ministrator cannot sue the other, or the estate, on matters connected with their administration.

A person cannot be forced into a joint administration against his will, but an agreement between two such joint officers, that one alone shall manage the joint estate is void. A principal, and an ancillary administrator are not co-representatives within the meaning of these rules.

Sec. 1047. FOREIGN REPRESENTATIVES. -A personal representative appointed in one state has no legal authority in another state, and cannot there sue or be sued in his official capacity. Statutes exist in many states by which a representative from another state may be reappointed if no local administration has been already granted. And in a few states the foreign representative is recognized without re-appointment.

Administration must therefore, usually, be taken out in each state in which there are assets, but after the satisfaction, in whole or pro rata, of the local creditors, the residue of the assets will usually be transmitted to the principal jurisdiction. The amount to be allowed to the local creditors is usually determined by the proportion which the assets in all jurisdictions bear to the debts in all jurisdictions. Though in some States local creditors are required to be paid in full out of local assets.

Though the foreign representative cannot sue, it is held that his assignee may; and it is also held that the voluntary payment or delivery of assets to the foreign

principal representative, before a local one is appointed, will protect the party so paying.

And upon obligations which may be enforced by or against the representative in his personal capacity, actions may be brought by or against him in a foreign State. The allowance of a claim in one jurisdiction is held not to be conclusive on assets in another, but such claim must be presented anew where the assets exist.

Sec. 1048. ADMINISTRATOR WITH THE WILL ANNEXED.-The powers and duties of an administrator with the will annexed is substantially those of an executor, except that special commissions, trusts, or powers conferred by the will upon the original executor, and which imply a personal confidence in the executor named, will not pass to the administrator with the will annexed.

Sec. 1049. ADMINISTRATOR DE BONIS NON.-An administrator "de bonis non," as the name implies, is appointed to complete the work of a former administrator. Such an officer whether appointed in a testate or intestate estate, has all the rights and powers and is subject to all the responsibilities of an original representative so far as the estate is left unadministered. He may recover all assets from his predecessor or third persons, and may bring all actions necessary for that purpose, and is not estopped by the illegal acts of his predecessor.

Whatever his predecessor rightfully did, is binding upon the administrator de bonis non but wrongful or improper actions are not binding. The successor to an

administrator is bound upon contracts of his predecessor, and may avail himself of those which are assets of the estate. He is not liable for the defaults of his predecessor, but is bound to exercise the same good faith, prudence and diligence which are required of any representative.

Sec. 1050. THE ACCOUNTING AND DISCHARGE OF THE ADMINISTRATOR.-The representative is bound to keep full and accurate accounts of his official transactions, and is usually required to render an account to the probate court at stated intervals, frequently at the close of each year.

Upon the expiration of his trust, either by full performance, or by resignation or removal, it is his duty to render a final account. Before the final account will be allowed, notice is required to be given to parties interested in the estate that they may appear and dispute its correctness if they desire. The officer is to charge himself with all assets which have come into his possession, whether inventoried or not, and with all income, increase and profit, arising spontaneously or as a result of his good management or effort. He is to be charged also with all assets or profits which have been lost by his misconduct or negligence.

He is to be credited with all his lawful distributions and payments; with the necessary expenses and disbursements for the estate, and his proper compensation.

At Common Law the officer was not entitled to compensation, but by statute in most of the States a rate of

compensation is fixed, and the probate court has usually the power to, and will allow him extra compensation, for extra or unusual services.

Upon the final allowance of his accounts by the probate court the officer is entitled to be discharged from his trust and to have his bond cancelled. Appeals may be taken from orders allowing or disallowing his accounts, but unless thus appealed from, the decree allowing his final account and discharging the officer, is to be regarded as conclusive, and generally cannot elsewhere be called in question.

With the final allowance of his accounts and the discharge of the officer, upon a full administration of the estate, the settlement of the estate is ended.

QUESTIONS FOR STUDENTS.

The questions are numbered to correspond with the sections in this book. The answers and references for further study may be obtained by referring to the corresponding sections.

CHAPTER I.

921. What can you say as to the meaning and scope of the subject of wills? What two systems for the disposition of property have come to prevail?

922. Explain the difference between a will and the law of descent and distribution. What general term is given to both subjects?

923. Name the appropriate divisions into which the law of wills is divided.

924. Define a will. What is meant by last will and testament? What is the person called who makes a will? What is meant by the words "testate" and "intestate?" What granting words are used in a will? What is the distinction between them when technically used? What is meant by the word devisee? Legatee?

925. What is meant by a written will? A holographic will? A nuncupative will?

926. Define a codicil.

927. How does a will differ from a gift? From a gift causa mortis? When is such a gift valid?

928. Name some of the leading authorities on the law of wills.