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$ 20. Before letters of administration shall hereafter be Affidavit to be
Aled. issued, the person applying for the same, or some other credible person, shall make and file an affidavit with the proper clerk, setting forth, as near as may be, the date of the death of the deceased, the probable amount or value of the personal estate, and the names of the heirs and widow, or surviving husband, if known. $ 21. The form of administration hereafter to be issued form of ad
ministration. in this state shall, as near as may be, be as follows, to-wit: STATE OF ILLINOIS, County of 5 The People of the State of Illinois, to all to whom these presents shall come
GREETING: Know ye, that whereas, A B, of the county of and state of Illinois, died intestate, as it is said, on or about the day of ...., A. D. 18.., having at the time of his decease, personal property in this state which may be lost, destroyed or diminished in value, if speedy care be not taken of the same; to the end, therefore, that said property may be collected and preserved for those who shall appear to have a legal right or interest therein, we do hereby appoint C D, of the county ...., and state of Illinois, administrator of all and singular the goods and chattels, rights and credits, which were of the said A B at the time of his decease, with full power and authority to secure and collect the said property and debts wheresoever the same may be found in this state, and in general, to do and perform all other acts which now are or here. after may be required of him by law.
Witness E F, clerk of the county court in and for the said county of ...., and the seal of said court, this day of .. A. D. 18.. (L. s.]
Clerk. And in all cases where letters of administration with the will annexed, letters of administration de bonis non, or letters of administration to any public administrator are issued, the same shall be in conformity with the foregoing form, as nearly as may be, taking care to make the necessary variations, additions or omissions to suit each particular case.
$ 22. The county court shall, in all cases, upon grant Administrator ing administration of the goods and chattels, rights and cath. credits of any person having died intestate, require the administrator (public administrators excepted) to take and subscribe and file with the clerk of the court an oath, in substance following, to-wit:
I do solemnly swear (or affirm) that I will well and truly administer all and singular the goods and chattels, rights, credits and effects of A B, deceased, and pay all just claims and charges against his estate, so far as his goods, chattels and effects shall extend, and the law charge me; and that I will do and perform all other acts required of me by law, to the best of my knowledge and abilities.
$ 23. Every administrator, except as is herein before in to conterstrando section eight provided, shall, before entering upon the du- bond. ties of his office, enter into bond, with good and sufficient security, to be approved by the county court, in a sum double the value of the estate, and payable to the People of the State of Illinois, for the use of parties interested, substantially in the following form, to-wit ;
Know all men by these presents, that we, A B, C D and E F, of the county Form of bond. of ...., and state of Illinois, are held and firmly bound unto the People of the
State of Illinois, in the penal sum of .... dollars, current money of the United States, which payment, well and truly to be made and performed, we and each of us bind ourselves, our heirs, executors and administrators, jointly, severally and firmly, by these presents. Witness our hands and seals, this day of ..., i8..
The condition of the above obligation is such that if the said A B, adminis. trator of all and singular the goods and chattels, rights and credits of J K, de. ceased, do make, or cause to be made, a true and perfect inventory of all and singular the goods and chattels, rights and credits of the said deceased, which shall come to the hands, possession or knowledge of him, the said A B, as administrator, or to the hands of any person or persons for him; and the same so made, do exhibit, or cause to be exhibited, in the county court of the said county of ...., agreeably to law; and such goods and chattels, rights and credits, do well and truly administer according to law, and all the rest of the said goods and chattels, rights and credits, which shall be found remaining upon the account of the said administrator, the same being at first examined and allowed by the court, shall deliver and pay unto such person or persons, re spectively, as may be legally entitled thereto; and further, do make a just and true account of all his actings and doings therein, when thereunto required by the said court; and if it shall appear that any last will and testament was made by the deceased, and the same be proved in court, and letters testamentary or of administration be obtained thereon, and the said A B do, in such case, on being required thereto, render and deliver up the letters of administration, granted to him as aforesaid, and shall in general do and perform all other acts which may at any time be required of him by law, then this obligation to be
void: otherwise to remain in full force and virtue. Filed in office of county clerk.
