SEC. 54. Letters of administration must be signed by the clerk, under the seal of the court, and substantially in the following form:

"Territory of Montana, County of

:

Form of au

"CD is hereby appointed administrator of the estate thentication

of A B, deceased.

"Witness, G H, clerk of the probate court of said county, with seal thereof affixed, this the

day of

"G H, Clerk."

ARTICLE III.-Letters of Administration-To whom and the Order in which Granted,

SEC. 55. Administrators of the estate of a person dying intestate, must be granted to some one or more of the persons hereinafter mentioned, who are respectively entitled thereto, in the following order:

First. The surviving husband or wife, or some competent person, whom he or she may request to have appointed.

Second. The children.

Third. The father and mother.

Fourth.

The brothers.

Fifth. The sisters.

Sixth. The grandchildren.

Seventh.

The next of kin entitled to share in distribu

tion of the estate.

Eighth. The creditors.

Ninth. The public administrator.

Tenth. Any person legally competent.

If the decedent was a member of a co-partnership at the time of his death, the surviving partner must in no instance be appointed administrator of the estate; and, provided, further, that no person who is not a resident of this territory shall be appointed administrator.

SEC. 56. Of several persons claiming and equally entitled to administer, males must be preferred to females,

of letters of administra

tion.

To whom letters of administrati on granted on estate of intestate.

where several claim letters.

Preference

persons

where

and relatives of the whole blood to those of the half blood.

SEC. 57. When there are several persons equally enDiscretion of titled to the administration, the court may grant letters to one or more of them; and when a creditor is claiming equally en letters, the court may, in its discretion, at the request of another creditor, grant letters to any other person legally

several persons claim letters and

titled.

son entitled

competent.

SEC. 58. If any person entitled to administration is a In case per minor, letters must be granted to his or her guardian, or any other person entitled to letters of administration, in the discretion of the court.

to letters is a minor.

Persons who can not administer.

SEC. 59. No person is competent to serve as admistrator or administrix, who, when appointed, isFirst. Under the age of majority.

Third. Adjudged by the court to be incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want of understanding or integrity. SEC. 60. A married woman must not be appointed man not to be administratrix. When an unmarried woman appointed administratrix marries, her authority is extinguished.

Married WO

administra

trix.

letters of ad

ARTICLE IV.-Petition for Letters and Action Thereon.

SEC. 61. Petitions for letters of administration must be in writing, signed by the applicant, or his attorney, and filed with the clerk of the court, stating the facts, to give the court jurisdiction of the case, and when known Petition for to the applicant, he must state the names, ages, and resministration idence of the heirs of the decedent, and the value and sites of. character of the property. If the jurisdictional facts existed, but are not fully set forth in the petition, and afterwards proved in the course of administration, the decree or order of administration, and subsequent proceedings, are not void for want of such jurisdictional aver

and requi

Term at which letters may be granted.

ments.

SEC. 62. Letters of administration may be granted at a regular term of court, or at a special term appointed by the judge for the hearing of the application.

tion for letters filed notice given.

SEC. 63. When a petition praying for letters of administration is filed, the clerk must give notice thereof by causing notices to be posted in at least three public places The peti in the county, one of which must be at the place where the court is held, containing the name of the decedent, the name of the applicant, and term of court at which the application will be heard. Such notice must be given at least ten days before the hearing.

When peti

objected to.

SEC. 64. Any person interested may contest the petition by filing written opposition thereto, on the ground of incompetency of the applicant, or may assert his own right to the administration, and pray that letters may be tion may be issued to himself. In the latter case the contestant must file a petition and give the notice required for the original petition, and the court must hear the two petitions together.

SEC. 65. On the hearing, it being first proved that notice has been given as herein required, the court must hear the allegations and proofs of the parties, and order the issuing of letters of administration to the party best entitled thereto.

Hearing of petition for letters and is

suance of.

