Duties of collector. When powers to cease. Refusal to deliver property. Inventory. Inventory to be made. Scope of section limited. Appraisers. -oath. and perfect inventory or inventories of such of said goods, chattels, per- SEC. 306. DUTIES OF COLLECTOR.-The collector shall collect the goods, chattels, and personal estate of the deceased, including the debts due him, and cause the same to be appraised and return an inventory thereof, as an administrator is required to do, and may, under the authority of the court, sell perishable articles and bring suits for debts or other property, as an administrator may do, and shall account for the money recovered. Said collector may be allowed a commission on the property and debts actually collected, and afterwards delivered to the executor or administrator, not exceeding three per centum, and said collector may be authorized and directed by the court to discharge, pendente lite, all or any of the duties of an administrator, including the payment of debts. SEC. 307. WHEN POWERS TO CEASE.-On the granting of letters testamentary or of administration the power of any such collector shall cease, and it shall be his duty to deliver, on demand, all the property and money of the decedent in his hands, except as before excepted, to the person obtaining such letters, and the executor or administrator may be permitted to prosecute any suit commenced by said collector as if the same had been begun by said executor or administrator. SEC. 308. If the said collector shall neglect or refuse to deliver over the property and estate to the executor or administrator, the court may, by citation and attachment, compel him to do so, and the executor or administrator may also proceed, by civil action, to recover the value of the assets from him and his sureties by action on his bond. Such collector shall not be liable to an action by any creditor of the deceased. SUBCHAPTER TWO. INVENTORY. SEC. 309. INVENTORY TO BE MADE.--Every executor, administrator, or collector shall, within three months after his appointment, or such longer time as the court may allow, make and return, upon oath, into court a true inventory of all the goods, chattels, moneys, and credits of the deceased which are by law to be administered and which shall have come to his possession or knowledge; and if the court shall think fit it may also order him to include in the inventory all the real estate of the deceased: Provided, That this section shall not apply to the cases provided for in sections two hundred and sixty-four and two hundred and seventy-five of this code. SEC. 310. APPRAISERS. On the granting of letters testamentary or of administration, except in the aforesaid excepted cases, a warrant shall issue to two suitable persons not interested in the estate, to appraise the estate of the deceased, known to them or shown to them by the executor or administrator, and they shall severally take and subscribe an oath well and truly, without partiality or prejudice, to value the goods, chattels, and personal estate and real estate (if so directed) of the deceased, as far as the same shall come to their knowledge, to the best of their skill and judgment. SEC. 311. On the death, refusal, or neglect of any appraiser to act another person may be appointed in his stead. SEC. 312. NOTICE.-It shall be the duty of the executor, administrator, or collector and of the appraisers to give notice to the persons immediately interested in the administration, or at least two of them, if they are numerous, of the time and place of making said appraisement, and thereupon they shall proceed at said time and place to value said property and estate, setting down each article or item separately, with the value thereof, in dollars and cents, and when such appraisement shall have been completed they shall certify the same under their hands and seals, and the same shall be returned with the inventory. -refusal to act. Notice. Contents of in SEC. 313. CONTENTS OF INVENTORY.-The inventory shall contain a particular statement of all bonds, mortgages, notes, and other securi- ventory. ties for the payment of moneys belonging to the deceased, and of all other debts and accounts due him, which are known to the executor, administrator, or collector, who shall designate those debts which he considers sperate and those which he considers desperate, and also an account of all moneys belonging to the deceased which shall come to his hands. And whenever, after an inventory has been returned, assets not therein included shall come to the knowledge of the executor, administrator, or collector an additional inventory and appraisement shall be promptly prepared and filed in the manner aforesaid. SEC. 314. EXCEPTIONS.-There shall be excepted from the inventory Exceptions from the wearing apparel of the deceased, family pictures, the family Bible, inventory. and schoolbooks used in the family, and provisions for the support of the family on hand at the time of decedent's death. But if said decedent shall have been the head of a family, or a householder, the property exempt under chapter twenty-seven, as therein stated, shall so continue exempt from all claims against said decedent, and shall be distributed by the court to such members of the family or household as in the judgment of the court the necessity and exigencies of the particular case may require. Collector's in SEC. 315. COLLECTOR'S INVENTORY.-In case an inventory shall be returned by a collector, duly appointed, the executor or administrator ventory. thereafter administering shall, within three months after his appointment, either return a new inventory in place of the collector's inventory or an acknowledgment in writing that he has received from the collector the articles contained in the first inventory, and consents to be answerable for the same, as if said inventory had been made out by him as administrator, unless it shall appear that he has been prevented from making such return by the improper detention of the personal estate of the deceased by the collector. Executor, etc., SEC. 316. EXECUTOR, AND SO FORTH, NEGLECTING.