Sec. 42. If any executor or administrator publish for four weeks in some newspaper published in the county where the proceedings are had, if there be one, and, if not, in the nearest newspaper to such county, a notice of his intention to apply to the probate court to resign his letters, and the court, on proof of such publication, shall believe that he or she should be permitted to resign, it shall so order.

Sec. 43. Such person shall then surrender his letters, and his power from that time shall cease, and he shall pay the expenses of the publication.

Sec. 44. If there be more than one executor or administrator of an estate, and the letters or part of them be revoked or surrendered, or a part die, those who remain shall discharge all the duties required by law, respecting the estate.

Sec. 45. If all the executors or administrators of an estate die or resign, or their letters be revoked, in cases not otherwise provided for, letters of administration of the goods remaining unadministered shall be granted to those to whom administration would have been granted if the original letters had not been obtained, or the person obtaining them had renounced the administration; and the administrator shall perform the like duties and incur the like liabilities as the former administrator or executor. Sec. 46. If any executor or administrator die, resign, or his letters be revoked, he or his securities shall account for, pay and deliver to his successor, or to the surviving or remaining executor or administrator, all money, real or personal property of every kind, and all credits, rights, and evidences of debt, and papers of every kind, of the deceased, at such time and in such manner as the court shall order, on final settlement with such executor or administrator, or his or her legal representatives.

Sec. 47. The succeeding administrator, or remaining executor or administrator, may proceed at law against the delinquent and his securities, or either of them, or against any other person possessed of any part of the estate.

Sec. 48. All such suits against securities shall be commenced within seven years after the revocation or surrender of the letters, or the death of the principal.

Sec. 49. If any executor or administrator fail to make either annual or final settlements as required by law, and do not show good cause for such failure after citation, the probate court shall order the executor or administrator to give notice when required, and to make such settlement, or may revoke his letters, or may fine or imprison him until such settlements are made, and the orders of the court complied with.

Sec. 50. In all cases where citation or attachment may be issued against an executor or administrator, for failing to settle his accounts, such delinquent shall pay all costs incurred thereby.

ARTICLE II.

OF PARTNERSHIP ESTATES.

Sec. 51. Surviving partner may administer on partnership effects -when and how.

Sec. 52. Executors or administrators of member of copartnership to make inventory of property.

Sec. 53. Duty of executors or administrators of deceased partner when surviving partner fails to administer.

Sec. 54. Disposition of property when partner administers.
Sec. 55. Condition of bond.

Sec. 56. Bond may be taken by the proper court in the county in which partner resides.

Sec. 57. Authority of probate over survivor.

Sec. 58. Survivor refusing to act, executor or administrator of deceased member of firm to give bond and take possession of partnership effects; his duties.

Sec. 59. To give further bond; its condition.

Sec. 60. Survivor to exhibit, and in certain cases to surrender, partnership property.

Sec. 61. Failure to comply may be cited; penalty.

Sec. 62. What debts must be exhibited for allowance, and property bound for debts.

Sec. 63. Time for exhibition of claims.

Sec. 64. Who may defend claims against partnership; in what cases, and to what extent.

Sec. 65. This act to govern administrators of partnership effects -to what extent.

Sec. 66. Powers of court in case of resignation or removal of administrators.

Sec. 67. Powers of court in case of death of the administrator or executor.

Sec. 68. Other powers granted court; judgment may be rendered against certain parties.

Sec. 69. Notice to be given.

Sec. 70. Notice to be issued, and by what officer.

Sec. 71. Notice, and the manner of its service.

Sec. 72. Executors of partnership property may bring action to wind up (and settle) partnership business.

Section 51. In case of a death of a member of a copartnership, any surviving partner, resident of this territory, shall have the

right to give the bond hereinafter required, to take an inventory of the partnership effects in the presence of witnesses appointed as provided by law, to cause the same to be appraised, and do all other things touching the administration of the partnership effects in the manner provided by this act; but, when the surviving partner administers, his administration shall be had in the county in which the partnership business was conducted.

Sec. 52. The executor or administrator on the estate of the deceased member of the copartnership shall include in the inventory which he is required by law to return to the probate court the gross amount of the partnership estate, as inventoried and appraised, as provided in the preceding section; but the executor or administrator shall charge himself with an amount equal only to the deceased's proportional part of the copartnership interest.

Sec. 53. If the surviving partner shall not have administered on the estate at the time the executor or administrator of the individual estate of the deceased partner shall proceed to take his inventory, it shall be the duty of such executor or administrator to include in the inventory which he is required by law to return the probate court the whole of the partnership estate, goods, chattels, rights, and credits, appraised at their true value, as in other cases; but the appraisers shall carry out in the footing an amount equal only to the deceased's proportional part of the copartnership interest.

Sec. 54. The property appraised as provided in the last preceding section shall remain with, or be delivered over, as the case may be, to the surviving partner, if a resident of the territory, who may be disposed to undertake, within ten days, letters testamentary, or if administration shall have been granted on the estate of the deceased partner, the management thereof, agreeably to the conditions of a bond which he shall be required to give to the people of the territory of Montana, in such time, and with such securities, as is required in other cases of administration.

