interested or ex officio by the register of wills, requiring him to appear and file his bond as required by law within twenty days after service of said summons; and if he be not found in said District, notice shall be given to him by publication to appear within thirty days after the first publication of said notice, and on his failure to appear and give his bond and qualify by taking the prescribed oath, as aforesaid, administration may be granted as if no executor had been named in the will. SEC. 268. SUMMONS TO EACH OF SEVERAL EXECUTORS.-If there be more than one executor named in a will, there may be the same proceeding with respect to each of them as if he were the sole executor, and any circumstances under which letters of administration may be granted on failure of a sole-named executor shall authorize the granting of letters testamentary to one or more of the executors on failure of one or more of the others; and any circumstances under which letters of administration may be granted on failure of a sole-named executor shall authorize the granting of such letters of administration on failure of all the executors named to appear and qualify as aforesaid.

SEC. 269. RENUNCIATION.-If any executor named in a will shall file or transmit to the probate court an attested renunciation of his executorship, there shall be the same proceeding with respect to granting letters testamentary or of administration as if the party so renouncing had not been named in the will.

Summons to each of several executors.

Renunciation.

Executor dis

SEC. 270. EXECUTOR DISQUALIFIED.-If any person named as executor be disqualified from serving, letters testamentary or of administra- qualified. tion may be granted as if he had not been named as executor.

No power to act

SEC. 271. NO POWER TO ACT WITHOUT LETTERS.-In case letters testamentary shall be granted to one or more of the executors named in without letters. a will on failure of the rest, no executor not named in said letters shall in any manner interfere with the administration; and if letters of administration with the will annexed shall be granted, no executor named in the will shall in any manner interfere with the administration; and no executor named in a will shall, before letters testamentary are granted to him, have any power to dispose of any part of the estate of the deceased or to interfere therewith, further than is necessary to collect and preserve the same.

SEC. 272. FORM.-The following shall be the form of letters testamentary to be issued under the seal of the probate term of the supreme court of the District of Columbia:

District of Columbia, to wit:

The United States of America.

To all persons to whom these presents shall come, greeting:
Know ye that the last will and testament of
of
་
deceased, hath, in due form of law, been exhibited, proved, and
recorded in the office of the register of wills of the District of Colum-
bia, a copy of which is to these presents annexed, and administration
of all the goods, chattels, and credits of the deceased is hereby granted
and committed unto
, the executor by said will appointed.
Witness (A B) the chief justice of the supreme court of the District
of Columbia, this
day of

Test:

CD, Register of Wills.

Form of letters.

Letters of ad

SEC. 273. LETTERS OF ADMINISTRATION.-On the death of any person leaving real or personal estate in the District, letters of administration ministration. on his estate may be granted, on the application of any person interested, on proof, satisfactory to the probate court, that the decedent died intestate.

SEC. 274. BOND. Every administrator, except corporations authorized to act as administrators, shall, before entering on his duties, file in the probate court his bond to the United States, with security approved by the court, in such penalty as the court shall direct, with

Bond.

-oath.

condition to administer according to law all the money, goods, chattels, rights, and credits of the deceased; and when the court shall have ordered the sale of the decedent's real estate, he shall give a like bond conditioned to administer the proceeds of the real estate that may be sold for the payment of the decedent's debts which shall come into his possession, or to the possession of any other person for him, and in all other respects perform the trust reposed in him, and shall also take and subscribe an oath similar to that prescribed for executors. Special bond of SEC. 275. SPECIAL BOND.-If the person appointed as administrator administrator en- shall be entitled to the residue of the estate after the payment of the titled to residue of debts, he may, instead of the bond herein provided for, execute a bond, with security approved by the court, in such penalty as the court may consider sufficient, conditioned for the payment of all the debts and claims against the deceased, and all damages which shall be recovered against him as administrator, in which case he shall not be required to return any inventory or account; and in such case the administrator shall be personally answerable for all debts, claims, and damages that may be recovered against him, in like manner as the executor who gives a similar bond:

estate.

-sureties' lia

bility.

Personsentitled.

-incompetence of above to serve.

Administration by creditor, etc.

Notice of application.

Provided, That the surety or sureties in said bond shall not be liable for a greater amount than the penalty thereof.

SEC. 276. PERSONS ENTITLED.-If the intestate leave a widow and a child or children, administration, subject to the discretion of the court, shall be granted either to the widow or child, or one or more of the children, qualified to act as administrator, and further subject to the discretion of the court as follows:

SEC. 277. If there be a widow and no child the widow shall be preferred, and next to the widow or children a grandchild shall be pre ferred.

SEC. 278. If there be neither widow, nor child, nor grandchild to act, the father shall be preferred; and if there be no father the mother shall be preferred.

SEC. 279. If there be neither widow, nor child, nor grandchild, nor father, nor mother to act, brothers and sisters shall be preferred.

SEC. 280. If there be neither widow, nor child, nor grandchild, nor father, nor mother, nor brother, nor sister, the next of kin shall be preferred.

SEC. 281. Males shall be preferred to females in equal degree.