-If there be more than one executor or administrator, any one or more of them, neglecting. on the neglect of the rest, may, if authorized by the court, return an inventory. SUBCHAPTER THREE. ASSETS. SEC. 317. WHAT ARE ASSETS.-Leases for years, estates for the life of another person or other persons, and all goods, wares, merchandise, utensils, furniture, things annexed to the freehold which may be removed without prejudice thereto, the growing crop on the land of the deceased, and every other species of personal property, not including the clothing of the widow and minor children of the deceased and personal ornaments suitable to their station, shall be included in the Assets. What are assets. Debtor appointed executor. -discharge of debt in will, construction of, as against creditors. inventory, and, together with the proceeds of any real estate sold for the payment of debts, shall be considered assets to be administered by an executor or administrator. SEC. 318. DEBTOR APPOINTED EXECUTOR.-The discharge or bequest, in a will, of any debt or demand of a testator against any executor named in a will, or against any other person, shall not be valid as against the creditors of the deceased, but shall be construed only as a specific bequest of such debt or demand, and the amount thereof shall be included in the inventory of the effects of the deceased and be assets for the payment of his debts, if necessary for that purpose, and, if not so necessary, shall be paid in the same manner and proportion as other specific legacies. -naming of per- SEC. 319. The naming of any person as executor in a will shall not sons as executor operate as a discharge or bequest of any just claim which the testator not to discharge had against such executor; but such claim shall be included among the testator's claim, etc. credits and effects of the deceased in the inventory, and the executor shall be liable for the same, as for so much money in his hands, at the time such debt or demand becomes due; and he shall apply and distribute the same, in the payment of debts and legacies and among the next of kin, as part of the personal estate of the deceased. -Executor's such claim. SEC. 320. On the failure of the executor to give in such claim in the failure to give in list of debts due the deceased, any person interested in the administration may allege the same by petition to said probate court, and the said court, with consent of the parties, may decide on the same, or it may be referred by the parties, with the court's approval; or at the instance of either party the court may direct an issue to be tried by a jury; and if said claim shall in any of such proceedings be decided to be a just claim of the decedent against the executor, said executor shall be charged with the amount thereof as aforesaid. Debt due by administrator. Sales. Sales of personal estate. Order for sale. SEC. 321. DEBT DUE BY ADMINISTRATOR.-In like manner it shall be the duty of every administrator to give in a claim against himself, and on his giving it, or failure so to do, there shall be the same proceeding as above described with regard to an executor. SUBCHAPTER FOUR. SALES SEC. 322. SALES OF PERSONAL ESTATE.-In case any executor or administrator shall not have money sufficient to discharge the just debts of and claims against the decedent, the probate court shall, on his application, made after the return of an inventory, direct a sale of the personal property therein contained, or of such part as the court may think proper, and in such manner and on such terms as the court may direct. The court shall have power to direct a sale as aforesaid, if deemed by the court advantageous to the persons interested in the administration, on the application of any of the said persons. SEC. 323. ORDER FOR SALE. No executor or administrator shall sell any property of his decedent without an order of the probate court authorizing such sale; and any such sale made without a previous order authorizing it shall be void and pass no title to the purchaser. If any executor or administrator shall sell, pledge, or dispose of any property without such previous order, his letters may be revoked and an administrator appointed, whose duty it shall be immediately to recover possession of said property, and such removed executor or administrator may be proceeded against by attachment; but where there are two or more executors or administrators, and a sale, pledge, or disposition of property has been made without the consent of all, the revocation shall only extend to the person or persons so offending, and the remaining executors or administrators shall have power to discharge the duties of their office and institute proceedings for the recovery of the property and attachment as aforesaid. -scope of sec SEC. 324. The preceding section shall not be construed to apply to any case where an executor shall be authorized by will of his testator tion limited. to make sale of any property. SEC. 325. POWER OF SALE TO EXECUTOR.-In all cases in which a Power of sale to testator has directed his real estate to be sold for the payment of his executor. debts or legacies, the executor may sell and convey the same, and shall account for the proceeds thereof to the probate court in the same manner that he is bound to account for the proceeds of personal estate; but such sale shall not be valid unless ratified by said court after notice given by publication according to the practice in equity. In case the executor shall refuse or decline to act, or shall die without executing the power vested in him, it shall be lawful for the court, on the application of any person interested, to appoint an administrator de bonis. non with the will annexed to execute such power in the same manner in which the executor appointed by the will might have done. act. -refusal to act. Survivor of sev SEC. 326. SURVIVOR OF SEVERAL TRUSTEES.