Duties of appraisers. Inventory as to community and separ ate property. Inventory as down separately, with the value thereof in dollars and cents, in figures, opposite the articles respectively. The inventory must contain all the estate of the decedent, real and personal, a statement of all debts, partnerships, and other interests, bonds, mortgages, notes, and other securities for the payment of money belonging to the decedent, specifying the name of the debtor in each security, the date, the sum originally payable, the indorsements thereon (if any), with their dates, and the sum which, in the judgment of the appraisers, may be collected on each debt, interest, or security. The inventory must show, so far as the same can be ascertained by the executor or the administrator, what portion of the property is community property, and what portion is the separate property of the decedent. SEC. 121. The inventory must also contain an account of all moneys belonging to the decedent which have come to the hands of the executor or administrator; and to moneys of if none, the fact must be so stated in the inventory. If the whole estate consists of money, there need not be an appraisement, but an inventory must be made and returned as in other cases. deceased. Claim of decedent against exec SEC. 122. The naming of a person as executor does not thereby discharge him from any just claim which the testator has against him, but the claim must be inutor must be cluded in the inventory, and the executor is liable for the same as for so much money in his hands when the debt or demand becomes due. included in inventory. testator in SEC. 123. The discharge or bequest in a will of any debt or demand of the testator against the executor Of the dis named, or any other person, is not valid against the charge by creditors of the decedent, but is a specific bequest of the debt or demand. It must be included in the inventory, and, if necessary, applied in the payment of his debts; if not necessary for that purpose, it must be paid in the same manner and proportion as other specific legacies. will of debt against exec utor. Inventory to be signed by appraisers. SEC. 124. The inventory must be signed by the appraisers, and the executor or administrator must take and subscribe an oath, before an officer authorized to administer oaths, that the inventory contains a true statement of all the estate of the decedent which has come Oath of exec utor or ad thereto. to his knowledge and possession, and particularly of all ministrator money belonging to the decedent, and of all just claims of the decedent against the affiant. The oath must be endorsed upon or annexed to the inventory. SEC. 125. If an executor or administrator neglects or refuses to return the inventory within the time prescribed, or within such further time, not exceeding two months, which the court or judge shall, for reasonable cause, allow, the court may, upon notice, revoke the letters testamentary or of administration, and the executor or administrator is liable on his bond for any injury to the estate, or any person interested therein, arising from such failure. SEC. 126. Whenever property not mentioned in an inventory that is made and filed comes to the possession or knowledge of an executor or administrator, he must cause the same to be appraised in the manner prescribed in this article, and an inventory thereof to be returned within two months after the discovery; and the making of such inventory may be enforced, after notice, by attachment or removal from office. Penalty if ex ecutor or adneglect or re ministrator fuse to return inventory. included in Property not inventory possession of administrapraised and coming into executor or tor to be ap returned. cedent to which executor or ad SEC. 127. The executor or administrator is entitled to the possession of all the real and personal estate of the decedent, and to receive the rents and profits of the real Estate of deestate, until the estate is settled, or until delivered over by order of the probate court to the heirs or devisees; ministrator is and must keep in good tenantable repair all houses, buildings, and fixtures thereon which are under his control. The heirs or devisees may themselves, or jointly with the executor or administrator, maintain an action for the possession of the real estate, or for the purpose of quieting the title to the same, against any one except the executor or administrator. SEC. 128. Unless it satisfactorily appears to the pro entitled. court When bate court that the rents, issues, and profits of the real estate for a longer period are necessary to be received by the executor or administrator, wherewith to pay the debts of the decedent, or that it will probably be necesestate deliv- sary to sell the real estate for the payment of such debts, at the end of ten months from the first publication of the notice to creditors the court must direct the executor or administrator to deliver possession of all the real estate to the heirs at law or devisees. ered to heirs. Liability of person em bezzling or ARTICLE II.