Sec. 55. The condition of the bond required to be given by the surviving partner desiring to administer upon the partnership estate shall be in substance as follows: The condition of the above bond is, that if A. B., surviving partner of the late firm of shall use due diligence and fidelity in closing the affairs of the late copartnership, apply the property towards paying the copartnership debts, and render an account annually, or oftener, if required by the probate court having jurisdiction, upon oath in said probate court, of all the partnership affairs, including the property owned by the late firm and the debts due them, as well as what may have been paid by the survivor or survivors towards the partnership debts, and what shall be due and owing therefor, and pay over within one year, unless a longer time be allowed by

the probate court, to the executor or administrator of the individual estate, the excess, if there be any beyond satisfying the partnership debts and costs and expenses in closing the affairs of the copartnership, and coming to said dead partner, then the above bond to be void, otherwise to remain in full force.

Sec. 56. Any bond required by this act may be executed by the surviving partner in the county in which he resides, and may be acknowledged before, and approved by, the probate court, or the clerk of such county, and shall be certified to by the court having probate jurisdiction in the county in which administration has been granted on the estate of the deceased partner, and a bond in a sufficient amount, thus taken, shall be valid and effectual, as if it had been executed and approved in the manner prescribed in the two preceding sections.

Sec. 57. The probate court shall have the same authority to cite such survivor to account, to adjudicate such account, to order payments of demands allowed, and to require additional bonds, as in other cases of ordinary administration, and the parties interested shall have the like remedies, by means of such bonds, for any misconduct or neglect of such survivor as may be had against administrators.

Sec. 58. In case the surviving partner shall neglect or refuse to give the bonds required by this act, within the time herein limited, the executor or administrator of the individual estate of the deceased partner, on giving bond as required in the following sections, shall be entitled to be put into the joint possession of the partnership with the surviving partner or partners, and be entitled, conjointly with him or them, to manage and control such partnership for the purpose of winding up the same and collecting the debts and paying the liabilities owing from such firm, together with the costs and expenses of winding up the business thereof. In such cases the business shall be wound up and settled with as much expedition as possible, and, upon the final settlement of such firm, any amount that shall be found is the proportion of such partnership proceeds as is due the estate of the deceased, shall be paid over to such executor or administrator.

Sec. 59. Before proceeding to administer upon such partnership estates, as provided in the preceding section, such executor or administrator shall be required, by the probate court, to give further bond, to its satisfaction, conditioned that he will faithfully execute that trust, and with no unnecessary waste or expense, which bond may be enforced like other administration bonds.

Sec. 60. Every surviving partner, on the demand of any administrator or executor of a deceased partner, shall exhibit to the appraisers the partnership property belonging to the firm at the time of the death of such deceased partner, for appraisement; and in case the administration thereof shall devolve upon such

administrator or executor, the said survivor shall allow him, on demand, to enter into the possession, jointly with himself, of all the property of such partnership, including their books and papers, and all necessary documents pertaining to the same, and shall afford him all reasonable information and facilities for the execution of his trust.

Sec. 61. Every surviving partner who shall neglect or refuse to comply with the provisions of the preceding section may be cited for such neglect or refusal before the probate court; and unless he comply with such provisions, or show sufficient cause for his omission, the probate court may commit him to the common jail of the county, there to remain until he consent to comply, or is discharged by due course of law.

Sec. 62. In all cases when the surviving partner administers upon the partnership effects, he shall have power to pay off demands against the partnership without requiring the same to be exhibited for allowance to the probate court; and such court shall allow such partner in his settlement, as credits, all demands which he may thus discharge, provided said court shall be satisfied of the justness of the demands. But when such partner shall refuse to pay demands against the partnership estate, and when the administrator or executor of the deceased partner's individual estate takes charge of the partnership effects, conjointly with such surviving partner, all such demands shall be exhibited to the probate court for allowance and classification; and the court shall have the same jurisdiction of demands thus presented as it has of demands against estates in ordinary cases; but no judgment or allowance of the probate court against such survivor or administrator or executor shall bind any other property of the survivor or administrator or executor except the partnership

effects.

Sec. 63. All demands presented for allowance or payment against the partnership effects within the first year after the grant of the administration shall be placed in the first class, and all demands presented after the expiration of one year from the granting of the letters shall be placed in the second class, and all claims not presented or paid within two years from the date of the letters shall be forever barred against the partnership effects administered upon. But in case of any demand against the partnership estate being allowed and paid by the executor or administrator out of the private estate of the deceased partner, then such payment so made shall be charged against the partnership effects, and shall be allowed and included in the final settlement of the partnership administrator or executor.

Sec. 64. In all cases where the administrator or executor of a deceased partner shall, under the law, take charge of the partner's effects, and a demand against such partnership shall be presented