Which said bond shall be signed and sealed by the said administrator and his securities, attested by the clerk of the county court, and filed in his office. And in all cases where bonds shall be taken from any administrator de bonis non, or in any other case where a form shall not be prescribed in this act, the same shall be made, as nearly as may be, in conformity with the form above prescribed, with corresponding variations to suit each particular case.
GENERAL PROVISIONS IN REGARD TO BONDS OF EXECUTORS AND
Suits on bonds.
$ 24. When two or more persons are appointed executors or administrators of the same estate, the court may
take a separate bond, with sureties, from each, or a joint bond, with gureties, from all.
$ 25. All bonds which may at any time be given by any executor or administrator, either with or without the will annexed, or de bonis non, to collect, or public administrator, may be put in suit and prosecuted against all or any one or more of the obligors named therein, in the name of the People of the State of Illinois, for the use of any person who may have been injured by reason of the neglect or im. proper conduct of any such executor or administrator, and such bonds shall not becoine void on the first recovery thereon, but may be sued upon, from time to time, until the whole penalty shall be recovered : Provided, that the person for whose use the same is prosecuted, shall be liable for all costs which may accrue in the prosecution of the same, in case the plaintiffs fail in their suit; and certified copies of all such bonds, under the seal of the clerk of the county
court, shall be received as evidence to authorize such recovery in any court of law or equity of competent jurisdiction.
REVOKING LETTERS AND REQUIRING NEW BONDS.
When will is
When will is
$ 26. County courts shall revoke letters of administra- Revoking lettion in all cases where the same were granted to any person upon the false and fraudulent pretence of being a creditor of the estate upon which administration is granted, or upon any other false pretence whatever. $
27. When it appears that such letters were fraudu. Jadgment for lently obtained by such administrator, the court revoking costs. the same shall give judgment against the administrator for all costs of suit.
$ 28. If, at any time after letters of administratioa have been granted, a will of the deceased shall be produced, and produced. probate thereof granted according to law, such letters of administration shall be revoked.
§ 29. ln all cases where a will, testament or codicil shall have been proved and letters granted thereon, as aforesaid, set aside. and such will shall thereafter be set aside by due course of law, the letters granted thereon shall be revoked.
$ 30. The county court may revoke all letters testamentary, or of administration, granted to persons who become may revoke. .insane, lunatic or of unsound mind, habitual drunkards, are convicted of infamous crimes, waste or mismanage the estate, or who conduct themselves in such manner as to en. danger their co-executors, co-administrators or securities, in all which cases the court sball summon the person charged to be in default or disqualitied, as aforesaid, to show cause why such revocation should not be made. When revocation is made, the reason therefor shall be stated at large upon the record.
$ 31. When it shall come to the knowledge of the county Removal of adcourt, by affidavit or otherwise, that any executor or administrator of an estate is about to remove or has removed beyond the limits of this state, it shall be the duty of such court to cause a notice to be published in some newspaper in the county where letters testamentary or of administration were granted, for four weeks successively; and if do newspaper is published in said county, then by posting up a notice at the court house door, notifying the said executor or administrator to appear before him within thirty days after the date of such notice, and make a settlement of his accounts as required by law. It the executor or administrator neglects or refuses to make such settlement, it shall be the duty of said county court to remove him from office.
$32. When any court grants letters, testamentary or of security. administration, of the estate of any person deceased, without taking good security as aforesaid, or when any sccurity heretofore or hereafter taken becomes insufficient, the court
may, on the application of any person entitled to distribution, or otherwise interested in such estate, require such executor or administrator to give other and sufficient security; and in default thereof the letters, testamentary or of administration, shall be revoked, and adininistration de bonis non granted; but all acts done according to law by the executor or administrator so removed prior to such revocation,
shall be valid. Petition of § 33. When a surety for an executor or an administraburety.