-Embezzlement and Surrender of Property of the Estate. SEC. 129. If any person, before the granting of letters testamentary or of administration, embezzles or alienates any of the moneys, goods, chattels, or effects of a decedent, he is chargeable therewith, and liable to an dent before action by the executor or administrator of the estate for double the value of the property so embezzled or alienated, to be recovered for the benefit of the estate. alienating estate of dece letters granted. Citation and of person charged with embezzling, or having in possession property of decedent. SEC. 130. If any executor, administrator, or other person interested in the estate of a decedent, complains to the probate judge, on oath, that any person is suspected to have concealed, embezzled, smuggled, conveyed away, or disposed of any moneys, goods, or chattels of the decedent, or has in his possession or knowledge any deeds, conveyances, bonds, contracts, or other writings, which contain evidences of, or tend to disclose, the right, title, interest, or claim of the decedent to any real or personal estate, or any claim or demand, or any last will, the judge may cite such person to appear before the probate court, and may examine him on oath upon the matter of such complaint. If such person is not in the county where letters have been granted, he may be cited and examined, either before the probate court of the county where he is found, or before the court issuing the citation. But, if, in the latter case, he appears, and is found innocent, his necessary expenses must be allowed him out of the estate. purpose, It person cited under preceding section refuse to ap pear (and is caught, may be imprison SEC. 131. If the person so cited refuse to appear and submit to an examination, or to answer such interrogatories as may be put to him, touching the matter of the complaint, the court may, by warrant for that commit him to the county jail, there to remain in close ed. custody until he submits to the order of the court, or is discharged according to law. If, upon such examination, it appears that he has concealed, embezzled, smuggled, conveyed away, or disposed of any moneys, goods, or chattels of the decedent, or that he has in his possession or knowledge any deeds, conveyances, bonds, contracts, or other writings, tending to disclose the right, title, interest, or claim of the decedent to any real or personal estate, claim, or demand, or any last will of the decedent, the probate court may make an order requiring such person to disclose his knowledge thereof to the executor or administrator, and may commit him to the county jail, there to remain until the order is complied with, or he is discharged according to law. And all such interrogatories and answers must be in writing, signed by the party examined, and filed in the probate court. The order for such disclosure made upon such examination is prima facie evidence of the right of such administrator to such property, in any action brought for the recovery thereof; and any judgment recovered therein must be for double the value of the property as assessed by the court or jury, or for return of the property, and damages in addition thereto equal to the value of such property. Order of court guilty party knowledge. requiring to disclose his Evidence of order for dis closure. In addition to the examination of the party, witnesses Witnesses exmay be produced and examined on either side. a mi ned on either side. SEC. 132. The probate judge, upon the complaint, on oath, of an executor or administrator, may cite any per- Person who son who has been entrusted with any part of the estate has been entrusted with part of estate may be cited to account. of the decedent, to appear before such court, and require of decedent him to render a full account, on oath, of any moneys, goods, chattels, bonds, accounts, or other property or Rights of minor chil papers belonging to the estate, which have come to his possession in trust for the executor or administrator, and of his proceedings thereon; and if the person so cited refuses to appear and render such account, the court may proceed against him as provided in the preceding section. CHAPTER V. ARTICLE I. Of the Provision for the Support of the SEC. 133. When a person dies, leaving a widow or minor children, the widow or children, until letters are granted and the inventory is returned, are entitled to rewidow and main in possession of the homestead, of all the wearing apparel of the family, and of all the household furniture of the decedent; and are also entitled to a reasonable provision for their support, to be allowed by the probate judge. dren. Property set apart for sur viving hus band or wife, children. Of additional SEC. 134. Upon the return of the inventory, or at any subsequent time during the administration, the court or probate judge may, on his own motion or on petition therefor, set apart for the use of the surviving husband or wife or the minor children of the decedent, all property exempt from execution, including the homestead selected, designated, and recorded. If none has been selected, designated, and recorded, the judge of the court must select, designate, set apart, and cause to be recorded a homestead, for the use of the persons hereinbefore named, in the manner provided in Article II. of this chapter, out of the real estate belonging to the decedent. SEC. 135. If the amount set apart be insufficient for the support of the widow and children, or either, the probate court or judge must make such reasonable allowance out of the estate as shall be necessary for the allowance for maintenance of the family, according to their circumstances, during the progress of the settlement of the estate, which, in case of an insolvent estate, must not be longer than one year after granting letters testamentary or of administration. widow and minor children. |