ARTICLE VIII. OF ESTATES OF NON-RESIDENTS. Sec. 264. Administering upon the real estate and mining claims of a non-resident, and the distribution of the same and of his personal property. Sec. 265. Estate may be distributed by the court in which the estate was settled. Sec. 266. Estate of insolvents to be disposed of pro rata to their creditors. Sec. 267. Administrator to sell and dispose of personal property according to order of court. Sec. 268. Court to appoint guardian ad litem-when. Sec. 270. Such guardian to receive money and property distributed to ward. Sec. 271. When other guardian is discovered money and property to be delivered to him. Section 264. Where administration shall be taken in this terri tory on the estate of any person who, at the time of his decease, was an inhabitant of any other state or country, his real estate and mining claims found here, after the payment of his debts, shall be disposed of according to his last will, if he left any, duly executed, according to the laws of this territory, and the personal estate according to his last will and testament, duly executed, according to the laws of his domicil; and, if there should be no such will, his real estate and mining claims, or mines, shall descend according to the laws of this territory, and his personal estate shall be distributed according to the laws of the state or country of which he was an inhabitant. Sec. 265. Upon the final settlement of such an estate, and after the payment of all debts for which the same is liable in this territory, the residue of the personal estate, if any, may be distributed and disposed of, in the manner aforesaid, by the probate court in which the estate is settled. Sec. 266. If such deceased person die insolvent, his estate found in this territory shall, as far as practicable, be so disposed of that all his creditors whose accounts have been allowed shall receive a pro rata amount upon their respective allowances. Sec. 267. When any order shall be made by the probate court directing the sale of any personal property for distribution, as provided by this act, it shall be the duty of the executor or administrator of the estate to which such personal property belongs to sell the same, and distribute the proceeds of such sale accord ing to the order of the court; and he and his securities shall account on his official bond for any failure to apply the proceeds of such sale according to such order. Sec. 268. Whenever application shall be made, as provided in the third, fourth, and fifth sections of this article, for the distribution of personal property, and it shall appear to the court, by the affidavit of the applicant or other person interested, that there is an infant or infants interested in such property who are not residents of the county, and who have no legal appointed guardian or curator, it shall be the duty of the court to appoint a guardian ad litem for such infant or infants. Sec. 269. Such guardian, when so appointed, shall have power as other guardians, and shall be required to enter into bond with like effect and on the same conditions as therein provided. Sec. 270. The guardian ad litem, appointed under the provisions of this act, shall receive the money or property which may be distributed or set apart to his ward, and shall hold and manage the same in like manner and on like conditions as general guardians and curators, and shall, in all things, be governed by the same rules as far as the same may be applicable. Sec. 271. If at any time the court shall be satisfied, as provided in the act concerning guardians and curators, that any minor has another curator in any county in this territory, where such minor resides, the court may order the transfer of all moneys, property, and effects to such regular curator, with like effect and on the same conditions as provided in such act. ARTICLE IX. PROCEEDINGS AGAINST EXECUTORS OR ADMINISTRATORS AND THEIR EXECUTORS. Sec. 272. Creditor may represent to court accounts of administrator incorrect and ask to have same examined. Sec. 273. Notice of application served on administrator-how served. Sec. 274. Court to direct issue to be made up. Sec. 275. If no waste be found, applicant to pay cost, but if waste be found, judgment against applicant; its nature. Sec. 276. If waste wilful or fraudulent, court to render judgment for double the amount wasted. Sec. 277. Action against administrator on official bond after final settlement. Sec. 278. Upon judgment against administrator execution may be levied upon his private property. Sec. 279. Process of execution to be applied to the payment of debt of person suing, and how residue to be appor tioned. Sec. 280. Ang person injured may sue on administrator's bond in name of the territory. Sec. 281. Misapplication of gold dust by administrators; measure of damages. Sec. 282. What probate court may do for disobedience to any order made in pursuance of any act. Section 272. If, upon the final settlement of any executor or administrator, there be not sufficient assets to pay all the demands against the estate, any creditor may, at any time before the end of the succeeding term of the court after which such final settlement shall have been made, suggest to the court that such executor or administrator has not made just accounts of the assets in his hands, and apply for an inquiry into the same. Sec. 273. The executor or administrator shall be served with a notice of such application, setting forth the substance thereof, ten days before the same shall be made to the court; and such notice may be served by any sheriff or constable, or any competent witness, who shall make affidavit to such service by delivering to such executor or administrator a copy of such notice, or by leaving a copy of the same at his usual place of abode, with some white member of his family over the age of fifteen years. Sec. 