(13829)

APPOINTMENT OF ADMINISTRATOR

(13829). Removal of Administrator.

SEC. 11. If an administrator shall reside out of this state, or shall neglect, after due notice by the judge of probate, to render his account and settle the estate, according to law, or to perform any decree of such court, or shall abscond or become insane, or otherwise unsuitable or incapable to discharge the trust, the probate court may, by an order therefor, remove such administrator, and every executor and administrator, upon his request, may be allowed to resign his trust, when it shall appear to the judge of probate proper to allow the same: Provided, Such executor or administrator shall, prior and up to the time of his resignation, settle and adjust his accounts with the estate of which he may be executor or administrator: Provided, further, That the sureties of such executor or administrator shall not be released from liability until such executor or administrator shall have fully settled and adjusted his accounts as aforesaid.

HISTORY:

Re-enacts Sec. 12 of R. S. '46, Ch. 70, As Am. '50, p. 16, Act 20, Imd. Eff. Feb. 5, being C. L. '57, (2888); C. L. '71, (4388); How. 5858; C. L. '97, (9333). Unchanged.

NOTE: Section 13 of R. S. '46, Ch. 70; C. L. '57, (2889); C. L. '71, (4389); How. 5859, was repealed by Act 110 of '75. It provided that the authority of an administratrix should be extinguished by her marriage.

REMOVAL OF ADMINISTRATOR: The probate court has complete jurisdiction for removal of executors and administrators and over their official acts. Courts of chancery cannot interfere to remove them or call them to account. Holbrook v. Campau, 22 Mich. 289; Pitcher v. Douglas, 37 Mich. 339, 341. As to accounting, see Damouth v. Klock, 29 Mich. 289. Who may petition for removal, grounds for removal and requisites of petition. White v. Spaulding, 50 Mich. 22.

The petition of a creditor for the removal of an administratrix on the ground that she holds certain property in her own name in fraud of the creditors of the estate should not be granted if the creditor has another and complete remedy. McFarlan v. McFarlan, 155 Mich. 652. See further, Lafferty v. People's Sav. Bank, 76 Mich. 48; In re An administrator de bonis non may be Rice's Estate, 158 Mich. 53. appointed after the resignation of a former administrator and before the latter shall have adjusted and fully settled his account. In re Thompson's Estate, 183 Mich. 618; 21 D. L. N., 1245; 150 N. W., 318.

(13830). When Administrator Removed.

SEC. 12. When an administrator shall be removed, or his authority shall be extinguished, the remaining administrator, if any, may execute the trust; if there shall be no other, the

court of probate may commit administration of the estate not already administered to some suitable person, as in case of the death of a sole administrator.

HISTORY: Re-enacts Sec. 14, R. S. '46, Ch. 70, being C. L. '57, (2890); C. L. '71, (4390); How. 5860; C. L. '97, (9334). Unchanged. CONSTRUED: See Compilers' Section (13816); Osman v. Traphagen, 23 Mich. 80; Owen v. Ward's Estate, 127 Mich. 695; Cole v. Shaw, 134 Mich. 501; In re Thompson's Estate, 183 Mich. 623.

(13831). Powers of Administrator.

SEC. 13. An administrator, appointed in the place of any former executor or administrator, for the purpose of administering the estate not already administered, shall have the same powers, and shall proceed in settling the estate in the same manner, as the former executor or administrator should have had or done; and may prosecute or defend any action commenced by or against the former executor or administrator, and may have execution on any judgment recovered in the name of such former executor or administrator.

HISTORY: Re-enacts Sec. 15, R. S. 46, ch. 70, being C. L. 57, (2891); C. L. '71, 4391; How. 5861; C. L. '97, (9335). Unchanged.

(13832). Administration to be Revoked on Proof of Will.

SEC. 14. If, after the granting of letters of administration by any probate court, on the estate of any deceased person, as if he had died intestate, a will of such deceased person shall be duly proved and allowed by such court, the first administration shall, by decree of said court, be revoked, and the powers of the administrator shall cease, and he shall thereupon surrender his letters of administration into the probate court, and render an account of his administration, within such time as the court shall direct.

HISTORY: Re-enacts Sec. 16, R. S. '46, Ch. 70, being C. L. '57, (2892); C. L. '71, (4392); How. 5862; C. L. '97, (9336). Unchanged. DETERMINATION OF INTESTACY NOT CONCLUSIVE: The determination by the Probate Court in the original proceedings that deceased died intestate was not bar to a later proceeding to probate the will. In re Broffee's Estate 206 Mich. 110; In re Carney's Estate, 199 Mich. 667.

(13833). Powers of Executor in Such Case.

SEC. 15. The executor of the will shall, in such case, be entitled to demand, sue for and collect all the goods, chattels,

rights and credits 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.

HISTORY: Re-enacts Sec. 17, R. S. '46, Ch. 70, being C. L. '57, (2893); C. L. '71, (4393); How. 5863; C. L. '97, (9337). Unchanged.

(13834). Acts of Prior Executor Valid.

SEC. 16. 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.

HISTORY: Re-enacts Sec. 18, R. S. '46, Ch. 70, being C. L. '57, (2894); C. L. '71, (4394); How. 5864; C. L. '97, (9338). Unchanged. CONSTRUED: Lafferty v. People's Sav. Bank, 76 Mich. 59.

(13835). Administrators May Give Joint or Separate Bond.

