and jurisdiction of the court as a general administrator.

Undertaking of

administrator of

partnership the partnership.

SEC. 793. The undertaking of the administrator of the partnership shall be in a sum not less than double the value of the property and shall be given in the same manner and be to the same effect as the undertaking of a general administrator.

When adminis

SEC. 794. In case the surviving partner is not appointed administrator of the partnership, the administration thereof devolves upon tration of partnerthe executor or general administrator; but, before entering upon the volves upon the duties of such administration, he shall give an additional undertaking general adminisin double the value of the partnership property.

trator.

administrator.

SEC. 795. Every surviving partner, on the demand of an executor Duty of survivor administrator of a deceased partner, shall exhibit and give informa- ing partner toward tion concerning the property of the partnership at the time of the death of the deceased partner, so that the same may be correctly inventoried and appraised; and in case the administration thereof shall devolve upon the executor or administrator, such survivor shall deliver or transfer to him on demand all the property of the partnership, including all books, papers, and documents pertaining to the same, and shall afford him all reasonable information and facilities for the performance of the duties of his trust.

SEC. 796. Any surviving partner who shall refuse or neglect to comply with the requirements of the last section may be cited to appear before the commissioner, and unless he show cause to the contrary the commissioner shall require him to comply with such section in the particular complained of.

-enforcement

of duty.

Who not quali

ecutor or adminis

SEC. 797. The following persons are not qualified to act as executors or administrators: Nonresidents of the district; minors; judicial offi- fied to act as excers; persons of unsound mind, or who have been convicted of any trator. felony, or of a misdemeanor involving moral turpitude.

Form of letters testamentary.

Form of letters of administration.

Resignation executor or ministrator.

of

SEC. 798. Letters testamentary may be in the following form:
DISTRICT OF ALASKA,

Precinct.

}

SS.

To all persons to whom these presents shall come, greeting:
Know ye, that the will of

deceased, a copy of which
is hereto annexed, has been duly proven before the commissioner for
the precinct aforesaid, and that
who is named executor

therein, has been duly appointed such executor by the commissioner
aforesaid. This, therefore, authorizes the said
administer the estate of the said

to law.

to

deceased, according

In testimony whereof I have hereunto subscribed my name and affixed the seal of this court said 19-.

day of

anno Domini

A B, Commissioner.

SEC. 799. Letters of administration may be in the following form: DISTRICT OF ALASKA,

Precinct.

SS.

To all persons to whom these presents shall come, greeting:
Know ye, that it appearing to the commissioner aforesaid that

has died intestate, leaving at the time of his death property in
this district, such commissioner has duly appointed
administrator of the estate of such
fore, authorizes the said

said

according to law.

In testimony whereof, et cetera; the same as in letters testamentary. Letters to an administrator of the partnership with the will annexed, or to a special administrator, may be issued according to the foregoing forms, with such variations as may be proper in the particular case.

SEC. 800. The commissioner, in his discretion, may allow an executor ad- or administrator to resign when it appears that such executor or administrator is not in default in any matter connected with the duties of his trust. Such executor or administrator shall pay the cost of the proceeding, and, if the application is allowed, he shall surrender his letters to be canceled, and his powers as such shall cease from that time forward.

SEC. 801. An executor or administrator shall within one month from made and verified. the date of his appointment, or such further time as the commissioner may allow, make and file with the commissioner an inventory, verified by his oath, of all the real and personal property of the deceased which shall come to his possession or knowledge.

What to contain.

SEC. 802. The inventory shall contain an account of all money belong

ing to the deceased, or a statement that none has come to the possession or knowledge of the executor or administrator; also a statement of all debts due the deceased, the written evidence thereof, and the security therefor, if any exist, specifying the name of each debtor, the date of each written evidence of debt, the security therefor, the sum originally payable, the indorsements thereon, if any, and their dates, and the sum appearing then to be due thereon.

Appraisement.

appointment

SEC. 803. Before the inventory is filed the property therein specified shall be appraised at its true cash value by three disinterested and competent persons, who shall be appointed by the commissioner; but if any part of the property shall be in a precinct other than that of appraisers. wherein administration is granted, the appraisers thereof may be appointed by such commissioner or the commissioner of the precinct wherein the property shall be; in the latter case a certified copy of the order of appointment shall be filed with the inventory.

SEC. 804. Before making the appraisement the appraisers shall each make and subscribe an affidavit, to be filed with the inventory, to the ers. effect that he will honestly and impartially appraise the property which shall be exhibited to him according to the best of his knowledge and ability.

Oath of apprais

SEC. 805. The appraisers shall appraise each article of property Appraisement of separately and set down the value thereof in dollars and cents opposite money and debts. the entry of the article in the inventory. Money, of whatever nature, that is a legal tender is to be appraised at its nominal value; but debts of all descriptions or kinds are to be appraised at that sum which, in the judgment of the appraisers, may be realized from them by due process of law. When the appraisement is completed, the inventory shall be signed by the appraisers.

Debt due by per

as executor.

SEC. 806. The naming anyone executor in a will shall not operate to discharge such executor from any claim which the testator had against son named in will him, but the claim shall be included in the inventory; and if the person so named afterward take upon himself the administration of the estate he shall be liable for such sum as for so much money in his hands at the time the claim became due and payable; otherwise he is liable for such claim as any other debtor of the deceased.

Discharge or be

SEC. 807. The discharge or bequest in a will of any claim of the testator against a person named as executor therein, or against any quest of a claim by other person, shall, as against the creditors of the deceased, be invalid. will. Such claim shall be included in the inventory, and for all purposes of administration is to be deemed and treated as a specific legacy of that

amount.

SEC. 808. If, after the filing of the inventory, property not men- Property discovtioned therein shall come to the knowledge or possession of the ered after filing inexecutor or administrator, it is his duty immediately to make an ventory. inventory thereof and cause the same to be appraised in the manner

prescribed in this title and file the same with the commissioner.

Who entitled to

SEC. 809. The executor or administrator is entitled to the possession and control of the property of the deceased, both real and personal, possession and conand to receive the rents and profits thereof until the administration is trol of property. completed, or the same is surrendered to the heirs or devisees by order of the court or judge thereof; but where such property, or any portion thereof, is in the possession of a third person, by virtue of a valid subsisting lease or bailment, the possession and control of the executor or administrator is subordinate to the right of the lessee or bailee. During the time the property is in the possession or control of the executor or administrator, it is his duty to keep the same in repair and preserve it from loss or decay as far as possible.

When person

SEC. 810. Whenever it appears probable from the affidavit of an executor or administrator, or of an heir or other person interested in charged with sethe estate, that any person has concealed or in any way secreted or writings. creting property or