Sec. 79. If the executor or administrator, or other person interested in the estate, file an affidavit in the probate court, stating that the affiant has good cause to believe, and does believe, that any person has concealed or embezzled any goods, chattels, money, books, papers, evidences of debt, or title of the deceased, and has them in his or her possession, or under his or her control, the probate court may cite such person to appear before said court, and compel such appearance by attachment, and examine him or her, and other witnesses, on oath, for the discovery of the

same.

Sec. 80. If any person interested in any estate file a like affidavit against an executor or administrator, the probate court shall have the same power to cite him or her, and compel his or her attendance and examination, as in case of other persons.

Sec. 81. If any such person refuse to answer proper interrogatories, the probate court may commit such person to the common jail of the county until such answer is made and filed, or be discharged by due process of law.

Sec. 82. If any person charged and cited as aforesaid, shall appear, and, in his answer to the interrogatories, deny the truth of the facts alleged in the affidavits, the issue raised thereby may be tried by the court. Each party may introduce evidence, and if the court find from the evidence the issue in favor of the executor or administrator, he shall make an order requiring such person to deliver the property to the executor or administrator, and a judgment for the cost of the proceeding.

Sec. 83. If any person be convicted of unlawfully detaining such goods, moneys, chattels, or effects, books, papers, or evidence of debt, the court may compel the delivery thereof by attachment, or in case the person convicted be the executor or administrator, compel him to inventory, and to have the same appraised, and may commit him or her to the common jail of the county until compliance with the order or judgment of said court be made.

Sec. 84. After having collected the personal estate, the executor or administrator shall cause the same to be appraised by three disinterested householders of the county.

Sec. 85. Before entering on their duties, the appraisers shall make an affidavit, stating that they are not interested in, nor of kin to any person interested in the estate as heir or devisee, and that they will, to the best of their abilities, review and appraise the real and personal estate to them shown.

Sec. 86. The appraisers shall view and appraise such property, and make a list specifying each article appraised, its value, and total amount of appraisement, which shall be signed by said appraisers, or any two of them.

Sec. 87. The inventory, appraisement, and affidavit shall be

filed in the office of the probate court within thirty days after letters are granted, or the said court may, for good cause, prolong the time of filing the same, and it shall be the duty of said judge or clerk to record the same in a well-bound book, provided for that purpose.

Sec. 88. Each appraiser and witness to the inventory shall receive five dollars per day from the estate, for his attendance.

Sec. 89. Every executor and administrator shall cause similar appraisements to be filed, of all personal estate which shall come to his possession after the first appraisement, which shall be recorded, as provided in this act.

Sec. 90. Inventories and appraisements may be given in evidence, and in the absence of the originals, authenticated copies of the record of such inventories and appraisements shall also be received in evidence, but neither shall be conclusive for or against any executor or administrator, but other evidence may be introduced to vary the effect thereof.

Sec. 91. Within twenty days after letters are granted, the executor or administrator shall publish in some newspaper in this territory, for three weeks, a notice that letters testamentary or of administration have been granted to him, stating the date, and requiring all persons having claims against the estate to exhibit them for allowance within one year after the date of the letters or they may be precluded from any benefit of such estate, and that, if such claims be not exhibited within two years from the date of the letters they shall be forever barred.

Sec. 92. It shall not be necessary for any successor to an administrator or executor to publish notices, as required by the preceding section, if such notices shall have been published by any preceding executor or administrator of the estate.

Sec. 93. Such successor, if his predecessor has not made publication shall, within three days after letters are granted, publish in some newspaper in the territory, for three weeks, a notice, and shall post up, to the number of three, similar notices in the county where letters testamentary have been granted, in three of the most public places, one of which shall be upon the court-house, that letters testamentary have been granted to him, stating therein the date of the cessation on the letters of the preceding executor or administrator.

Sec. 94. When an intestate has left no known heirs, the administrator shall also publish a notice for six weeks in some newspaper in this territory, and shall post up, to the number of three, similar notices in the county where letters are granted, in the most public places, one of which shall be upon the court-house, containing the name of the intestate, a description of his person, the time and place of his death, the place of his nativity, if known, and the appraised amount of his estate.

Sec. 95. Executors and administrators shall collect all moneys and debts of every kind due to the deceased, and give receipts and discharges therefor, and shall commence and prosecute all actions which may be maintained and are necessary in the course of his administration, and defend all such as are brought against him.

Sec. 96. They shall prosecute and defend all actions commenced by or against the deceased, at the time of his death, and which might have been prosecuted or maintained by or against such executor or administrator.

Sec. 97. In all actions prosecuted by or against any executor or administrator he shall not be disqualified from being a witness on account of his being executor or administrator.

Sec. 98. For all wrongs done to the property, rights, or interests of another, for which an action might be maintained against the wrong-doer, such action may be brought by the person injured, after the death of the person doing the wrong or injury, against his executor or administrator, in the same manner and with like effect in all respects as actions founded upon con

tract.

Sec. 99. The preceding section shall not extend to actions of slander, libel, assault and battery, or false imprisonment, nor to actions on the case for injuries to the person of the plaintiff.

Sec. 100. All debts due by an administrator to his testator or intestate shall be considered as assets in his hands.