Evidence of

entry in min

SEC. 66. An entry in the minutes of the court that the required proof was made and notice given shall be utes, and of conclusive evidence of the fact of such notice.

SEC. 67. Letters of administration must be granted to any applicant, though it appears that there are other persons having better rights to the administration, when such person fail to appear and claim the issuing of letters to himself. SEC. 68. Before letters of administration are granted on the estate of any person who is represented to have died intestate, the fact of his dying intestate must be

tice.

When letters

granted a p though oth

plicant,

ers entitled.

proved by the testimony of the applicant or others; and Facts that

also examine

other any

the court may
person concerning
the time, place, and manner of his death, the place of
his residence at the time, the value and character of his
property, and whether or not the decedent left a will,
and may compel any person to attend as a witness for
that purpose.

shall appear before letters granted.

letters at in

stance of per

son entitled

SEC. 69. Administration may be granted to any one or more competent persons, although not entitled to the same, at the written request of the person entitled, filed in court.

ARTICLE V.- Revocation of Letters and Proceedings
Therefor.

SEC. 70. When letters of administration have been granted to any person other than the surviving husband

Revocation of or wife, child, father, mother, brother, or sister of the intestate, any one of them may obtain the revocation of to adminis the letters, and be entitled to the administration, by presenting to the probate court a petition praying the revocation, and that letters of administration may be issued to him.

ter.

Notice and

citation after

SEC. 71. When such petition is filed, the clerk must, in addition to the notice provided in section 57, issue a to revoke let citation to the administrator to appear and answer the same at the time appointed for the hearing.

petition filed

ters.

SEC. 72. At the time appointed, the citation having been duly served and returned, the court must proceed Hearing of to hear the allegations and proofs of the parties; and if the right of the applicant is established, and he is competent, letters of administration must be granted to him, and the letters of the former administrator revoked.

petition to revoke.

When surviv

ing husband

or wife may have letters

revoked and

re-issued.

Oath of ad

SEC. 73. The surviving husband or wife, when letters of administration have been granted to a child, father, brother, or sister of the intestate, or any of such relatives, when letters have been granted to any other of them, may assert his prior right, and obtain letters of administration, and have the letters before granted revoked in the manner prescribed in the three preceding sections.

ARTICLE VI.- Executors and Administrators— Oath and Bond of.

SEC. 74. Before letters testamentary or of adminisministrator. tration are issued to the executor or administrator, he

must take and subscribe an oath before some officer authorized to administer oaths, that he will perform, according to law, the duties of executor or administrator; which oath must be attached to the letters.

Records of

All letters testamentary and of administration issued to, and all bonds executed by, executors or administrators, with the affidavits and certificates thereon, must be letters, bonds, forthwith recorded by the clerk of the court having jurisdiction of the estates, in books to be kept by him in his office for that purpose.

SEC. 75. Every person to whom letters testamentary or of administration are directed to issue must, before receiving them, execute a bond to the territory of Montana, with two or more sufficient sureties, to be approved by the probate judge. The penalty must not be less than twice the value of the personal property and twice the probable value of the annual rents, profits, and issues of the real property belonging to the estate, which values must be ascertained by the probate judge by examining, on oath, the party applying, and any other persons.

SEC. 76. The probate judge must require an additional bond whenever the sale of any real estate belonging to an estate is ordered by him; but no such additional bond must be required when it satisfactorily appears to the court that the penalty of the bond given before receiving letters, or of any bond given in place thereof, is equal to twice the value of the personal property remaining in, or that will come into, the possession of the executor or administrator, including the annual rents, profits, and issues of real estate, and twice the probable amount to be realized on the sale of the real estate to be sold.

affidavits, &c.

Bond of execministrator.

utor or ad

When pro

bate judge

must require

additional

bond.

Condition of

SEC. 77. The bond must be conditioned that the executor or administrator shall faithfully execute the bond. duties of the trust according to law.