probate court of the county of with the seal of the court affixed, the AD., 18. By order of the court, G. H., clerk.” ART. 2257, Sec 72.Before letters testamentary or of administration shall be St issued to the executor or administrator, he shall take and subscribe an oath or affirmation, before the probate judge or clerk, that he will perform according to law the duties of executor or administrator. 261 2.633 Sec. 73 Every person to whom letters testamentary or of administration, shall $63 have been directed to issue, shall, before receiving the letters, execute a bond the state of California, with two or more sufficient sureties, to be approved by Pe probate judge. In form, the bond shall be joint and several, and the penalty shall not be less than twice the value of the personal property belonging to the Yst. 64 estate, which value shall be ascertained by the probate judge, by the examination P368 on oath of the party applying, and of any other persons he may think proper to examine. The probate judge shall require an additional bond, whenever the sale of any real estate, belonging to an estate, is ordered by him. The bond shall be conditioned that the executor or administrator shall faithfully execute the duties of the trust according to law. He shall also require bond and sufficient surety for the annual rents, issues and profits of all real estate in his charge, as such executor or administrator, to be approved by the probate judge.—[Am. May 3, 1852; R. S. St. 1851, 456; St. 1850, 382. Sec. 74. When two or more persons shall be appointed executors or administrators, the probate judge shall take a separate bond from each of them. ART. 2258, Sec. 75. The bond shall not be void upon the first recovery, but may be sued upon from time to time by any person aggrieved, in his own name, until the whole penalty is exhausted. Sec In all cases where bonds are required by this act, the sureties must SS justify on bath before the judge or clerk of some court having a seal, to the effect that they are householders, or freeholders, resident within this state, and worth the amount justified to, over and above their debts and liabilities, exclusive of property exempt from execution; such justification shall be in writing, signed by the person justifying and certified to by the judge or clerk who takes the same, 36 and attached to, and filed with, the bond. Whenever the penal sum of the bond St.6.4 $36 amounts to more than two thousand dollars, the sureties may be allowed to become liable for portions of said penal sum, making in the aggregate the whole penal sum of such bond.-[Am. May 7, 1855; R. S. St. 1851, 456; St. 1850, 382; C. L. 386. Sec. 77. When it is expressly provided in the will of a testator that no bond shall be required of the executor, letters testamentary may issue without any bond having been given; but an executor to whom letters have been issued without bond may, at any time afterwards, whenever it may be shown from any cause to be necessary or proper, be required to appear and file a bond as in other cases. ART. 2259, Sec. 78. Whenever any person interested in any estate shall discover that the sureties of any executor or administrator have become or are becoming insolvent, that they have removed or are about to remove from the state, or that, from any other cause, the bond is insufficient, he may apply, by petition, to the probate judge, and require that further security be given. Sec. 79. If the probate judge shall be satisfied that the matter requires investigation, a citation shall be issued to the executor or administrator, requiring him to appear, at a time and place to be therein specified, to show cause why he should not give further security. The citation shall be served personally on the executor or administrator, at least five days before the return-day. If he shall have absconded, or cannot be found, it may be served by leaving a copy of it at his last place of residence. Sec. 80. On the return of the citation, or at such other time as the judge shall appoint, he shall proceed to hear the proofs and allegations of the parties. If it shall satisfactorily appear that the security is, from any cause, insufficient, he may make an order requiring the executor or administrator to give further security, or, to file a new bond in the usual form, within a reasonable time, not exceeding five days. Sec. 81. If the executor or administrator neglect to comply with the order, within the time prescribed, the judge shall, by order, revoke his letters, and his authority shall thereupon cease. ART. 2260, Sec. 82. When a petition is presented, praying that an executor or administrator be required to give further security, and when it shall also be alleged, on oath or affirmation, that the executor or administrator is wasting the property of the estate, the judge may, by order, suspend his powers until the matter can be heard and determined. Sec. 83. When it shall come to his knowledge that the bond of any executor or administrator is, from any cause, insufficient, it shall be the duty of the probate judge, without any application, to cause him to be cited to appear and show cause why he should not give further security, and to proceed thereon, as upon the application of any person