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COPYRIGHT, 1918,
BY JOHN E. ALEXANDER.
286938
GNO MATC
WILLIAMS PRINTING COMPANY
INDEPENDENT PRESSROOM
TABLE OF CONTENTS OF VOLUME THREE
CHAPTER XLIL
PROBATE JURISDICTION.
Sec.
1180. Necessity of administration of estates....
.......
1181. Development of administration of estates in England...
1182. The common law distinguished between realty and personalty
for payment of debts: Changed by statute....
1183. Probate originally affected personal estate only, but now both
are subject to probate jurisdiction....
Page.
1831
1833
1835
1836
1184. What courts now exercise probate jurisdiction..
1185. Jurisdiction of court as affected by domicile of testator and
situs of real property....
1837
....
1839
1186. No jurisdiction to administer estates of living persons.
1187. What may be probated.....
1842
1843
1188. Who should offer the will for probate.....
1189. Length of time after death of testator that will should be
offered for probate......
1190. Admissibility of will to probate does not involve the construc-
tion of its terms.
1848
CHAPTER XLIII.
WHO MAY BE EXECUTORS OR ADMINISTRATORS.
1191. Executors and administrators defined and distinguished...... 1850
1192. Legal duties of executors and administrators are the same.... 1851
1193. Common law rule as to who could act as executors.....
1194. Statutory changes as to disqualifications of executors.....
1195. Competency of appointee of testator to act as executor....... 1855
1196. Effect of failure of appointee to apply for letters testamentary
within time specified by statute......
1852
1853
1856
1197. Order in which persons are entitled to administer estates of
intestates: Nominees....
1198. English rule as to nominees.
1859
1199. Aliens as executors or administrators: Common law rule.... 1860
1200. Statutory regulations as to aliens or non-residents acting as
executors or administrators......
1861
1201. Infants as executors or administrators.....
1202. A married woman as executrix or administratrix..
1863
1864
1203. Corporations as executors....
1866
1204. Conviction of an infamous crime as a disqualification..
1868
1211. Interests adverse to the estate as a disqualification..
1212. The same subject: Creditors
1213. The same subject: Debtors
1214. The same subject: Partners
1215. Public administrators...
1877
1878
1880
...
1883
1221. Testator may delegate to another the right to appoint executor. 1891
1222. Right of one named as executor in will, to the appointment.... 189?
1223. Acceptance of office by executor named in will....:.
1224. Renunciation of office by executor named in will.
1893
1894
1225. After acceptance, executor can not resign except with sanction
1227. When administrator with will annexed may be appointed...... 1899
1228. Statutes providing that letters of administration with will an-
nexed shall issue as in case of intestacy......
1229. Right of residuary legatee to letters of administration with will
annexed
.... 1900
1903
1230. The same subject: Right of executor of deceased residuary
legatee
1905
1231. Right of executor of deceased executor to represent first testator 1907
1232. Right of nominees to letters of administration with will an-
nexed ....
1233. The same subject....
1234. As to right of trustee under will, to letters....
1908
1909
1911
1235. When guardian of an infant beneficiary is preferred.......... 1912
1236. Executor named in will may be granted administration with
will annexed........
1913
1914
1237. When application for appointment must be made.............
1238. Powers and duties of administrator with will annexed.
1239. The same subject: Powers cease if will be set aside.............. ..... 1915
1240. The same subject: When more than one executor is named in
will....
1915
1241. Powers in trust do not devolve to administrator with will an-
nexed ...
1916
... 1918
1242. Right of administrator with will annexed to sell property:
Where direction in will is imperative.....
1243. The same subject: Where will gives discretionary power of sale 1920
1244. The same subject: Statutory regulations.....
1245. Effect of unauthorized sale of land by administrator with will
1920
1922
CHAPTER XLVI.
ADMINISTRATION DE BONIS NON.
1246. Administrator de bonis non defined.....
1923
1247. Jurisdiction to issue letters.....
1924
1248. Those entitled to letters of administration de bonis non...... 1924
1249. The same subject: Next of kin or principal beneficiary under
will ...
1925
1250. Renunciation of right to letters can not be revoked..
1251. Powers and duties of administrator de bonis non.
1252. The same subject: Assets and accounting..
1253. Liabilities of administrator de bonis non....
1255. What acts are sufficient to constitute one an executor de son
tort
1935
1937
1256. Realty and partnership property not involved...
1940
1257. As to legal executor and one de son tort existing at same time.. 1940
1258. Possession of goods under conveyance to defraud creditors.. 1941
1259. Goods received innocently, or through collusion.
1260. Possession in good faith under color of title.....
1261. Acts of conservation or kindness.....
1943
1945
1946
1262. Acts of servants, agents, and coadjutors.....
1947
1263. Foreign executor taking possession of local assets....
1949
1264. Payment of debts of decedent by executor de son tort........ 1949
1265. Executor de son tort can not retain assets to satisfy debt due
himself
1951
.....
1266. Duties and liabilities of executor de son tort.
1952
1267. Executor de son tort no right to sue......
1953
1268. Effect of acts of executor de son tort...
1954
1269. Where executor de son tort is subsequently regularly appointed. 1955
1270. Actions against executor de son tort: Who may sue................
1271. Forms of action against executor de son tort.....
1272. The same subject: Time and venue.....
1273. Defenses which executor de son tort may interpose.....
1274. Manner of pleading defenses: Judgment and execution...... 1961
1275. Statutes abolishing office do not deprive defendant of former
1277. Who are entitled to special or limited letters of administration.. 1967
1283. Administration pendente lite.....
1284. Reason for appointment of administrator pendente lite, and
termination of authority................
1285. Powers and duties of administrator pendente lite...
1287. Statutes providing for settlement of estates without intervention
.. 1976
1977
1979
... 1982
1982