274. Upon such application the court shall direct an issue to be made up whether there be waste or not, which shall be tried as demands against the estate. Sec. 275. If no waste be found, the applicant shall pay the costs, but if waste be found, judgment shall be rendered in favor of the applicant against such executor or administrator of his own proper estate for the amount wasted, and costs, and the money collected shall be applied to the payment of the debts due the applicant, and the residue shall be apportioned among the creditors. Sec. 276. If it appear that such waste was committed wilfully or fraudulently, the court shall render judgment for double the amount wasted, with costs, to be apportioned as aforesaid. Sec. 277. If, after final settlement of any estate found to be solvent, any creditor or other person interested therein may bring action of waste, or a suit on the administrator's bond, and assign and prove a breach of the condition, any waste or mismanagement of the estate, and have judgment against the administrator or executor as his or their securities in said bond, for the whole value of the assets wasted or mismanaged, as he could have done it if the whole had been regularly accounted for, with costs. Sec. 278. Upon such judgment, execution may issue against the private estate of the executor or administrator and his or their securities, and the settlement of such executor or administrator shall only be conclusive so far as he has applied the assets, pursuant to the orders and apportionment made by the court for the payment of debts. Sec. 279. The proceeds of all executions on any judgment thus recovered shall be applied to the payment of the debts due to the person suing, and the residue shall be apportioned among the creditors. Sec. 280. The bond of any executor or administrator may be sued on the instance of any person injured, in the name of the people of the territory of Montana, to the use of such party, for the waste or mismanagement of the estate, or other breach of the condition of such bond, and the damages shall be assessed thereon as on bonds of collateral conditions. Sec. 281. When any such executor or administrator shall have wasted or misapplied any gold dust received in his hands by virtue of his trust or office of executor or administrator, in all such cases the value of such gold dust in the United States treasury notes shall be the measure of damages. Sec. 282. The probate court, for disobedience of any order made in pursuance of this act, may issue attachments, imprison the body, or proceed by sequestration of lands and goods, and may issue all necessary and proper process for that purpose, directed to any county in the territory, and cause it to be served and executed therein. ARTICLE X. OF APPEALS. Sec. 283. Appeal from the probate court. Sec. 285. What affidavit applicant shall file. Sec. 286. Bond of appellant. Sec. 287. Appeal shall not be a supersedeas in other matters than there appealed. Sec. 288. Clerk to transmit transcript to district court. Sec. 289. District court to hear case when transcript filed ten days before commencement of term. Sec. 290. Clerk of district court to certify transcript and record and send judgment of district court to probate court. Powers of serving partner who undertakes the management of partnership estate. Sec. 291. Sec. 292. Probate court to be governed by provisions of this act. Section 283. Appeals shall be allowed from the decisions of the probate court to the district court in the following cases: First. On all demands against the estate. Second. On all settlements of executors and administrators. Third. On all apportionments among creditors, legatees, or distributees. Fourth. On all orders directing the payment of legacies, making distribution, or making allowances to the widow or minor children. Fifth. On all orders for the sale of personal estate because distribution cannot be made in kind. Sixth. On all orders for the sale of real estate. Seventh. On all judgments for waste. Eighth. On proceedings to recover balances escheated to the people. Ninth. On all orders revoking or granting letters testamentary or of administration. Tenth. On all orders making allowances for the expenses of administration. Eleventh. On all orders for the specific executions of contracts. Twelth. On all orders compelling legatees and distributees to refund; and in all other cases where there shall be a final decision of any matter arising under the provisions of this act. Sec. 284. All appeals shall be taken during the term of which the decision complained of is made. Sec. 285. The applicant for such appeal, his agent or attorney, shall file an affidavit that the appeal is not made for the mere purpose of vexation or delay, but because the affiant believes that the appellant is aggrieved by the decision of the court. Sec. 286. Every such appellant shall file in the court the bond of himself or some other person, in a sum, and with security to be approved by the court, conditioned that he will prosecute the appeal with diligence, and pay the debt, damages, and costs that be adjudged against him. This act shall not be so construed as to require an executor or administrator to enter into bond in order to entitle him to an appeal. may Sec. 287. After such affidavit and bond have been filed, the appeal shall be granted, but shall be a supersedeas in any other matter relating to the administration of the estate except that from which the appeal is specially taken. Sec. 288. When such appeal is taken, the clerk or judge shall transmit to the clerk of the district court a certified transcript of the record and proceedings relating to the cause, together with the original papers in his office relating thereto. Sec. 289. Upon the filing of such transcript and papers in the office of the clerk of the district court, ten days before the first |