Sec. 101. If any person appoint his debtor executor of his will, such appointment shall not discharge the debt, but it shall be assets in his hands.

Sec. 102. In addition to dower, the widow shall be allowed, as her absolute property, the family bible, and other books, not to exceed in value the sum of two hundred dollars, all spinning wheels, weaving-looms, and stoves, put up or kept for use, all family pictures, twenty head of choice sheep, with their fleeces, and all yarn or cloth manufactured from the same, two choice cows, five swine, with the necessary food for them for six months, all wearing apparel of the widow and children, and all household goods, furniture, and utensils, not exceeding in value seven hundred and fifty dollars. Second. There shall be set apart for the widow or minor children or child, as the case may be, the homestead, consisting of a quantity of land not exceeding twenty acres, and the dwelling-house thereon, with its appurtenances, not being included in any incorporated town or city, or instead thereof a quantity of land, not exceeding one lot, in any incorporated town or city, and the dwelling-house thereon, and its appurtenances, to be selected by the widow, or if there be no widow, to be designated by the probate judge, and not to exceed in value in any case more than three thousand dollars. Third. If the deceased shall

have left a widow, and no minor child or children, such property shall be the property of the widow; if he shall have left a minor child or children, one-half of such property shall belong to the widow, and the remainder shall remain for the use of the child or children until the youngest shall attain the age of twenty-one, then the same shall be equally divided amongst all the children of said deceased. If there be no widow, the whole shall belong to the children of the deceased, the infants having the benefit thereof during their minority, after that period to be divided equally amongst the children.

Sec. 103. If the widow has a maintenance derived from her own property equal to the portion set apart to her by the provisions of the foregoing sections of this act, the whole property so designated shall go to the children upon the same terms and restrictions provided in the foregoing sections.

Sec. 104. If the widow or infant children do not receive the property thus allowed her or them, and the same be sold by the executor or administrator, the probate court shall order the money to be paid to the widow or children at any time before the same be paid out for debts or be distributed.

Sec. 105. Every executor or administrator, after the appraisment, shall sell at public sale all the goods and chattels of the deceased that are liable to perish, be consuined, or rendered worse by keeping, giving such credit as he may think best, not exceeding six months, and take bonds or notes, with good security, of the purchaser.

Sec. 106. If the perishable goods be not sufficient to pay the debts, the executor or administrator shall, in the same manner, sell other personal estate, until the debts and legacies be paid, but specific legacies shall not be sold in any case unless it be necessary for the payment of debts.

Sec. 107. Executors and administrators may assign the notes and bonds of the estate to creditors, legatees, and distributees, in discharge of such an amount of their claims, equal to the amount of such bond or notes.

Sec. 108. They shall give notice of the time and place of sale, not less than ten days, nor more than twenty days, in some newspaper in this territory, or by handbills put up in eight public places in the county where the sale is made.

Sec. 109. If any testator direct his estate not to be sold, the same shall be reserved, unless such sale be necessary for the payment of debts.

Sec. 110. When there are no known heirs or legal representatives, the administrator shall sell all the personal estate of the deceased within six months after administration is granted.

Sec. 111. In every public sale the executor or administrator

shall employ a competent clerk, not interested nor of kin to any heir or devisee of the estate.

Sec. 112. Such clerk shall keep a true account of the sales made, make a list of such sales, specifying each article sold, the price, and the name of the purchaser, and shall annex his affidavit to such list, stating that the same is a true account of the sales made by such executor or administrator at the time specified.

Sec. 113. Such sale bill shall be filed by the executor or administrator in the probate office in the county in which letters were granted within ten days after the sale, and it shall be evidence in the like manner and with like effect as inventories.

Sec. 114. Every executor and administrator, under the direction of a probate court, shall lease the real estate for any term. not more than one year, and shall receive and recover such rent, and shall regularly account to said court for all such rents.

Sec. 115. When the probate court shall be satisfied that any real estate may not be sold or leased for the payment of debts of the estate, the executor or administrator may be ordered to deliver possession of the same to those entitled to it.

Sec. 116. When any house, or out-house, fence, or other improvement on the real estate, requires repairs, the probate court may, on the application of any person interested, cause the necessary repairs to be made without prejudicing the creditors.

Sec. 117. At every term of the probate court the judge thereof shall examine all inventories, appraisements, and sale bills, filed since their last term, to see if the same have been made and filed according to law, and shall issue citations to compel all delinquents to comply with the law, and after due notice may fine and imprison such administrator or executor until they comply.

Sec. 118. If any person die leaving live stock that require attention, crops ungathered, or property of any kind so exposed as to be in danger of loss in value, or any work in an unfinished state, so that the estate would suffer material loss from the want of care and additional labor, it shall be the duty of the executor or administrator, until the meeting of the probate court, to procure such indispensable labor to be performed on the most reasonable terms that he can.

Sec. 119. The probate court, on the application of any person interested, may, in such cases, authorize further labor to be performed, as the interests of the estate require; and all sums paid, if approved by the court, shall be allowed as expenses of administration.

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Sec. 120. All interest received by executors or administrators on debts due to the deceased shall be assets in their hands; and if they lend money of the estate, or use it for their own private purposes, they shall pay interest thereon to the estate, at the highest rate that the money so used could have been loaned.