11: Sept. 27, 1845. bility of. tificate. C. L. 1865, C. 2. § estate, conditioned for the faithful performance of his duties as executor or administrator, and no person shall act as executor or administrator until he shall have given such bond. Probate judge. lia- If any probate judge shall refuse or neglect to take such bond, at the time of granting such letters, he shall himself be liable for all the damages resulting from such neglect or refusal, at Records and cer- the suit of any person injured. All letters testamentary, and of administration, and all bonds and affidavits of executors and administrators shall be recorded by the clerk of the probate judge, in a well bound book kept for that purpose, before such letters are delivered to the executor or administrator, and the clerk shall certify on the letters that they have been recorded, and if any probate judge shall deliver, without complying with the foregoing resolutions, any such letters, he shall forfeit to the party injured double the damages occasioned by such default. Settlements, when required; penalty. C. 90. § 36. Huntington vs. Moore. vol. 1. page 489. N. M. Rep. § 1945. Every executor and administrator shall exhibit a statement of the accounts of his administration for settlement As amended; L. 89, with proper vouchers to the probate court, at the first term after the end of six months from the date of his letters, and at the corresponding term of such court, every year thereafter, until the administration be completed; and upon every failure so to do, may be fined not more than one hundred dollars for the use of the county, and shall forfeit to the party injured double the damages sustained by such default. Id. § 12. Testament de fined. 1946. By testament is understood the expression of the will of a man or woman, who, being in possession of a sound mind and entire judgment, provides verbally or in writing, for the disposal of his or her property, interests and rights, with legacies and benefits to his or her heirs, after his or Jan. 12, 1852. Tr. her death. C. L. 1865. C. 3. § 1: Wills, who may C. 90, L. 89. § 1: § 1947. Any person of the age of twenty-one years or up make, exceptions. wards, and in sound mind, may dispose by will of all his property, except what is sufficient to pay his debts and what is given by law as privileged property to his wife or family. Feb. 28. § 1948. Any person capable of making a will would do better by making it in writing than verbally, but a verbal will may be valid, on condition, that in either case they give it all the validity possible, as well as the freeness of the will, the Jan. 12. 1859. Tr. proof of soundness of mind and entire judgment. Will may be written or verbal. C. L. 1865, C. 3, § 3; Three witnesses required. Amended: L. 89, C. § 1949. The will shall have all the validity required in the previous section; when made in writing, it shall be signed by the testator, who, if unable or not knowing how to sign, 903 shall request some reliable person to sign for him, and shall be attested by two or more able and qualified witnesses as provided by the laws prescribing the qualifications of witnesses to give evidence in court or out of court, in this ter ritory. § 1950. A verbal will shall be attested by the same number of witnesses required for the written ones, and besides, two witnesses, there being no more, possessing the same qualifications as required for the written will, to testify that the testator, male or female, was in possession of a sound mind and entire judgment. § 1951. Persons becoming heirs, and those receiving benefits or legacies, by will, cannot be witnesses to the will in which they are interested. id. § 4. Verbal will. how attested. Id. § 5. Witnesses cannot be beneficiaries. Id. § 6. Witnesses. quirements of. § 1952. The witnesses to a written will must be present, see the testator sign the will, or some one sign it for him at his request as and for his last will and testament, and must sign as witnesses at his request in his presence and in the Feb. 28. presence of each other. re C. 90, L. 89. § 2: Feb. 26. of. C. 39, L. 91, § 1. § 1953. Any will may be revoked by the testator by an instrument in writing, executed and attested in the same manWills, revocation ner as is required by law for the execution and attestation of a will, by which instrument the maker distinctly refers to such will and declares that he revokes it; or such will may be revoked by the making of a subsequent valid will disposing of the same property covered by the first will, although no reference be made in the later will to the existence of the earlier one. § 1954. If a person having made a first will, should make a second, annulling the first, and afterwards annuls the second, the first will is not thereby made valid, unless the validity of the first will be acknowledged. § 1955. A person having no direct heir, although he may have legal heirs, may constitute a stranger as his heir, on condition that it be not an infamous or stupid person. But in this case, married persons may constitute each other, mutually, as heirs. § 1956. Any person capable of making a will may empower and authorize any other intelligent and well qualified person to make his last will and testament, and to dispose of his property, but in granting said power, the same qualifications required for the validity of a will and said power shall be inserted therein. 1957. The person receiving said authority shall not go beyond the powers therein specified, in reference to the institution of heirs, legacies, and nothing more. § 1958. The testator shall appoint one, two or more persons to be administrators and executors of his will, and in case he should fail so to do, the heirs shall, with the approval of the judge, appoint one or more persons as administrator or executor of the estate. § 1959. Persons capable of making a will may be appointed executors or administrators, and after having accepted said appointment, they shall impartially and punctually discharge the duties thereof. $ 1960. The executor shall exercise all the authority conferred upon him by his appointment, and if it should be necessary, in order to carry out the desires of the testator, to sell a portion or the whole of the estate, he may dispose of the same at public sale, without being allowed to purchase, under penalty of the sale being declared null and void. § 1961. The executor shall settle the estate within the time prescribed by the testator, and if no time should be specified, then within one year from the date of the testator's death, if, for just reasons, he cannot settle said estate in a shorter period. § 1962. Probate judges, in their respective counties, are authorized to qualify wills, by receiving the evidence of the witnesses, who were present at the time of making the same, and all other facts in relation to the investigation of the valid ity thereof. § 1963. If the deceased person makes no will, the estate shall be administered by the surviving conjugal partner, if married, and in the absence of such person, by the nearest relative of the deceased, or other person having an interest in the distribution of the property, be it an executor, legatee or creditor. 