SEC. 282. Relations of the whole blood shall be preferred to those of the half blood in equal degree, and relations of the half blood shall be preferred to relations of the whole blood in a remoter degree.

SEC. 283. Relations descending shall be preferred to relations ascending, in the collateral line; that is to say, for example, a nephew shall be preferred to an uncle.

SEC. 284. None shall be preferred in the ascending line beyond a father or mother, or in the descending line below a grandchild.

SEC. 285. A feme sole shall be preferred to a married woman in equal degree.

SEC. 286. Relations on the part of the father shall be preferred to those on the part of the mother, in equal degree.

SEC. 287. If any person described in the foregoing sections should be incompetent to serve, then administration shall be granted as if such person were not living.

SEC. 288. If there be no relations, or those entitled decline or refuse to appear and apply for administration, on proper summons or notice, administration may be granted to the largest creditor applying for the same; and if creditors neglect to apply, it may be granted at the discretion of the court.

SEC. 289. NOTICE OF APPLICATION.-Upon any application for letters 、of administration, such notice thereof shall be given, by publication or

otherwise, as the rules of the court may require; but it shall not be necessary to notify any collateral relatives more remote than brothers and sisters of the intestate.

Will proved after

SEC. 290. WILL PROVED AFTER LETTERS GRANTED.-If administration be granted, and a will disposing of the estate of the deceased shall letters granted. afterwards be proved, according to law, and letters testamentary shall have issued thereon, the same shall be considered a revocation of the letters of administration. But all acts done by the administrator according to law, before any actual or implied revocation of his letters, shall be valid and effectual, and the executor obtaining letters shall be authorized to prosecute any actions at law or in equity commenced by the administrator and obtain judgment in his own name, and likewise to defend any suit commenced against the administrator; and said executor shall have the benefit of all judgments obtained by the administrator and be bound by all judgments obtained against him to the extent of assets received by said executor, unless said judgments were obtained by fraud. And it shall be the duty of said administrator to. account for and deliver to the executor without delay all goods, chattels, and personal estate and proceeds of any realty sold in his possession, belonging to the deceased, in default of which his bond may be put in suit by the executor or administrator cum testamento annexo. SEC. 291. DECLINING ADMINISTRATION.-If any person entitled to administration shall, in writing, decline the same, the court shall proceed as if such person were not entitled.

Declining administration.

Resignation of

SEC. 292. RESIGNATION.-If any person, after having accepted the office of executor or administrator, shall desire to retire from and executor, etc. resign the same, he may file his petition to that effect, accompanied by a full and particular account, under oath, of his receipts and disbursements, if any, and the court shall thereupon direct such notice as it may think proper to be given of said application, and, if no cause be shown to the contrary, may release and discharge him from his office and pass such order as to costs and commissions and impose such terms in other respects as the nature of the case may require:

-liability after

Provided, That such executor or administrator shall not, by said discharge, be released from any liability for past acts, defaults, or release for past omissions of duty.

SEC. 293. FORM.-The form of letters of administration shall be as follows:

District of Columbia, to wit:

The United States of America.

To all persons to whom these present shall come, greeting:

Know ye that administration of the goods, chattels, and credits of deceased, is hereby granted and committed

unto

late of
of

Witness (A B) the chief justice of the supreme court of the District of Columbia. Test:

CD, Register of Wills.

acts.

Form.

Bond of persons

SEC. 294. PERSONS OVER EIGHTEEN YEARS OF AGE.-In case letters testamentary or of administration shall be granted to any person above over 18 years of eighteen but under twenty-one years of age, the bond executed by age, etc., binding. him for the faithful performance of his duties shall be as binding as if he were of full age.

Application for

SEC. 295. APPLICATION FOR LETTERS.-Whenever any person shall apply to the probate court for letters testamentary or of administra- letters. tion, he shall set forth, under oath, as fully as possible, all the personal and real estate left by the decedent and the amount of his debts as far as can be ascertained; and the penalty of the bond required of him, except in the cases provided for in section two hundred and sixty-three, two hundred and sixty-four, and two hundred and seventy

Additional

bond.

Bonds to be recorded, etc.

furnished.

-actions on.

five aforesaid, shall be sufficient to secure the proper application of all the personal estate of the testator or intestate; and when it shall become necessary to sell the real estate of the decedent, in part or in whole, the executor or administrator shall give such additional bond, with approved security, as shall be directed by the court, to secure the proper application of the proceeds arising from such sale or sales. And whenever an executor is empowered by the will to make sale of the real estate of the testator, for any purpose, he shall account for said proceeds in said court.

SEC. 296. ADDITIONAL BOND. -Whenever the probate court shall be satisfied that the bond already given by an executor or administrator is insufficient, the said executor or administrator may be required to file an additional bond, and on his failure to do so his letters may be revoked. And upon the revocation of letters testamentary or of administration under this provision, the executor or administrator whose letters are so revoked shall forthwith deliver to any substituted executor or administrator all the assets of his testator or intestate in his possession or under his control.