-In all cases where two or more trustees shall be appointed by last will to execute a trust, or eral trustees may shall be empowered to sell, dispose of, or convey lands or other property devised to them jointly, upon the death of any one or more of them the survivor or survivors shall be held authorized to execute such trust or power; and if any one of such trustees shall in writing, signed by him and attested by a witness, relinquish or disclaim said trust or refuse to act under said will, and shall deliver such writing to the probate court of the District for record, the right of such trustee to act shall cease, and the remaining trustee or trustees appointed by . said will shall be authorized to execute the trusts of said will and make all sales and execute all conveyances and other acts necessary for that purpose. SEC. 327. SUITS BY AND AGAINST EXECUTORS, AND SO FORTH.- Suits by and Executors and administrators shall have full power and authority to against executors, commence and prosecute any personal action at law or in equity which etc. the testator or intestate might have commenced and prosecuted, except actions for slander and for injuries to the person; and they shall also be liable to be sued in the supreme court of said District in any action at law or in equity, except as aforesaid, which might have been maintained against the deceased; and they shall be entitled to or answerable for costs in the same manner as the deceased would have been, and shall be allowed for the same in their accounts, unless it shall appear that there were not probable grounds for instituting or defending the suits in which judgments or decrees shall have been given against them. -costs. Judgments SEC. 328. JUDGMENTS AGAINST EXECUTORS, AND SO FORTH.-If the verdict of the jury in any suit against an executor or administrator be against executors, against such executor or administrator, or if he shall be willing to con- etc. fess judgment, and the debt or damages which the deceased (if he or she were alive) ought to pay be ascertained by verdict, or confession, or otherwise, the court shall thereupon assess the sum which the executor or administrator ought to pay, regard being had to the amount of assets in his hands and the debts due to other persons; and if it shall appear to the court that there are assets to discharge all just claims against the deceased, the judgment shall be for the whole debt or damages found by the jury, or confessed, or otherwise ascertained, and costs; and if it shall appear to the court that there are not assets to discharge all such just claims, the judgment shall be for such sum only assets, etc. -insufficient Judgment not to be passed until time for filing account has expired. Executor's oath of insufficient assets, etc. Foreign execu in the District. as bears a just proportion to the amount of the debt or damages and costs, regard being had to the amount of all the just claims and of the assets--that is to say, as the amount of all the said claims shall be to the assets, so shall the amount of the said debt or damages and costs be to the sum required, for which judgment is to be given. And in no case shall the court proceed to assess as aforesaid and to pass such judgment against an executor or administrator until the time limited by law or by the court for the executor or administrator to pass his account shall have expired: Provided, That the said executor or administrator shall make oath (or affirmation, as the case may require) that he hath not assets to discharge all such just claims; and the account settled by the probate court, in which the debt or damages sued for ought to be stated, shall be evidence to show the amount of assets and claims; and the court shall have power, when the real debt or damages are ascertained, to refer the matter to an auditor to ascertain the sum for which judgment shall be given; and in case the judgment shall be for a sum inferior to the real debt or damage and costs, it shall go on and say that the plaintiff be entitled to such further sum as the court shall hereafter assess on discovery of further assets in the hands of the defendant;" and the court, at any time afterwards, when applied to by the plaintiff, on three days' notice to the defendant or his attorney, may assess and give judgment for such further proportionable sum as the plaintiff shall appear entitled to, regard being had as aforesaid to the amount of the debt and other claims; and on any judgment passed as aforesaid a fieri facias may issue against the defendant, and either his own goods or the goods of the deceased may be thereupon taken and sold, and it shall be the duty of the executor or administrator to discharge said judgment or put it on a footing with other just claims, and on failure his administration bond may be put in suit by the plaintiff. SEC. 329. FOREIGN EXECUTORS AND ADMINISTRATORS.-It shall be tors, etc., may act lawful for any person or persons to whom letters testamentary or of administration have been granted by the proper authority in any of the United States or the Territories thereof to maintain any suit or action and to prosecute and recover any claim in the District in the same manner as if the letters testamentary or of administration had been granted to such person or persons by the proper authority in the said District; and the letters testamentary or of administration, or a copy thereof certified under the seal of the authority granting the same, shall be sufficient evidence to prove the granting thereof, and that the person or persons, as the case may be, hath or have adminis -bond of, etc. Debts. Rules for proving. Voucher of judg ment of decree. tration: Provided, nevertheless, That the probate court of the District shall have the power, upon the petition of anyone interested, to require from such person or persons the security required by law in like cases from a resident administrator or executor, or the said court may grant auxiliary or ancillary letters, as the case may require, to the same or other persons. SUBCHAPTER SIX. DEBTS. SEC. 330. DEBTS TO BE PROVED. -No executor or administrator shall discharge any claim against his decedent (otherwise than at his own risk) unless the same be first passed by the probate court, or unless the said claim shall be proved according to the following rules: SEC. 331. VOUCHERS.-The voucher or proof of a judgment or decree shall be a short copy thereof under seal, attested by the clerk of the court where it was obtained, who shall certify that the said judgment or decree hath not been satisfied. There shall likewise be a certificate of |