SEC. 17. When two or more persons shall be appointed administrators on any estate, the judge of probate may take a separate bond from each with sureties, or a joint bond, with sureties from all.

HISTORY: Re-enacts Sec. 19, R. S. '46, Ch. 70, being C. L. '57, (2895); C. L. '71, (4395); How. 5865; C. L. '97, (9339). Unchanged.

(13836). Application for Administrator of Intestate Estate.

SEC. 18. When application shall be made to the judge of probate for the appointment of an administrator on an intestate estate, or for letters of administration with the will annexed, or administration de bonis non he shall cause notice of the same, and of the time and place of hearing thereof, "to be given as provided by section nine of chapter fifty-two of this act.

HISTORY: Re-enacts Sec. 20, R. S. '46, Ch. 70, being C. L. '57, (2896); C. L. '71, (4396); How. 5866; C. L. '97, (9340), As Am. '11, p. 46, Act 36, Eff. Aug. 1, changing the phraseology of the last clause in relation to the rule governing the notice. Modified, as to notice.

CONSTRUED: Section 9 of Ch. 52, above referred to is Compilers' Section (13781); Wilkinson v. Conaty, 65 Mich. 614; Feustman v. Gott's Estate, 65 Mich. 592; Lynch v. Wayne Probate Judge, 101 Mich. 173; Kammerer v. Morlock, 125 Mich. 323; In re Carney's Estate, 199 Mich. 667. Notice when there are foreign heirs. See next section.

(13837). Probate Judge to Notify Foreign Consuls in Certain

Cases.

SEC. 19. Whenever it shall appear upon application to any probate court for letters of administration, or to prove the will of any deceased person, that the heirs at law of said deceased, or any of them, are residents of a foreign country, it shall be the duty of the judge of such probate court to notify the consul of such foreign nation in the city of New York, or the consul, vice-consul, or consular agent, resident in this state, if there be one of such foreign nation, of the pending of, and the day appointed for, hearing such application. And such notice may be given by letter addressed to such consul, vice-consul, or consular agent, and deposited in the postoffice, with the postage prepaid thereon, at the city or village where such application was made, at least sixty days before such day of hearing, unless such heir or heirs shall file in such probate court a waiver of such notice, in writing and under oath.

HISTORY: Re-enacts Sec. 1 of Act 221 of '65, being C. L. '71. (5245); As Am. '77, p. 34, Act 47, Imd. Eff. Apr. 14; How. 6812; As Am. '87, p. 69, Act 64, Imd. Eff. Apr. 9; As Am. '95, p. 157, Act 59, Eff. Aug. 30; As Am. '97, p. 156, Act. 134, Eff. Aug. 30; C. L. '97, (9344). CONSTRUED: As to the amendatory Act of '87, in connection with Compilers' Section (13780), see Rice v. Hosking, 105 Mich. 303. As to Constitutionality. Paperno v. Mich. Ry. Eng. Co., 202 Mich. 266.

(13838). When Notice to be Served on Attorney General.

SEC. 20. Whenever a petition for administration is filed in any probate court of this state, praying for the appointment of an administrator of the estate of any deceased person, and from which petition it appears that the decedent died intestate leaving no known heirs; or whenever it shall appear during the course of administration of any intestate estate that the decedent left no known heirs, or whenever a petition is filed praying for the administration of the estate of a testate decedent and from which it appears that the beneficiaries of the purported will referred to would not be entitled to share in such estate but for the terms of such purported will, and that such decedent died leaving no known natural heirs, it shall be the duty of the judge of said court to forthwith serve notice upon the attorney general of this state of the pendency of such proceedings and of the fact that in such estate there are no known natural heirs. Such notice shall be served by

registered mail. Upon entering his appearance in such estate, the attorney general shall be entitled to like written notice of the hearing of claims, whether before the court or before commissioners.

HISTORY: Re-enacts and supersedes Sec. 1 of Act 316 of '13, p. 596, Eff. Aug. 14, though such section is not expressly repealed by this act. Unchanged.

(13839). Rights of Attorney General.

SEC. 21. In any such case, the attorney general, representing the state, shall have all the rights of any heir, representative or creditor to be heard and to contest the validity of any claim, order, appointment or any instrument purporting to be a contract or will of the decedent, and shall have all the rights granted or accruing to heirs, representatives or creditors under the laws of the state relating to the settlement of estates of either testates or intestates, either in such probate court or by way of appeal.

HISTORY: Re-enacts and supersedes Sec. 2 of Act 316 of '13, p. 596, Eff. Aug. 14, though such section is not expressly repealed by this act. Unchanged.

(13840). Appointment of Temporary Administrator.

SEC. 22. If any person shall be missing or absent from his usual place of residence in this state, and his whereabouts unknown, for the space of three months or more, and shall leave property which is going to waste or is in danger of be ing destroyed or lost for the want of a proper custodian, the judge of probate of the county in which he was last known to reside, shall have power, upon the application or petition of the wife or next of kin, or of one or more of his principal creditors, which petition shall state the facts of the case as known, and be verified by the oath of the applicant, to appoint a temporary administrator to collect and take charge of the estate of the person so missing or absent, until the fact of his death or survival can be satisfactorily established, and in case of his death, until the question of the allowance of his will, if any, shall be determined, and an executor or administrator, or special administrator, shall be appointed and quali fy.

HISTORY: Re-enacts Sec. 1 of Act 196 of '79, being How. 5867; C. L. '97, (9341). Unchanged.