SEC. 297. ACTIONS ON BONDS.-Every bond executed by an executor or administrator shall be recorded in the office of the register of wills; and any person conceiving himself to be interested in the administra -copy of, to be tion of the estate shall be entitled to have or demand a copy of such bond, under the hand and seal of the register of wills, on which an action may be maintained, in the name of the United States, for the use of the party interested, and judgment may be recovered in such action for the damage actually sustained. And an administrator appointed in the place of an executor or administrator who has resigned, been removed, or whose letters have been revoked, may in like manner maintain an action against the executor or former administrator and his sureties, on his administration bond, for all loss and damage to the estate resulting from this breach of duty. No creditor shall be entitled to maintain an action on a testamentary or administration bond for any claim against a testator or intestate until an action has been commenced against the executor or administrator of the deceased and a summons issued therein has been returned "Not to be found,” or a writ of fieri facias or of attachment, issued on a judgment against such executor or administrator, has been returned "nulla bona," or until such apparent insolvency of the executor or administrator or insufficiency of his effects as in the judgment of the court before which such action may be tried shall show the said creditor to be without remedy except by such action on the executor's or administrator's bond.

Death, etc., of executor named.

SEC. 298. DEATH, AND SO FORTH, OF EXECUTOR NAMED.-In case any will admitted to probate shall not appoint an executor, or the executor therein appointed shall have died or renounced the executorship, or -to whom ad- shall be incompetent to serve, administration shall be granted with the ministration will annexed to the person who would have been entitled to adminisgranted. tration in case of the intestacy of the deceased testator:

-persons pre

ferred.

Letters de bonis

non.

Provided, however, That if there be a residuary legatee named in such will, he shall be preferred to all, except a widow. And the condition --bond and oath of the bond of the administrator so appointed and the oath to be taken of appointee. by him and his duties and liabilities shall be the same if he had been appointed executor in the will and had received letters testamentary. SEC. 299. LETTERS DE BONIS NON.-If an executor or administrator shall die before the administration of the estate is completed, letters of administration de bonis non or de bonis non cum testamento annexo, as the case may require, shall be granted, in the discretion of the court, giving preference, however, to the person who would be entitled in the order herein before given, if he shall actually apply for the same; and the form of the letters shall be the same as in the case of an original administration, except that it shall be confined to the property of

-form.

the deceased not already administered, and the authority shall be to administer all property herein described as assets and not distributed and delivered or retained by the executor or former administrators, under the court's direction.

Executor of ex

SEC. 300. EXECUTOR OF EXECUTOR.-In no case shall the executor of an executor, as such, be entitled to administration de bonis non on ecutor. the estate of the first deceased.

Orders against

deceased.

SEC. 301. ORDERS AGAINST REPRESENTATIVE OF DECEASED.-On the application of an administrator de bonis non the court may order representative of the executor or the administrator of a deceased executor or administrator to deliver over to him all the personal property that was in the hands of the said deceased executor or administrator, as such, and also all the money, bonds, notes, accounts, and evidences of debt which the said deceased executor or administrator may have taken, received, and had at the time of his death, including the proceeds of sale of either personal or real estate made by said deceased executor or administrator, which shall be deemed unadministered assets.

or ad

SEC. 302. On the failure of said executor or administrator to comply failure of said with said order by a day named, the court may enforce its order by executor attachment against such executor or administrator, and may direct the ministrator to bond of the deceased executor or administrator, or that of the executoi comply. or administrator so failing, or both, to be put in suit for the use of the administrator de bonis non.

SEC. 303. The executor or administrator of the deceased executor -return of list or administrator shall return, on oath, to the court, on or before the of bonds, etc. day named as aforesaid, a list of the bonds, notes, accounts, and money aforesaid, and shall be entitled to retain out of the money such commission as the court shall allow, not exceeding ten per centum on the principal inventory, and the personal estate and money turned over by him shall be assets in the hands of the administrator de bonis non, to be accounted for by him as such.

Letters ad col

SEC. 304. LETTERS AD COLLIGENDUM.-Letters ad colligendum may
be granted to one or more persons in case of a contest in relation to a ligendum.
will, or the absence of the executor from the District, or his delay in
qualifying, or for other sufficient cause, and the form of such letters
shall be as follows:

To all persons to whom these presents shall come, greeting:
Know ye that, whereas

of

.., deceased, had, as is said, at his decease, personal property within the District of Columbia, administration whereof can not immediately be granted, but which, if speedy care be not taken, may be lost, destroyed, or diminished, to the end that the same may be preserved for those who may appear to have a legal right or interest therein, we do hereby request and authorize of to secure and collect said property, wheresoever the same may be, in said District, whether the same be goods, chattels, debts, or credits, and to make a true inventory thereof and exhibit the same with all convenient speed, with an account of his collections, into the office of the register of wills. Witness (A B) the chief justice of the supreme court of the District of Columbia. C D, Register of Wills.

Test:

-form.

Bond of col

SEC. 305. Every collector, except corporations authorized to act as such, before letters shall be issued to him, shall execute a bond to the lector. United States, in a penalty and with security to be approved by said court, with the following condition:

"The condition of the above obligation is such that if the above bounden shall well and honestly discharge the office of collector of the goods, chattels, and personal estate of... .., deceased, in the District of Columbia, and shall make or cause to be made a true