tor, or his representatives, may conceive himself or themselves in danger of suffering by the mismanagement of such executor or administrator, and shall petition the county court for relief, in writing, setting forth the cause of such apprehension, the said court shall examine such petition, ani if the court shall deem the causes therein set forth sufficient to entitle such petitioner or petitioners to relief, if true he shall summon such executor or administrator to show cause against such petition; and may dismiss the same, or direct such executor or administrator either to give good counter security to save such petitioner or petitioners harmless, or to give a new bond in the like penalty as the first; and upon refusal or neglect to give such counter security or new bond, the letters granted to such executor or
administrator may be revoked. New bond,
$ 34. Whenever a new bond is required to be given by. an executor or administrator under either of the two preceding sections, the formal part of the bond shall be as heretofore prescribed, with a condition thereto, subetantially in
the following form, to-wit: Form of bond. The condition of the above obligation is such, that whereas the above boun
den A B, executor of the last will and testament of J K, deceased (or administrator of the goods and chatiels, rights and credits of J K, deceased), has heretofore executed a bond, payable to the People of the State of Illinois, and for the discharge of his duties as executor (or administrator), as aforesaid, which said bond bears date on the
A. D. 18..; and whereas, by an order of the county court, made on the
A. D. 18.., other bond and security has been required of the said executor (or administra. tor). Now, therefore, if the said executor (or administrator) shall well and truly have kept and performed and shall well and truly keep and perform the conditions of the bond first given, as aforesaid, in all respects according to law, and shall in all respects have performed, and shall continue to perform, the duties of his office, as aforesaid, then this obligation to be void: otherwise to remain in full force and virtue.
Which bond shall be signed, sealed, approved, attested and tiled in the same manner as other executors' or administrators' bonds, and shall have relation back to the time of granting letters testamentary or ot administration,
$ 35. Whenever any surety on the bond of any execuSurety desiring to be released. tor or administrator desires to be released from further lia
bility upon any such bond, he may petition the court in which said bond is filed, for that purpose, and upon notice being given to the executors or administrators, as the court may direct, the court shall compel such executor or admin
istrator within a reasonable time, to be fixed by the court, to settle and adjust his accounts, and pay over whatever balance may be found in his hands, and file in such court a new bond, in such penalty and security as may be approved by the court—which being done, the surety may be discharged from all liability on such bond.
§ 36. If such executor or administrator sball fail to comply with such order within the time fixed by the court,
ing to comply. the court sball order that such executor or administrator be removed from his office, and shall appoint some other fit person as administrator, with the will annexed, or de bonis non, who shall give a bond as required by law. And in case of the failure of the former executor or administrator to settle his accounts and to pay over to the person so appointed all moneys, effects or choses in action in his hands by reason of his said office, then such successor shall proceed to collect the same by suit against such executor or administrator, or by suit upon his bond; and upon collection thereof such surety shall be discharged. § 37. When a sole or surviving executor or administra- Sole or sarvir
ing executor. tor dies without having fully administered the estate, if there is personal property not administered, or are debts die from the estate, or is anything remaining to be performed in the execution of the will, the county court shall grant letters of administration, with the will annexed, or otherwise, as the case may require, to some suitable person, to administer the estate of the deceased not already administered : Provided, that when there is still a surviving executor or administrator, he may proceed to administer the estate, unless otherwise provided.
§ 38. Where the letters of one of several executors or adunioistrators is revoked, or one or more of the executors or adıninistrators die or become disqualified, the court may join others in their place, and require additional bonds from the new administrator or adıninistrators; or the survivor or sur vivors, or such as shall not have their powers revoked, shall proceed to manage the estate. When the letters of all of When all are them are revoked, or all of such executors or administrators
disqualified. die before final settlement and distribution of the estate, administration, with the will annexed, or de bonis non, shali be granted to the persons next entitled thereto.
8 39. In all cases where any such executor or adminis- Liable on bond. tor shall have his letters revoked, he shall be liable on his bond to such subsequent administrator, or to any other person aggrieved, for any mismanagement of the estate committed to his care; and the subsequent administrator may have and maintain actions against such former executor or administrator for all such goods, chattels, debts and credits as shall have come to his possession, and which are withheld or have been wasted, embezzled or misapplied, and no satisfaction made for the same.
When one is removed.