1964. If there should be no such person, or if such per sons should not take out letters of administration, within twenty days after the death of the testator, or of having received notice thereof, the probate judge shall appoint a person of sufficient capacity to administer said estate wherever it may be situated. § 1965. If the person dying intestate, died out of the county in which he resided, or out of the territory, the letters of administration shall be granted in the county in which he resided, as provided in the foregoing section, but if he owned no real estate in the county in which he resided, the letters of administration may be granted in any county. C. L. 1865, C. 3. § 19: Jan. 12, 1852. Tr. probate judge to ap point, when. Administrator. Id. § 20. Administration. letters of, where to be granted. Id. § 21. Administrator. § 1966. If letters of administration are granted to the per- oath of. son applying for them, he shall take an oath that he will take a complete inventory of the property of the deceased, that he will faithfully and lawfully discharge all of the duties pertaining to his office, and shall report to the probate judge whenever required so to do, and make a final settlement with the said judge when the estate is settled. § 1967. It shall be the duty of the probate judge to hear and determine claims against the estate. All such claims shall be stated in detail, sworn to and filed, and five days' notice of the hearing thereof, accompanied by a copy of the claim, shall be served on the executor or administrator, unless the same have been approved by the executor or administrator, in which case they may be allowed by the judge without such notice. § 1968. It shall be the duty of the clerk of the probate judge to register all wills, letters of administration and other acts pertaining to the same, in a book of record provided for the purpose. ed. Id. § 22. Claims, how audit C. 90, L. 89, § 27: Feb. 26. Registration re quired. C. 3. C. L. 1865, §24: Jan. 12, 1852. Tr. Evidence to be en Id. § 25. § 1969. It shall also be the duty of the clerk of the probate tered by clerk. court to enter the evidence of the fulfillment of the provisions of the will, and the return of the security bonds to the persons giving the same. 1970. The clerks of the judges of probate shall receive for granting testamentary letters, and of administration, and attesting the same, the sum of three dollars, and for each time that accounts are to be settled with an administrator or executor, he shall receive one dollar, and at the rate of ten cents for every hundred words he may have to write. Fees of clerks. Id. § 26. Appraisers, Id. § 27. § 1971. Appraisers shall receive at the rate of fifty cents pensation of. for every hundred dollars until the termination of the appraisement on property left by will, as well as the property left by intestates. com Executors com mission. § 1972. Administrators and executors shall be entitled to a commission upon the amount of money, or property at the appraised value, which comes into their hands as such, of ten per cent. on the first three thousand dollars and of five per Feb. 26. cent. on all amounts above the first three thousand dollars. C. 59, L. 91, § 2: Guardians. a ppointment of: bond § 1973. It shall be the duty of the judge of probate, if the testator does not appoint guardians for the minors who are required. Jan. 12. 1852. Tr. CL. 1865. C.3. §29; unable to administer their property, to appoint persons of good reputation to fill said office, who shall have the wherewith to answer for the interests confided to them, and shall require of them a bond in double the amount. Guardians.duty of; proviso. Id. § 30. Number of witnesses necessary for will. C. 90, L. 89, § 3: Feb. 26. 1974. Guardians having such interests under their charge, shall provide for the subsistence and expenses of their wards for whom they hold such interests, from the profits arising therefrom: Provided, That when said wards are in condition to receive said inheritance, they shall, upon an order of the probate judge, deliver up the total amount as they received it. § 1975. In the execution of all wills made after the passage of this act, two or more witnesses shall be sufficient. § 1976. Any will executed in any foreign jurisdiction, sufWill valid where ficient to convey the title or real estate in such jurisdiction, shall be valid in this territory to the same extent as in the jurisdiction where made. made valid here. Id. § 4. Custodian of will. duty of, on death of testator. Id. § 5. Procedure on production of will; time set. 1977. Any person having the custody of a will, shall, as soon as he is informed of the death of the testator, file the same with the clerk of the probate court, who shall open and read the same. If any person having the custody of the will, fail to produce the same as herein required, after receiving a reasonable notice to do so, the probate judge may commit him to jail until he produce the same, and he shall be liable for all damages occasioned by the failure to produce such will. § 1978. After the will is produced and read, the probate for proving to be judge or clerk shall ascertain from the will, and by the affidavit of the person producing the same and any other satisfactory evidence that may be obtained, the names and residences of the widow or husband or heirs-at-law of the decedent, who of such are minors, and the names and residences of their guardians, if any, and shall thereupon fix a day for proving the will, which day shall be during a term of the probate court and may be postponed from time to time, in the discretion of the court. Id. § 6. Probate clerk to serve notice on persons interested. Id. § 7. Notice to be mailed on residence. 1979. The probate clerk shall give notice of the time thus fixed, signed by himself and addressed to whom it may concern, which notice shall be personally served upon the widow or husband, heirs-at-law, the guardians of any such heirs, who are minors, the executors, devisees, and legatees named in the will, so far as they are resident within the territory, at least ten days before the day of hearing; he shall also give such notice by posting a copy thereof in English and Spanish at the front door of the court house of the county, at least three weeks previous to the day fixed for hearing, and by publication in some newspaper published in the county, if there be one, once a week for three consecutive weeks, the last publication of which shall be at least ten days before the time fixed for such hearing. § 1980. If it appear to the clerk that any of such interested parties are non-residents of the territory the clerk shall mail to each of them whose residence is known to him, postage prepaid, a copy of such notice. The notice herein provided for shall be entitled: Last Will and Testament of -giving the name of the decedent. Proof of personal service |