interested. XSa St. istap.67s ART. 2261, Sec. 84. When either or all of the sureties of any executor or administrator shall desire to be released from responsibility, on account of his future acts, they may make application to the probate judge for relief, and the judge shall cause a citation to the executor or administrator to be issued and served, requiring him to appear, at a time and place to be therein specified, and to give other security. Sec. 85. If new sureties be given to the satisfaction of the judge, he may, thereupon, make an order that the surety or sureties who applied for relief, shall not be liable, on their bond, for any subsequent act, default, or misconduct of the executor or administrator. Sec. 86. If the executor or administrator neglect or refuse to give new sureties, to the satisfaction of the judge, on the return of the citation, or within such reasonable time as the judge shall allow, not exceeding five days, he shall, by order,, revoke the letters granted. ART. 2262, Sec. 87. The applications, authorized by the nine preceding sections of this chapter, may be heard and determined out of term-time. All orders, made therein, shall be entered upon the minutes of the court. ART. 2263, Sec. 88. When there shall be a delay in granting letters testamentary or of administration, from any cause, or when such letters shall have been granted irregularly, or no sufficient bond shall have been filed as required by law, or when no application shall have been made for such letters, the probate judge shall appoint a special administrator to collect and take charge of the estate of the deceased, in whatever county or counties the same may be found, and to exercise such other powers as may be necessary for the preservation of the estate; or he may direct the public administrator of his county to take charge of the estate.-[Am. April 23, 1855; R. S. St. 1851, 458; St. 1850, 383; C. L. 388. Sec. 89. The appointment may be made out of term-time, and without notice, and shall be made, by entry, upon the minutes of the court, which shall specify the powers to be exercised by the administrator. Upon such order being entered, and after the person appointed has given bond, the clerk shall issue letters of administration to such person, in conformity with the order. Sec. 90. In making the appointment of a special administrator, the probate judge shall give preference to the person or persons entitled to letters testamentary, or of administration, but no appeal shall be allowed from the appointment. ART. 2264, Sec. 91. Before any letters shall issue to any special administrator, he shall give bond in such sum as the probate judge may direct, with sureties, to the satisfaction of said judge, conditioned for the faithful performance of his duties. See St. 17634 Sec. 92. The special administrator shall collect and preserve for the executor or administrator all the goods, chattels and debts of the deceased, and for that 634 purpose may commence and maintain suits as an administrator. He may sell such perishable estate as the probate court may order to be sold, and may exercise such other powers as may have been conferred upon him by his appointment; but in no case shall he be liable to an action by any creditor on any claim against the estate, nor pay any claim against the deceased. Sec. 93. When letters testamentary, or of administration, on the estate of the deceased have been granted, the powers of the special administrator shall cease, and he shall forthwith deliver to the executor or administrator all the property and effects of the deceased in his hands; and the executor or administrator may be permitted to prosecute to final judgment any suit commenced by the special administrator. Sec. 94. The special administrator shall also render an account on oath, of his proceedings, in like manner as other administrators are required to do. ART. 2265, Sec. 95. Whenever an executor or administrator shall die, or his letters be revoked, and the circumstances of the estate require the immediate appointment of an administrator, the probate judge may appoint a special administrator, as provided in the preceding sections. ART. 2266, Sec. 96. In case any one of several executors or administrators, to whom letters shall have been granted, shall die, become lunatic, be convicted of an infamous offense, or otherwise become incapable of executing the trust, or in case the letters testamentary, or of administration, shall be revoked, or annulled, according to law, with respect to any one executor or administrator, the remaining executor or administrator shall proceed and complete the execution of the will or administration. Sec. 97. If all such executors or administrators shall die or become incapable, or the power and authority of all of them shall be revoked according to law, the probate court shall issue letters of administration with the will annexed, or otherwise, to the widow or next of kin, or others, in the same manner as is directed in relation to original letters of administration. The administrators so appointed shall give bond in the like penalty, with like sureties and conditions as hereinbefore required of administrators, and shall have the like power and authority. ART. 2267, Sec. 98. If after granting letters of administration on the ground of intestacy, a will of the deceased shall be duly proved and allowed by the court, the letters of administration shall be revoked, and the power of the administrator shall cease, and he shall render an account of his administration within such time as the court shall direct. Sec. 99. In such case, the executor of the will, or the administrator with the will annexed, shall be entitled to demand, sue for, and collect all the rights, goods, chattels and effects of the deceased, remaining unadministered, and may be admitted to prosecute to final judgment any suit commenced by the administrator before the revocation of his letters of administration. ART. 2268, Sec. 100. Any executor or administrator may, at any time, by writing filed in the probate court, resign his appointment; provided, he shall first settle his accounts, and deliver up all the estate to such person as may be appointed by the court. Sec. 101. All acts of an executor or administrator, as such, before the revocation of his letters testamentary, or of administration, shall be as valid to all intents and purposes as if such executor or administrator had continued lawfully to execute the duties of his trust. ART. 2269. A transcript from the minutes of the court showing the appointment of any person as executor or administrator, together with the certificate of the clerk under his hand, and the seal of his court, that such person has given bond and been qualified, and that letters testamentary, or of administration, have been issued to him, and have not been revoked, shall have the same effect in evidence as the letters themselves.(1). ART. 2270, Sec. 1035 No probate judge shall admit to probate any will, or grant letters testamentary, or of administration, in any case where he shall be interested as next of kin to the deceased, or as a legatee or devisee under the will, or where he shall be named as executor or trustee in the will, or shall be a witness thereto. Sec. 104. When any probate judge, who would otherwise be authorized to act, y shall be precluded from acting from the causes mentioned in the preceding section, or when he shall be in any manner interested upon a representation, and due proof thereof, to the probate judge of an adjoining county, such judge shall be vested with all the powers and authority of the proper probate judge, in relation to the proof of any will, and the granting of letters testamentary, or of administration/ thereon, and the granting of letters of administration in cases of intestacy, and shall retain jurisdiction as to all subsequent proceedings in regard to the estate IV. THE INVENTORY AND COLLECTION OF THE EFFECTS OF DECEASED PERSONS. ART. 2271, Sec. 105. Every executor or administrator shall make and return to the court, at its first term after his appointment, a true inventory and appraisement of all the estate of the deceased which shall have come to his possession or knowledge. Xxle St. Sec. 106 For the purpose of making the appraisement, the probate judge shall ap point three disinterested persons, any two of whom may act, and who shall be enti6344 tled to receive a reasonable compensation for their services, to be allowed by the) court; their compensation as allowed shall be in the form of a bill of items of their services, which shall be sworn to by them and filed with the inventory, and which shall not exceed five dollars per day. If any part of the estate shall be in any other county than that in which letters issued, appraisers thereof may be appointed, either by the probate judge having jurisdiction of the case, or by the probate judge of such county. Sec. 10 Before proceeding to the execution of their duty, the appraisers, before any officer authorized to administer oaths, shall take and subscribe an oath, to be attached to the inventory, that they will truly, honestly and impartially, appraise the property which shall be exhibited to them according to the best of their knowledge and ability. They shall then proceed to estimate and appraise the property, and shall set down each article separately with the value thereof in dollars and cents, in figures opposite to the articles respectively. The inventory shall contain all the estate of the deceased, 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 deceased, 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 appraiser, may be collectable on each debt, interest, or security. Sec. 108. The inventory shall also contain an account of all moneys belonging to the deceased, which shall have come to the hands of the executor or administrator, and if more shall have come to his hands, the fact shall be so stated in the inventory. ART. 2272, Sec. 109. The naming any person executor in a will, shall not operate as a discharge of any just claim which the testator had against the executor, but the claim shall be included in the inventory, and the executor shall be liable for the same, as for so much money in his hands at the time the debt or demand becomes due. ART. 2273, Sec. 110. The discharge or bequest in a will of any debt or demand of the testator, against any executor named in his will, or against any other person, shall not be valid 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 in |